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Abstract

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. Twenty-eight percent of single-family homes are occupied by one person and generationally, Baby Boomers make up the largest portion of sole-person households. 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. Such shared housing would be a significant part of the solution for meeting the affordable housing needs for single seniors in rural communities who desire to age in place. This Article demonstrates that shared housing, particularly among seniors, can be a successful model for providing affordable housing in rural areas. It will identify and examine the legal impediments to implementing shared housing programs which include: (1) failure to meet building code and internal density requirements; (2) antiquated definitions of family and cohabitation under zoning laws with a need for statutory permission for unrelated people desiring to live together; (3) restrictive occupancy codes; (4) property and income tax consequences as well as impact on public benefits eligibility; (5) lack of traditional landlord tenant protections for informal shared housing arrangements; and (6) limited fair housing protections for shared housing arrangements. In addition, funding and financing shared housing under current conventional and government financing structures presents challenges. Despite these legal impediments and financing challenges, shared housing presents a worthwhile endeavor because benefits include addressing an important affordable housing problem, fostering social and intergenerational exchange, and the potential for enhanced health outcomes such as aging in place and decreased social isolation. In order to achieve these important benefits, this Article proposes regulatory and policy reforms to help alleviate barriers to the implementation of shared housing.

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