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Big Idea: Do anti-speculation measures targeting real estate actually work?

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Over the past five years, Canadian policy-makers at all three levels of government have become enamoured with a set of measures ostensibly designed to take some of the energy out of the real estate market, that bucking bronco of an industry whose gyrations affect, well, everything. The list, in fact, has grown in both heft and ambition: foreign buyer taxes (Ontario and B.C.), vacant home taxes (Vancouver and Toronto), stricter capital gains tax rules targeting flippers (national) and, finally, a two-year moratorium on most foreign buyer acquisitions, which came into effect last fall with the passage of the vaguely dog-whistley Prohibition on the Purchase of Residential Property by Non-Canadians Act.

You don’t need a political science degree or a stint in government to understand the impulse. Our escape-velocity real estate prices—the consequence of a constellation of factors from financialization to underinvestment in social housing to the unwillingness of municipal councils to up-zone residential neighbourhoods—have made Canada’s housing sector one of the least affordable in the world. While the Bank of Canada’s interest rate hikes in late 2022 and early 2023 have pushed prices down somewhat, the implacable reality is that most real estate remains well beyond the reach of the average family. What’s more, it will take years for housing construction drives, such as the one promised by the Ford government in Ontario, to bring supply more in line with demand.

Nada Hayek/The Globe and Mail

So, what’s a politician to do? Well, how about a bit of misdirection? Blame speculators, especially if they’re from, well, elsewhere. As it happens, governments from, well, elsewhere have been doing the same thing. London, Hong Kong, Auckland and Paris have all imposed taxes on foreign buyers, and U.S. jurisdictions are following suit—a dynamic that could catch up with Canadian snowbirds, who buy up a lot of vacation property in Florida.

But do anti-speculation policies aimed at foreign buyers actually work?

With some caveats, most analysts say they have little impact and may, in fact, cause local real estate markets to become even more brittle. In a note published in late February, CIBC chief economist Benjamin Tal was scathing in his verdict on the foreign buyers’ moratorium. “The damage is real,” he wrote, noting that foreigners account for only 2.2% of Ontario’s housing stock. “Many commercial real estate deals have been cancelled or are on hold despite the fact that they have nothing to do with residential housing. Developers that are partly foreign-owned or rely on foreign equity cannot proceed with purpose-built developments that, in our view, are the most effective tool to tackle Canada’s housing affordability crisis.” (In its latest budget, the feds amended the act to ensure foreigners can buy and develop commercial real estate.)

A University of Virginia study, published in the Iowa Journal of Law in 2021, picked up a similar thread, arguing that the source of resilience of a real estate market is the same as that of an investment portfolio: diversification and asset allocation. “Outside investors make holding local real estate less risky by introducing new and uncorrelated risks to the demand for that real estate,” wrote Andrew Hayashi and Richard Hynes. “When foreign investors purchase U.S. real estate to diversify their portfolios, they simultaneously bring the benefits of diversification to local homeowners by reducing the risk of a collapse in housing demand when the homeowners want to sell.”

Others have also questioned the logic. “I think it’s very misguided,” says Andrey Pavlov, a professor of finance at Simon Fraser University’s Beedie School of Business. “They’re really like a Band-Aid solution to a heart attack. They don’t solve the immediate problem that’s in front of us, which is insufficient supply. On the contrary, they actually reduce supply going forward because every time you interfere in the market through some sort of ‘clever’ solution, that increases the risk to market participants.”

Economist Thomas Davidoff, who holds the Stanley Hamilton Professorship in Real Estate Finance and heads the University of British Columbia’s Centre for Urban Economics and Real Estate, offers an empirical perspective gleaned from the province’s own experiences with such policies. B.C.’s foreign buyer tax had some impact, he found, but mainly at the very top of the market. “There was not much success in really improving affordability,” he says.

When Diana Mok, an associate professor at Western University who studies urban real estate economics, looked at Ontario’s foreign buyer tax, she found it affected only 350 transactions across the Greater Golden Horseshoe in the second quarter of 2020. What’s more, when she worked backward from the total amount collected, she discovered that the average home caught by this levy, which is 25% of the purchase price, sold for almost exactly the average home price in the region. “The picture that’s painted,” she says, “is, number one, the number of foreign buyers is not big, and number two, their purchases are not in any particularly high segment of the market. They are just like any average Canadian buying and selling in the housing market.”

It’s important to acknowledge that some of the anti-speculation measures of the past few years weren’t just sops to political pressure. B.C., for example, endured a money laundering crisis in the 2010s that flooded casinos, luxury car dealerships and residential neighbourhoods with crime proceeds from drugs, human trafficking and tax evasion. An expert panel reported in 2018 that more than $7 billion in dirty money had found its way into real estate, causing prices overall to rise about 5%. Comfortable and expensive Lower Mainland houses were torn down to make way for mansions that sat conspicuously empty—signals that prompted the B.C. government to enact a foreign buyer tax and then a vacancy tax.

Vancouver’s vacancy tax—which has been emulated in a growing number of cities, including, as of February 2023, Toronto—appears to have produced a response from owners sitting on empty dwellings that could otherwise be rented out. The tax is hefty enough—1% of assessed value in Toronto—that it won’t be seen as just a slap on the wrist.

The City of Vancouver’s latest empty homes tax report, released last fall, found that the number of vacant homes covered by the bylaw (there are some exemptions) fell 36% between 2017 and 2021, with about 9,000 new condo units added to the long-term rental pool between 2018 and 2021. The tax, in turn, generated more than $115 million for the city, which it says it uses to invest in grants to affordable rental housing providers and land that can be banked for housing development.

Davidoff, who advised Vancouver on its vacant homes levy, points out that tax dollars are fungible, so earmarking funds is more of a political gesture than an administrative one. But, he adds: “We live in a political world, and having popular support for a policy is important.”

Pavlov, for his part, says the vacancy tax is not a long-term solution. “This is just a one-time increase in rental supply that did absolutely nothing for the rental market, in that the vacancy rate did not move at all,” he says, adding that one of the perverse outcomes of the tax is that, by expanding the number of available units, it slightly dampened demand for new home construction. While Pavlov acknowledges that those extra and now occupied rentals are “not nothing,” he says the most meaningful policy solution will come from adding a lot of supply, especially in low-rise neighbourhoods that have been off limits to intensification for generations.

So, does the business of imposing anti-speculation policies come down to picking your poison—political pressure to tamp down on bidding wars on the one hand, and an assortment of measures, some of which may backfire, on the other?

Davidoff offers policy-makers a few rules of thumb: One, taxes are always better than bans (at least the government gets something out of it); and two, if the solution is to be a tax, focus on use of the property and not nationality of the owner. “Who has a more adverse effect on affordability in Vancouver,” he asks rhetorically, “a guy from Brazil who rents his place out to a local, or a guy from Toronto who uses the place as a pied à terre?”

 

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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B.C. voters face atmospheric river with heavy rain, high winds on election day

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VANCOUVER – Voters along the south coast of British Columbia who have not cast their ballots yet will have to contend with heavy rain and high winds from an incoming atmospheric river weather system on election day.

Environment Canada says the weather system will bring prolonged heavy rain to Metro Vancouver, the Sunshine Coast, Fraser Valley, Howe Sound, Whistler and Vancouver Island starting Friday.

The agency says strong winds with gusts up to 80 kilometres an hour will also develop on Saturday — the day thousands are expected to go to the polls across B.C. — in parts of Vancouver Island and Metro Vancouver.

Wednesday was the last day for advance voting, which started on Oct. 10.

More than 180,000 voters cast their votes Wednesday — the most ever on an advance voting day in B.C., beating the record set just days earlier on Oct. 10 of more than 170,000 votes.

Environment Canada says voters in the area of the atmospheric river can expect around 70 millimetres of precipitation generally and up to 100 millimetres along the coastal mountains, while parts of Vancouver Island could see as much as 200 millimetres of rainfall for the weekend.

An atmospheric river system in November 2021 created severe flooding and landslides that at one point severed most rail links between Vancouver’s port and the rest of Canada while inundating communities in the Fraser Valley and B.C. Interior.

This report by The Canadian Press was first published Oct. 17, 2024.

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No shortage when it comes to B.C. housing policies, as Eby, Rustad offer clear choice

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British Columbia voters face no shortage of policies when it comes to tackling the province’s housing woes in the run-up to Saturday’s election, with a clear choice for the next government’s approach.

David Eby’s New Democrats say the housing market on its own will not deliver the homes people need, while B.C. Conservative Leader John Rustad saysgovernment is part of the problem and B.C. needs to “unleash” the potential of the private sector.

But Andy Yan, director of the City Program at Simon Fraser University, said the “punchline” was that neither would have a hand in regulating interest rates, the “giant X-factor” in housing affordability.

“The one policy that controls it all just happens to be a policy that the province, whoever wins, has absolutely no control over,” said Yan, who made a name for himself scrutinizing B.C.’s chronic affordability problems.

Some metrics have shown those problems easing, with Eby pointing to what he said was a seven per cent drop in rent prices in Vancouver.

But Statistics Canada says 2021 census data shows that 25.5 per cent of B.C. households were paying at least 30 per cent of their income on shelter costs, the worst for any province or territory.

Yan said government had “access to a few levers” aimed at boosting housing affordability, and Eby has been pulling several.

Yet a host of other factors are at play, rates in particular, Yan said.

“This is what makes housing so frustrating, right? It takes time. It takes decades through which solutions and policies play out,” Yan said.

Rustad, meanwhile, is running on a “deregulation” platform.

He has pledged to scrap key NDP housing initiatives, including the speculation and vacancy tax, restrictions on short-term rentals,and legislation aimed at boosting small-scale density in single-family neighbourhoods.

Green Leader Sonia Furstenau, meanwhile, says “commodification” of housing by large investors is a major factor driving up costs, and her party would prioritize people most vulnerable in the housing market.

Yan said it was too soon to fully assess the impact of the NDP government’s housing measures, but there was a risk housing challenges could get worse if certain safeguards were removed, such as policies that preserve existing rental homes.

If interest rates were to drop, spurring a surge of redevelopment, Yan said the new homes with higher rents could wipe the older, cheaper units off the map.

“There is this element of change and redevelopment that needs to occur as a city grows, yet the loss of that stock is part of really, the ongoing challenges,” Yan said.

Given the external forces buffeting the housing market, Yan said the question before voters this month was more about “narrative” than numbers.

“Who do you believe will deliver a better tomorrow?”

Yan said the market has limits, and governments play an important role in providing safeguards for those most vulnerable.

The market “won’t by itself deal with their housing needs,” Yan said, especially given what he described as B.C.’s “30-year deficit of non-market housing.”

IS HOUSING THE ‘GOVERNMENT’S JOB’?

Craig Jones, associate director of the Housing Research Collaborative at the University of British Columbia, echoed Yan, saying people are in “housing distress” and in urgent need of help in the form of social or non-market housing.

“The amount of housing that it’s going to take through straight-up supply to arrive at affordability, it’s more than the system can actually produce,” he said.

Among the three leaders, Yan said it was Furstenau who had focused on the role of the “financialization” of housing, or large investors using housing for profit.

“It really squeezes renters,” he said of the trend. “It captures those units that would ordinarily become affordable and moves (them) into an investment product.”

The Greens’ platform includes a pledge to advocate for federal legislation banning the sale of residential units toreal estate investment trusts, known as REITs.

The party has also proposed a two per cent tax on homes valued at $3 million or higher, while committing $1.5 billion to build 26,000 non-market units each year.

Eby’s NDP government has enacted a suite of policies aimed at speeding up the development and availability of middle-income housing and affordable rentals.

They include the Rental Protection Fund, which Jones described as a “cutting-edge” policy. The $500-million fund enables non-profit organizations to purchase and manage existing rental buildings with the goal of preserving their affordability.

Another flagship NDP housing initiative, dubbed BC Builds, uses $2 billion in government financingto offer low-interest loans for the development of rental buildings on low-cost, underutilized land. Under the program, operators must offer at least 20 per cent of their units at 20 per cent below the market value.

Ravi Kahlon, the NDP candidate for Delta North who serves as Eby’s housing minister,said BC Builds was designed to navigate “huge headwinds” in housing development, including high interest rates, global inflation and the cost of land.

Boosting supply is one piece of the larger housing puzzle, Kahlon said in an interview before the start of the election campaign.

“We also need governments to invest and … come up with innovative programs to be able to get more affordability than the market can deliver,” he said.

The NDP is also pledging to help more middle-class, first-time buyers into the housing market with a plan to finance 40 per cent of the price on certain projects, with the money repayable as a loan and carrying an interest rate of 1.5 per cent. The government’s contribution would have to be repaid upon resale, plus 40 per cent of any increase in value.

The Canadian Press reached out several times requesting a housing-focused interview with Rustad or another Conservative representative, but received no followup.

At a press conference officially launching the Conservatives’ campaign, Rustad said Eby “seems to think that (housing) is government’s job.”

A key element of the Conservatives’ housing plans is a provincial tax exemption dubbed the “Rustad Rebate.” It would start in 2026 with residents able to deduct up to $1,500 per month for rent and mortgage costs, increasing to $3,000 in 2029.

Rustad also wants Ottawa to reintroduce a 1970s federal program that offered tax incentives to spur multi-unit residential building construction.

“It’s critical to bring that back and get the rental stock that we need built,” Rustad said of the so-called MURB program during the recent televised leaders’ debate.

Rustad also wants to axe B.C.’s speculation and vacancy tax, which Eby says has added 20,000 units to the long-term rental market, and repeal rules restricting short-term rentals on platforms such as Airbnb and Vrbo to an operator’s principal residence or one secondary suite.

“(First) of all it was foreigners, and then it was speculators, and then it was vacant properties, and then it was Airbnbs, instead of pointing at the real problem, which is government, and government is getting in the way,” Rustad said during the televised leaders’ debate.

Rustad has also promised to speed up approvals for rezoning and development applications, and to step in if a city fails to meet the six-month target.

Eby’s approach to clearing zoning and regulatory hurdles includes legislation passed last fall that requires municipalities with more than 5,000 residents to allow small-scale, multi-unit housing on lots previously zoned for single family homes.

The New Democrats have also recently announced a series of free, standardized building designs and a plan to fast-track prefabricated homes in the province.

A statement from B.C.’s Housing Ministry said more than 90 per cent of 188 local governments had adopted the New Democrats’ small-scale, multi-unit housing legislation as of last month, while 21 had received extensions allowing more time.

Rustad has pledged to repeal that law too, describing Eby’s approach as “authoritarian.”

The Greens are meanwhile pledging to spend $650 million in annual infrastructure funding for communities, increase subsidies for elderly renters, and bring in vacancy control measures to prevent landlords from drastically raising rents for new tenants.

Yan likened the Oct. 19 election to a “referendum about the course that David Eby has set” for housing, with Rustad “offering a completely different direction.”

Regardless of which party and leader emerges victorious, Yan said B.C.’s next government will be working against the clock, as well as cost pressures.

Yan said failing to deliver affordable homes for everyone, particularly people living on B.C. streets and young, working families, came at a cost to the whole province.

“It diminishes us as a society, but then also as an economy.”

This report by The Canadian Press was first published Oct. 17, 2024.

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