New Article (Forthcoming): Shared Housing as a Missing Middle Solution for Rural Communities

Alison Lintal, Shared Housing as a Missing Middle Solution for Rural Communities, 102 Neb. L. Rev 3 (2023). Abstract Below.

There is mounting pressure on municipalities to reform their zoning ordinances to eliminate “exclusive” single-family zoning. Advocates call for the inclusion of more multi-family housing within what have been exclusively single (white nuclear) family spaces. In particular, there is a need for “missing middle housing” which is a range of smaller multi-unit or duplex housing that is similar in scale to single-family homes.2 28% of single-family homes are occupied by one person3. Recent census data shows migration trends away from urban areas and towards rural communities with growth in rural racial diversity. Deteriorating housing stock, high development costs, and lack of affordable options continues to hamper affordable housing access in rural communities.

What should affordable “multi-household” housing look like in rural communities? This article proposes that government can infill rural single-family housing stock through local regulation modernization, government sponsored and private-sector programs, and policy incentives to promote shared housing. This article will identify and examine the legal impediments to implementing shared housing programs which include: (1) failure to meet building code and density requirements; (2) antiquated definitions of family and cohabitation under zoning laws with a resultant lack of constitutional protections for unrelated people desiring to live together, (3) restrictive occupancy codes; (4) property tax assessment implications for conversion to shared use; (5) income tax and benefits eligibility intersectional challenges; (6) lack of traditional landlord tenant protections for informal shared housing arrangements; and (7) fair housing implications for shared housing. The challenge of funding and financing shared housing under current conventional and government financing structures is mentioned in Part V. Despite these legal impediments and financing challenges, shared housing presents a worthwhile endeavor as the benefits of shared housing include fostering social and intergenerational exchange and the potential for enhanced health outcomes such as aging in place and decreased social isolation. Lastly, this article will propose some regulatory and policy reforms to help alleviate barriers to the implementation of shared housing.