Double Trouble: Addressing the Adverse Impact of “Doubles to Dorms” Projects in Uptown New Orleans

Comment

PDF available here.

By Robert C. Sanders, Jr.*

Introduction

         Picture yourself strolling down St. Charles Avenue in Uptown New Orleans. What do you expect to see?  You will observe streetcars gracefully gliding along the neutral ground, take in the refreshing aura of Audubon Park’s lush greenery, and marvel at historic residences adorned with unique architectural embellishments.  However, certain real estate developments are not only eroding the heritage and flavor of this special area but also creating extreme hardship for local residents.  This is why you are equally likely to encounter large red signs posted throughout this area—the Uptown New Orleans Historic District[1]—reading “STOP TURNING OUR HOMES INTO DORMS.”[2]

         These signs denote a rising phenomenon known as “Doubles to Dorms” (D2Ds).[3]  This phrase refers to developers purchasing residential homes[4] and converting them to dense student housing, adding as many bedrooms as possible through renovations and expansions.[5]  This practice has proven lucrative for developers who charge as much as $1,600[6] per “bedroom.”[7]  Yet, D2Ds create a myriad of problems for existing residents, like overcrowded streets with limited parking, increased costs of living, and, ultimately, displacement of local New Orleanians.[8]

         Consider Melinda Alfonso, a local living on Hillary Street[9] for nearly thirty years.[10]  Numerous homes on her block, some dating back to the 1930s, recently underwent conversion into multi-bedroom units marketed to college students.[11]  As a result, only three homes remain occupied by their original owners.[12]  In this case, development group Amicus Properties purchased and renovated two homes in the 800 block of Hillary Street and added four bedrooms to each, representing over an 80% net increase in bedrooms in these homes.[13]  Despite the influx in bedrooms, no parking spaces were added to the lots.[14]  Lamenting the overcrowded street parking and the flight of longtime neighbors who moved due to these adverse impacts, Alfonso told reporters, “[w]e’re fed up. . . . [n]o one wants to live here anymore.  No one can afford to live here.”[15]

         Just how dire has the D2D situation become? A local community activist group, Town of Carrollton Watch, maintains a 149-entry long list of historic houses lost to development for student housing.[16]  For instance, the list references a two-home renovation project which increased the number of bedrooms to ten in one home and eighteen in the other.[17]  These affected homes are not few and far between, as many streets have lost several family residences to D2D renovations.[18]  Simply put, the housing landscape of the University area[19] is changing at an alarming rate.

         Accordingly, this Comment explores the effects of D2D conversions critically impacting New Orleans residents and evaluates the various attempts to curb the rise of such renovations from a legal perspective.  Part I discusses problems, both presently faced and anticipated, associated with D2D renovations.  Then, Part II introduces zoning laws on a national and state level before discussing New Orleans’ municipal code and the construction permit process.   Next, Part III explores similar issues that other cities face and those cities’ efforts to curtail them.  Using the framework of zoning laws in New Orleans, Part IV summarizes efforts by local politicians and other community members to mitigate the rise of D2D activity.  Finally, Part V provides suggestions to decrease D2D conversions through changes to local zoning laws and private sector action.

I.  Problems and Effects

         The outcry against D2D conversions reaches far beyond the desire to protect neighborhood aesthetic.  Activists pinpoint numerous existing and potential problems from D2D conversions in New Orleans, including increased housing costs for locals, rising population density, parking and traffic issues, uncontrolled modification of historic properties, as well as safety and quality-of-life issues.[20]  Part I of this Comment introduces the concept of “studentification,” a form of gentrification in which students become concentrated in a particular neighborhood,[21] and addresses the effect of D2D renovations on housing costs in the surrounding area in Section A.  Section B then discusses various quality-of-life issues associated with increased population density.

         A. “Studentification” and Rising Housing Costs

         While students at Tulane University (Tulane)[22] and Loyola University New Orleans (Loyola)[23] have lived off-campus in the surrounding area for years, the trend of altering homes with the specific purpose of renting to students developed more recently.  This trend of “studentification” exaggerates the already present gentrification in the University area,[24] changes the local landscape, and contributes to increasing property costs.  For instance, many D2D renovations pack what used to be a single-family home with so many bedrooms that it becomes unsuitable or unaffordable for a typical family.[25]  Even if a local resident could afford to rent or purchase a converted property, this “purpose-built” student housing requires substantial modification to serve as suitable housing for permanent residents.[26]  The high cost of such a modification for the average local resident contributes to D2D properties driving out long-term residents in favor of more affluent college students.

         Additionally, an analysis of housing maintenance and upkeep demonstrates that local property owners who live in or near the property tend to maintain it better.[27]  On the other hand, owners who live a significant distance from their rental property are less likely to regularly check in on the home's condition or perform basic repairs.[28]  Some studies also reveal a link between high levels of absentee ownership in a neighborhood and increased crime and deterioration of property, sparking additional concerns for locals.[29]

         Furthermore, D2D conversions tend to increase both the property value and rent for homes in the University area.[30]  Accordingly, the proliferation of D2D projects exacerbates a shift from ownership neighborhoods to renter communities.[31]  As of 2017, renters comprised roughly half the residents of New Orleans.[32]  The growth of the rental population presents several concerns for the long-term development of these neighborhoods.  Compared to short-term, student renters, homeowners and long-term renters tend to have a much greater stake than renters in fostering clean, safe, and involved communities, and they also tend to be more politically and socially engaged.[33]  Accordingly, a community with more owner-occupants is more likely to produce a thriving neighborhood than a community of students occupying homes for one or two years before leaving.  Considering that 75% of Tulane students come from areas over 500 miles from New Orleans[34] and only 26% remain in New Orleans after graduation,[35] it is unlikely that student renters will remain as invested in the success of the community as longtime residents.

         B. Population Density and Quality-of-Life Issues

         Packing many students into homes not initially built to sustain such high occupancy increases the population density of neighborhoods, which may directly and indirectly affect residents’ quality of life.  D2D’s severely limit the availability of on-street parking.[36]  Especially where homes were originally built before parking was a concern, conversions result in an increased number of bedrooms without any additional off-street parking spaces added.[37]   Consider again the example where developers in one project renovated two homes next to each other, resulting in one home with ten bedrooms and another with eighteen bedrooms without creating additional parking spaces.[38]  In addition to exacerbating traffic congestion and forcing longtime residents to park several blocks away from their homes,[39] this congestion poses safety concerns, such as preventing emergency vehicle access.

            Along with traffic, locals report increased noise issues and trash left on the curb or lawns of student-rentals.[40]  Residents of the University area—an area already plagued by trash collection issues[41]—report that trash cans used by occupants of D2D properties are often never removed from the curb after garbage collection, which worsens parking conditions.[42]  Additionally, increased occupancy in these properties often translates to amplified noise levels, particularly during late-night hours, as student residents socialize or host gatherings.  These rowdy, student get-togethers can disrupt the peaceful atmosphere of residential neighborhoods, affecting nearby residents’ sleep and overall well-being.

         Theoretically, local ordinances against loud noise,[43] unmaintained properties,[44] and other quality-of-life problems[45] should protect against these issues.  However, local officials are typically unable to fully enforce such laws due to limited resources and the proliferation of student rentals.[46]  New Orleans’s police staffing crisis[47] and high crime rate[48] make enforcement of petty offenses a low priority, thus exaggerating the enforcement problem.

         Residents also express concerns that increased D2D conversions may compound drainage and flooding issues[49] in a city perhaps best known for being located “below sea level”[50] and susceptible to hurricanes and other heavy rainfall events.[51]  Fortunately, some studies suggest that D2D conversions are unlikely to significantly increase flood risk: the development of urban land as heavy structures are added to undeveloped land is what leads to land subsidence, or the loss of surface elevation,[52] so minimal changes to the footprint of existing homes in the already developed University area are unlikely to have a significant effect on the city’s overall flood risk.  While it is true that environmental scientists studying the link between land use and flooding suggest that zoning regulations be used to prevent further subsidence[53]—and thereby reduce flood risks—such suggestions may be better suited for newly developing areas.  However, it is important to distinguish between subsidence and drainage issues caused by building over permeable land. New Orleans already prevents homeowners in many areas from paving more than 40% of their front yards, a regulation designed to prevent street flooding during heavy rains.[54]  The mere existence of this law suggests that the expanded footprint of D2D conversions does, in fact, create flooding and drainage issues.

         The repercussions of D2D conversions cause multiple difficulties to the University area ranging from housing affordability and quality of life issues.  Therefore, New Orleans must devise comprehensive strategies that tackle the underlying causes of these challenges and safeguard the interests of local residents amidst the development of student housing.

II. Applicable Sources of Law

         Comprehension of potential remedies and efforts to mitigate issues brought on by D2D conversions require familiarity with zoning laws.  Thus, Section A of Part II presents an overview of the origin and evolution of zoning laws at a federal level before outlining the zoning powers granted to local municipalities by the Louisiana Revised Statutes.  Then, Section B examines the specifics of local zoning regulations outlined in New Orleans’ municipal code and explores the construction permit approval process.

         A. Zoning Laws on a Federal and State Level

         To fully understand the zoning issues at the heart of the D2D controversy, one must consider the history and purpose of zoning laws.  Municipal zoning regulations became widespread in the early 1900s in an effort to promote public health, morals, and general welfare.[55]  The United States Supreme Court declared these regulations constitutional in 1926.[56]  In 1936, Louisiana amended its constitution to specifically allow for the creation of the Vieux Carre Commission (VCC).[57]  Created with the goal of preserving historic buildings for local benefit, the VCC maintains authority to review construction and renovation permit applications within a specified area of the French Quarter.[58]  Though the VCC’s powers have been challenged on multiple occasions, both the Louisiana Supreme Court and the United States Supreme Court historically uphold the constitutionality of this amendment.[59]

         Louisiana state law grants certain powers to parishes and municipalities regarding zoning regulation.  Namely, the revised statutes provide that an official planning commission for any parish or municipality must “make and adopt a master plan for [the jurisdiction’s] physical development.”[60]  A master plan should describe the general location and extent of public roads and property within the jurisdiction, and it may include the commission’s recommendations for the development of transportation routes, parks, public buildings, schools, and utilities.[61]  State law further provides that the commission may “amend, extend, or add to the plan,”[62] and that a municipal planning commission shall also serve as a municipal zoning commission.[63]

         The state also grants the governing authority of each municipality the power to enact regulations on building height, floors, size, land usage, open space, population density, and intended functions and locations through zoning laws.[64]  This regulatory power serves to “promot[e] health, safety, morals, or the general welfare of the community.”[65]  These decisions are subject to judicial review for abuse of discretion, excessive use of powers, or denial of due process rights.[66]

         B. The Code of the City of New Orleans

         The Code of the City of New Orleans (the Code), first enacted in 1995, includes several ordinances relevant to the issues presented by D2Ds.  The bulk of these ordinances can be found in Chapter 26, “Buildings, Building Regulations, and Housing Standards,” and Chapter 84, “Historic District and Landmarks.”  The stated purpose of Chapter 26 is “to protect the health, safety and welfare of the public insofar as they are affected by the maintenance of structures and premises and any occupancy thereof.”[67]  The regulations in Chapter 84, on the other hand, are designed “to promote historic districts and landmarks for the educational, cultural, economic, and general welfare of the public through the preservation, protection, and regulation of buildings, sites, monuments, structures, and areas of historic interest or importance within the city.”[68]  Further, this provision lists additional goals of upholding the city’s heritage, preserving and enhancing environmental quality, improving property values, and managing growth.[69]

         First, Chapter 26 of the Code sets specific standards for houses and other buildings.  For example, no habitable room[70] may be less than seven feet in any horizontal dimension,[71] and all habitable spaces must have a minimum ceiling height of seven feet.[72]  Extra rules for specific types of rooms include that  living rooms must contain at least 120 square feet of floor area, and each bedroom must contain at least seventy square feet.[73]  Additionally, if a bedroom is to be occupied by more than one person, it must contain a minimum of fifty square feet per occupant.[74]  To further prevent overcrowding, the Code additionally provides a table indicating the minimum area requirements for living rooms and dining rooms based on the number of occupants.[75]  

         Although the provisions of Chapter 84 mostly pertain to historic preservation, Chapter 26 of the Code also establishes ten separate National Historic Districts in Orleans Parish,[76] thus suggesting that these two chapters be read in pari materia.  Chapter 84 subjects homes within these historic districts to the jurisdiction of the historic district/landmark commission.[77]  The University area, also referred to as the Carrollton neighborhood, was established as a local historic district in 2017.[78]  Unfortunately, however, the Code’s current regulations in Chapter 84 focus primarily on exterior alterations to buildings and demolition requirements.[79]

         Perhaps the most important aspect of this chapter concerning D2D projects is the definition of the term “demolition” as used in the Code:

Demolition means any of the following actions occurring within a five-year period to a building in a historic district: (1) The structural removal, obscuration, or increase in height of any exterior wall altering more than 50 percent of the total exterior structure, or the restructuring of more than 50 percent of the structure’s exterior wall area; (2) The removal, alteration, or obscuration of more than 50 percent of the existing roof structure measured in plain view; (3) The removal, alteration, or obscuration of more than 25 percent of the historic materials, as determined by HDLC staff, on the primary façade; or (4) The raising of an existing building to create habitable space that complies with the ceiling height requirements set forth in section 26-196.[80]

This definition becomes particularly important when developers attempt to characterize their construction projects as renovations, which have less stringent permit requirements than demolitions.  The Board of Zoning Adjustments, a city agency whose members are appointed by the mayor of New Orleans and tasked with ensuring compliance with the Code’s regulations, conducts the approval process for construction, renovation, and demolition permits.[81]

III. Similar Problems in Other Cities

         Though the “doubles-to-dorms” moniker is unique to New Orleans, the trend of converting family homes into multi-bedroom rentals aimed at college students is not.[82]  Neighborhoods across the country currently grapple with this growing trend, and their regulatory responses to preserve neighborhood integrity and community well-being may provide insight into how New Orleans can address the growing D2D problem.  Thus, Part III will summarize the efforts to curb family home conversions in Texas and Massachusetts.[83]

         A. “Stealth Dorms” in Texas

         Residents of Texas have recognized the trend of D2D conversions, which they have dubbed “stealth dorms.”[84]  Like neighbors of D2D conversions in New Orleans, Texans living near stealth dorms report problems such as a strain on neighborhood resources and decreased property values.[85]  These residents’ quality of life has decreased as a result.  For example, a resident of College Station, Texas,[86] whose residential neighborhood about a mile from Texas A&M’s campus has become inundated with stealth dorms, complained of frequent loud parties, pranks, and even cases of public urination in the area.[87]  In one instance, after a fire broke out in a neighbor’s home, the fire department could not access the home because there were too many cars parked on the street.[88]  Just as with D2Ds in New Orleans, stealth dorms also caused rent prices in the surrounding areas of converted homes to increase in multiple Texas neighborhoods.  In fact, a report commissioned by the Austin City Council[89] indicated that in one neighborhood rental costs increased by 75% between 2009 and 2014.[90]  Though it is unlikely that this change ensued solely from stealth dorms,[91] residents and politicians nevertheless sought actions to slow their rise.

         For example, the Austin City Council approved a city code amendment to reduce the number of unrelated adults living together in a newly built single-family dwelling.[92]  The city of Fort Worth[93] enacted a similar measure whereby no more than five people may occupy a single-family home.[94]  Its city council later strengthened the efficacy of this ordinance by explicitly defining the term “single housekeeping unit” to refer to “[i]ndividuals occupying a dwelling unit that have established ties and familiarity with each other” and stating that, “[i]f the unit is rented, all residents over the age of 18 have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises.”[95] 

         Opponents of the new laws in Austin and Forth Worth, however, urged that this resolution would negatively affect students more than it would alter the behavior of developers.[96]  Others argued that while the regulations would technically limit the number of individuals on a lease contract, it would not necessarily deter scenarios where four students sign a lease and subsequently accommodate additional roommates.[97]  Criticism of Austin’s occupancy cap, in particular, continued to grow over the years.  In addition to enforcement problems, many contended that the limitations only minimally prevented stealth dorms and instead contributed to a more urgent housing availability issue.[98]  In 2023, the Austin City Council reversed course: it repealed the occupancy cap law, with one council member reasoning that “[t]he four-person cap has long outlived its usefulness[,] and it unduly constrains our ability to address the current housing crisis.”[99]  This move demonstrates the importance of balancing attempts to prevent D2D-like conversions with sustainable community development.  Anti-D2D ordinances must be carefully tailored to be effective and enforceable while not creating housing shortages.

         B. Luxury Home Conversions in Boston

         Renovations and dramatic conversions like the D2Ds in Uptown New Orleans are happening across various areas of the country, stages of life, and socio-economic sectors.  Another form of home conversion in Boston, Massachusetts mirrors the adverse effects of D2D conversions, offering potentially valuable lessons for addressing housing affordability challenges.  There, developers are successfully converting single- and double-family homes into high-priced luxury units.[100]  For example, developers purchased a modest, somewhat dilapidated two-family unit for roughly two million dollars, renovated it into a luxury single-family home, and then listed it for sale at $3.995 million.[101]  Though this practice caters to an entirely different population than students, these luxury home conversions, like D2D conversions in New Orleans, bring high profits for developers in exchange for lasting impacts on the character and affordability of surrounding neighborhoods.  

         During the period spanning from 2004 to 2018, investors acquired one out of every five homes sold in the Greater Boston Area,[102] thereby reducing the availability of lower-priced houses for potential owner-occupant buyers.[103]  Investors tend to resell renovated properties for significantly more than the original purchase price compared to non-investors, which contributes to pushing certain neighborhoods farther out of reach for the average resident.[104]  Lower-income neighborhoods of color are most negatively affected,[105] and some areas have “tens of thousands of residents on wait[ing] lists for low-income housing.”[106]

         Some solutions to Boston’s similar real estate renovation problems may be applicable to New Orleans, while others may provide a guidebook of what not to do.  Boston residents called on legislators to enact strong protections for the area’s housing stock,[107] while others proposed policies such as rent regulation, first-time homebuyer assistance, and municipal property tax reform.[108]  Community members argue that imposing restrictions on how much landlords can increase rent eliminates opportunities for investors to dramatically increase their profit through rent surges.[109]  Many of the local proponents of rent control regulations, implemented in nearly 200 cities nationwide with goals of curbing eviction and displacement, also advocated for ensuring that the regulations remain in place between changes in property ownership.[110]  A majority of economists, however, disagree, noting that rent control policies often yield an undesired decrease in housing stock.[111]

         Rental vouchers and first-time homebuyer assistance programs exist as identifiable, potential solutions to offset the effects of such property conversions.  Massachusetts’s voucher program, for example, provides rental subsidies to low-income families, and the state has increased funding for this program in response to growing demand in recent years.[112]  An act proposed by the Massachusetts legislature would codify the program and help improve data collection and analysis, identify candidates for subsidies, and provide greater overall flexibility.[113]  Proposed homebuyer assistance programs offer support to low- and moderate-income individuals looking to purchase a home for the first time by assisting with the down payment on homes.[114]  The goal of such a program is to help these potential buyers overcome barriers created by affluent investors who have quicker access to capital and the ability to make cash offers.[115]

         Proponents of these assistance programs also recommended “state legislation enabling municipalities to collect fees on the transfer of certain real estate holdings to fund affordable housing.”[116]  The fees collected here would theoretically help ensure proper funding both for these assistance programs and for local efforts to expand affordable housing stock.[117]  Following the lead of several other states, Massachusetts Governor, Maura Healy, has since proposed enacting a real estate transaction fee of 0.5% to 2% on the portion of property sales over one million dollars, with the revenue directed toward affordable housing development.[118]  The Healy administration also introduced a bill that would direct $425 million to a housing stabilization and investment fund.[119]  While the effects of these programs remain to be seen, it is important to note that, as with rent control programs, many economists cite a myriad of negative effects from housing vouchers, ranging from a decrease in quality of life to decreased housing stock.[120]

         Another rather unconventional solution to the housing problem in the Boston area recently emerged: encouraging developers to convert abandoned office spaces into residential apartments.[121]  Essentially asking developers to trade a detrimental conversion practice with a more productive one, research establishing the financial feasibility of office-to-residential conversions in this area supports the implementation of this program.[122]  The Boston Planning and Development Agency’s (BPDA) pilot program, designed to take advantage of post-pandemic vacancies in downtown office spaces, offers a 75%, 29-year tax reduction for building owners who convert office spaces and meet certain requirements.[123]  To qualify, the conversion must (1) meet green energy standards; (2) at least 17% of the units must meet inclusionary zoning requirements; and (3) construction must begin by October 2025.[124]  The first approved project will create fifteen apartments across five floors of a downtown building, three of which will be income-restricted in order to meet the inclusionary zoning requirement.[125]  So far, the BDPA has received four applications from small local property owners as well as larger developers; if approved, these projects would create 170 housing units in the area.[126]

IV. Mitigation Attempts

         Despite wide recognition of the D2D conundrum, attempts to conserve housing stock and eliminate overdevelopment produce somewhat lackluster results.  Part IV explores various D2D mitigation attempts.  First, Section A summarizes the political efforts of local representatives.  Then, Section B highlights community-led efforts and explores how local residents can enact change.  Finally, Section C explores Tulane and Loyola’s responses to these measures.

         A. Political Action

         Two of the most outspoken local representatives addressing the D2D issue are City Council Member Joe Giarruso III and State Representative Aimee Adatto Freeman.  Council Member Giarruso represents District A, while Representative Freeman represents Louisiana House District 98.[127]  Both District A and District 98 cover the Carrollton and University areas in Uptown New Orleans.[128]

         Councilman Giarrusso spearheaded implementation of an Interim Zoning District (IZD) for the University area in March 2020.  The City Council passed this temporary regulation in an attempt to lessen the parking issues caused by D2D homes.  The measure prevented the issuance of new permits for renovations within the IZD that add bedrooms without creating more off-street parking spaces.[129]  Before the expiration of the IZD the following summer, Councilman Giarrusso proposed the establishment of a new zoning district, the University Area Off-Street Parking Overlay District (Overlay District), where developers would be required to create one off-street parking space for each increase in the number of bedrooms.[130]  The Overlay District rules would also mandate that parking spaces be built using permeable materials, thus limiting potential drainage issues.[131]  The new Overlay District would exist permanently and expand the regulated area by roughly three square miles while also providing exceptions for properties zoned for commercial or mixed use.[132]  Properties with homestead exemptions would also be exempt from the requirement.[133]  However, some community members, particularly housing advocacy groups, disagreed on the effects of the Overlay District and expressed concern that the off-street parking requirement would increase housing costs.[134]  The City Council ultimately passed the proposal unanimously, with the added caveat that the restrictions would not apply to affordable housing developments that reserve half of their units for low-income families.[135]

         Unfortunately, the Overlay District appears to have done little to slow D2D conversions.  A combination of two factors have allowed developers to sidestep regulations.  First, developers creatively found loopholes in existing regulations such as exploitation of the Code’s current definition of a bedroom: “any room or space used or intended to be used for sleeping purposes.”[136]  Multiple instances occurred of developers declaring existing rooms as bedrooms so that, on paper, their proposed renovations did not change the number of bedrooms.[137]  For example, the developers of one property on Cherokee Street alleged that the existing home had eight bedrooms.[138] A review of historic building plans and real estate listings, however, demonstrates that the home actually had five bedrooms.[139]  However, under the Code’s intent-based definition, developers argue that the additional rooms count as bedrooms.[140]

         Making matters worse, city officials improperly enforced the applicable zoning laws.  When the Board of Zoning Adjustments reviewed the permit for the Cherokee Street residence, it found that the existing structure had thirteen bedrooms, a count that included two unenclosed open-air porches and an entrance hall.[141]  Accordingly, the issuance of the permit did not require new parking spaces, and the developer proceeded as originally planned.[142]  One neighborhood activist urged the Board to review the permit decision: “[w]e are just baffled that we have to keep going through these surreal experiences with a city agency. . . . How do you look at someone and say a bedroom is not a bedroom?”[143] City officials claimed that they are not reinterpreting the law and instead applying it as written, with one Board member responding, “[w]e don’t write the rules; we just enforce them.”[144]

         The combination of loopholes in the Code and improper enforcement of regulations prompted further action by the City Council.  A more recent set of rules enacted by the City Council expands the number of neighborhoods included in the Overlay District and attempts to clear up loopholes by clarifying the definition of a bedroom.[145]  The amended portion of the Code clarifies that “[b]athrooms, toilet rooms, closets, halls, storage, or utility spaces, and similar areas are not considered habitable spaces.”[146]  Another measure currently under discussion by the Council includes the creation of a Design Review Committee tasked with approving “any enlargement or addition that would increase a structure’s existing square footage by more than 10%.”[147]

         In the state legislature, Representative Freeman introduced H.B. 372 in 2021, a bill that would empower the City of New Orleans to increase fines for property owners who intentionally violate building permits, potentially up to $1,000 per day.[148]  The rationale behind granting such powers is to deter developers from exceeding the boundaries of their demolition or construction permits to cash in on the lucrative trend of D2D conversions.[149]  Although the bill successfully cleared the House, it did not progress any further in the Senate.[150]

         Both Giarrusso and Freeman utilized their political positions to encourage Tulane and Loyola to more directly address the challenges posed by D2Ds.  For instance, in September 2022, Councilman Giarrusso stated that local universities should denounce the practice of D2D conversions and direct students to alternative housing options, such as on-campus dorms or off-campus properties that have not been heavily modified by developers.[151]  The following month, both Tulane and Loyola publicly supported the City Council’s efforts, and each announced plans to create additional on-campus housing.[152]

         B. Community Impact

         New Orleanians can foster change in multiple ways, but many citizens may be unaware of their ability to do so. For example, in August 2020, a group of uptown residents convinced the city’s Board of Zoning Adjustments (BZA) to revoke a renovation permit for a D2D conversion underway in their neighborhood.[153]  Though they failed to halt the expansion of D2Ds, the arduous process illuminated the difficulties associated with zoning appeals, particularly regarding the classification of properties.  Residents of the 1400 block of Audubon Street, situated just behind the site of an emerging D2D renovation on Broadway Street, voiced their opposition to the project.[154]  Audubon Street homeowners Chris and Chunlin Leonhard, along with their neighbors Grady and Jill Fitzpatrick, notified city officials that they believed the BZA had erroneously issued a renovation permit to Amicus Properties, a New York-based company that has bought and converted multiple homes in the area.[155]  The renovation had the potential to result in parking and noise issues, and it also would have allowed Amicus to expand the home’s footprint with structures coming within feet of the families’ backyards.[156]

         Both Amicus’ attorneys and local permit officials initially argued that the BZA properly awarded the permit because the planned renovation was technically not an expansion: the property was already used as multi-family housing, and the renovation would maintain the status quo of three dwelling units on the property.[157]  In reality, Amicus planned to significantly expand the property’s footprint—adding four bedrooms, two bathrooms, and zero parking spots—[158]while still classifying the project as a mere renovation.  Fortunately, the Board was ultimately convinced by the Leonhards’ and Fitzpatricks’ reasoning and revoked the permit in August 2020.[159]  Amicus challenged the Board’s decision in Orleans Civil District Court, where Judge Sidney Cates IV ruled in January 2021 that the Board was within its powers to revoke the permit.[160]

         Residents without the time, means, or knowledge to independently contest a developer’s building permit may still fight against D2Ds by joining established community initiatives.  For example, in 2021, the Preservation Resource Center of New Orleans coordinated with the City Council and the Historic District Landmarks Commission to revise the definition of “demolition” to prevent developers from circumventing the demolition permit process.[161]  Community members can also join organizations such as Town of Carrollton Watch and Maple Area Residents, Inc.  Each of these community-led initiatives maintains an online presence sharing updates and information about D2D conversions and encourages locals to educate themselves and get involved.[162]  Maple Area Residents, Inc. also hosts a dedicated Stop Doubles to Dorms website, which encourages residents to email City Council members expressing concern and support for proposed ordinances.[163]

         C. University Developments

         In recent years, Tulane responded to local and political pressures with robust changes in its on-campus housing availability and university policies.  In 2020, Tulane began a multipart construction project dubbed “The Village.”[164]  The project aims to end a shortage of on-campus housing[165] and entice students to choose to live on campus.[166]  The first two dorms constructed as part of this project were completed before the Fall 2023 semester, adding 697 new residential beds to the uptown campus.[167]  The project’s second phase will replace multiple dorms that previously housed a total of 821 students with a set of new residences that will provide beds for 2,065 students.[168]

         A recent update to university policies indicates further commitment and suggests that the administration intends to earnestly tackle its role in the D2D issue.  In February 2024, Tulane introduced a change in its student residency requirement described as “a major step forward in our continued effort to increase the number of students living on campus.”[169]  The university only required students admitted before Fall 2023 to live on campus for their first two years at Tulane, but students admitted for the Fall 2023 semester or later must live on campus for three years.[170] The administration expects completion of two new dorms by the 2025-2026 academic year, expected to provide enough on-campus housing for all students in their first three years at the university.[171]  This change will align Tulane’s residence policies with Loyola’s existing requirement that every student live on campus for their first three academic years.[172]

         In a routine email sent to interested neighbors of the university, the administration stated, “[w]e hope that our requirement that students live on campus through at least their third year will underscore our commitment to you and your quality of life.  We pledge to continue to be the best neighbor we can through this and numerous other initiatives.”[173]  Though the policy will not take effect until the 2025-2026 academic year, Tulane’s administration anticipates that the new policy will keep students more academically and socially engaged while also “fulfill[ing] Tulane’s goal of working closely with the City of New Orleans to build more housing to reduce the pressures on the off-campus housing market and sustain the integrity of the neighborhood communities that surround the university.”[174]  While the results remain to be seen, Tulane’s shift in housing strategy suggests a greater acknowledgement of its role in shaping the local housing landscape and its responsibility to the local community.

V. Bridging the Gap Between Town and Gown: Analysis and Suggestions for Local Stakeholders[175]

         Zoning regulations exist as the primary tool for governing land use and development in municipalities.  However, loopholes and ambiguities in current ordinances allow developers to exploit weaknesses in the regulatory framework.  These ambiguities, compounded by improper and inconsistent enforcement, undermine the regulations’ effectiveness in slowing down D2D conversions.  In other cities facing property problems in university areas, legal scholars propose a multi-faceted approach to countering the problems arising from D2D-style conversions, dividing the responsibilities between the university and local officials.[176]  On the university side, school administrators can make efforts to control the number of students living off-campus.[177]  Meanwhile, local officials can mitigate issues by consistently enforcing nuisance laws and implementing policies to limit the concentration of student rentals in residential neighborhoods.[178] Additionally, collaborative “town and gown” efforts between a school and its city are essential to foster good relations and achieve common goals.[179]  This Part of the Comment will evaluate the effectiveness of various proposed solutions and offer strategic recommendations for city officials, university administrators, and local residents.

         First, the City Council’s efforts, though designed to both mitigate the negative effects of D2D conversions and prevent additional projects, do not appear to provide meaningful movement on either goal.[180]  For example, while the parking space requirement would ideally prevent the approval of permits for D2D conversions, the D2D trend has continued to increase.  Amendments to the Code could clarify ambiguities and strengthen the efficacy of zoning regulations.  The City Council’s move to refine the definition of what qualifies as a bedroom is a step in the right direction, but a more robust set of changes are needed to both eliminate loopholes for developers and prevent city officials from loosely interpreting terms such as “dwelling units.”  Another challenge in enforcing zoning policies lies in distinguishing between “legitimate” renovations aimed at modestly improving property conditions and alterations undertaken solely for the purpose of D2D conversions.  Creating specific criteria for assessing the intent behind property modifications could theoretically assist in regulating D2D conversions without placing unnecessary burdens on property owners.

         Occupancy caps limited to non-related individuals may decrease the effect on general residents while also significantly reducing the number of D2D conversions.  Shifting focus from the number of bedrooms to the number of unrelated occupants allowed in a home will likely produce more effective results.  The City Council may wish to emulate Texas cities’ approach and limit the number of non-related adults allowed to reside within a clearly defined “single housekeeping unit.”[181]  Although backlash accompanied Austin’s similar approach because it had the unintended consequence of limiting affordable housing options, the geography of New Orleans’s D2D conversions presents promise for a refined version of such a policy: because D2D conversions in New Orleans are concentrated within the University area,[182] establishing an occupancy cap confined to this smaller area could prevent the reduction of affordable housing.  Although the size of the Overlay District in New Orleans has expanded over the past few years, its efficacy has not followed suit.[183]  Accordingly, it may be advantageous to establish more rigorous protections across a smaller geographical footprint.

         As an additional safeguard for residential property owners, this occupancy cap could be applied only to commercial properties.  However, because most D2D properties do not meet the criteria to be designated as commercial properties, this would necessitate a change in the definition of commercial properties.[184]  Given that many D2D developers lease a substantial number of properties, this could be accomplished by broadening the classification of commercial properties to include those owned by landlords who lease a specified quantity of properties within the University area.

         While rigorous rent control measures and housing voucher programs such as those implemented in Boston[185] may appear to be a viable solution to mitigate the consequences of D2D projects, these programs are not only controversial[186] but are also aimed at protecting lower-income renters and first-time home buyers, rather than the existing homeowners who are most impacted by D2Ds.  The city could, however, potentially adopt Boston’s office-to-residential conversion program.[187]  Although the distance between downtown New Orleans and the University area prevents such conversions from significantly assisting with student housing stock, this program is worth exploring as a potential method to increase affordable housing options for residents throughout the Greater New Orleans area.  Furthermore, calculations demonstrate that local governments would eventually see increased property tax revenues from office conversions.[188]  Still, if such conversions are profitable, the free market should move in that direction without government incentives.

         Some argue the city should consider addressing housing issues “through private means or other non-regulatory tools” to provide adequate solutions without reducing housing stock.[189]  Consider Tulane’s recent measures to increase the number of dorms on campus and limit the number of students living off-campus.  Although the threat of potential government action likely influenced Tulane’s response, it also stems from Tulane’s acknowledgment of its role in the community and desire to improve campus life. For example, Tulane officials commented on the positive effects of a close-knit learning community.[190]

         Both Tulane and Loyola must bolster their efforts to be “good neighbors” to the city that attracts so many students in the first place.  Tulane “encourages its students, faculty, and researchers to use their knowledge, skills, and discoveries to address local, national, and global challenges.”[191]  However, the school can do more to encourage its students to address local challenges.  For example, a robust “good neighbor policy” could ensure that those students living off-campus behave in a manner that does not disrupt residential neighborhoods.  Tulane does provide its students with an Off-Campus Living Guide, designed to inform students of “university policies and local ordinances to better prepare Tulane students for living off campus.”[192]  The document contains a list of “Good Neighbor Tips” which stresses the importance of being a good neighbor by maintaining yards, retrieving garbage cans from the curb in a timely manner, and avoiding excessive noise.[193]  This is a good start, but Tulane could be part of the solution by encouraging students to avoid certain D2D properties or problematic developers, perhaps in collaboration with the Maple Area Residents Association.

         Further, Tulane should incorporate these good neighbor “tips” into its code of conduct.  In the current, 63-page Code of Student Conduct, the word “neighbor” appears once: community workshops which “teach[] students how to be a good neighbor” are listed as a potential consequence for failing to abide by the school’s rules.[194]  Establishing an official “good neighbor policy”[195] and enforcing sanctions against students who violate its terms would help alleviate the stress of D2D conversions in nearby neighborhoods, especially given the New Orleans Police Department’s current difficulties in properly enforcing noise ordinances and other student violations.

         Essentially, Tulane and Loyola are in a better position than the city itself to combat the D2D issue.  Urging the universities to do so not only provides an adequate solution to the difficulties the city faces in enforcing and closing loopholes in its zoning laws but is also more likely to ensure affordability of University area homes. Economic studies demonstrate that various growth-management “solutions,” including restrictions on building permits, rent control measures, and subsidies, consistently lead to significant increases in housing prices and reductions in affordability.[196]  The New Orleans City Council should recognize that sometimes, the best way to meet citizens’ needs is to identify other institutions that share a common goal and are better equipped to handle an issue and allocate responsibilities accordingly.[197]  Here, Tulane and Loyola want to maintain a respectable image among their neighbors, and the City Council wants to ensure those residents that their voices are heard.  Accordingly, establishing an official “town and gown” effort with representatives from Loyola, Tulane, the City Council, and engaged neighbors would offer the best solution to limiting the rise of D2Ds.

Conclusion

         “‘How many New Orleanians does it take to change a light bulb?’ . . . .  [T]hree.  One to change the light bulb, the other two to discuss how much better the old light bulb was.”[198]  As this local joke illustrates, New Orleanians resist change.  But the changes brought about by D2D conversions are undesirable to all but the disinterested developers. Increased housing costs, displacement of longtime residents, parking and traffic issues, noise complaints, and other quality-of-life concerns necessitate a solution.  Unfortunately, no single solution exists, and the city must instead implement collaborative efforts between residents, their representatives, and the schools that unintentionally make D2D conversions profitable for out-of-state developers.  While the City Council attempts to refine zoning regulations, implement targeted mitigation measures, and ensure the preservation of local housing stock, the universities should continue their efforts to expand the availability of dorms on campus and consider additional policy changes to influence student behavior.  Meanwhile, local residents should continue to discuss the impact of D2Ds and communicate both concerns and potential solutions to the city and the universities.  Effectively working together will be crucial for these strategies to foster thriving neighborhoods in the University area.  Adoption of these strategies will allow city officials to better fulfill the objectives outlined in Chapter 26 and Chapter 28 of the Code: safeguarding the health, safety, and welfare of the public, as it is related to the maintenance and occupancy of structures and promoting the general welfare of the public through preservation, protection, and regulation.

VI. Appendix

         A. “STOP TURNING OUR HOMES INTO DORMS” Sign

 Photo taken by author on the 900 block of Adams Street (roughly five blocks from Tulane’s campus) on March 4, 2024.

         B. Minimum Area Requirements for Living Rooms and Dining Rooms Based on Number of Occupants

 New Orleans, LA., Code § 26-199(a) (1995), https://library.municode.com/la/new_orleans/codes/code_of_ordinances.

C. Map of New Orleans City Council District A

Joseph I. Giarrusso III, New Orleans City Council, https://council.nola.gov/councilmembers/joseph-giarrusso (last visited Mar. 18, 2022).

D. Map of Louisiana House District 98

State Representative Aimee Adatto Freeman, Louisiana House of Representatives, https://house.louisiana.gov/h_reps/members?ID=98 (last visited Mar. 18, 2022).

E. Map of D2D Properties in the University Area (Total Count: 128 D2Ds)

Maple Area Residents, Inc., Map of D2Ds, Stop Doubles to Dormitories, https://stopd2d.com/current-cases (last updated Oct. 23, 2023).

Footnotes:

* J.D. Candidate 2025, Loyola University New Orleans College of Law.  Special thanks to Professor James Étienne Viator and my classmates, particularly Kevin T. Kuhm, for providing invaluable guidance and research suggestions during the initial drafting process.  I am also deeply grateful to the 2024-2025 Loyola Law Review, especially Aubrey D. Rector, Anna K. Gilbert, and Anh T. P. Do, for their meticulous and thoughtful editorial assistance.  Lastly, I extend my heartfelt appreciation to my extraordinary parents and sister for supporting me throughout law school and encouraging me to write about this fascinating local topic.

[1] New Orleans, La., Code § 26-11 (1995), https://library.municode.com/la/new_orleans/codes/code_of_ordinances (establishing the boundaries of the Uptown New Orleans Historic District as “Tchoupitoulas Street from Louisiana Avenue to State Street, State Street to the riverfront railroad tracks, the riverside railroad tracks to Henry Clay Avenue, Henry Clay Avenue to Tchoupitoulas Street, Tchoupitoulas Street to the Audubon Park boundary, the Audubon Park boundary to the riverfront, the riverfront to Lowerline Street, Lowerline Street to South Claiborne Avenue, South Claiborne Avenue to Louisiana Avenue, and Louisiana Avenue to Tchoupitoulas Street”).

[2] Author’s personal knowledge and observations. E.g., a sign on the 900 block of Adams St. (Refer to Appendix, Section A for photo taken by author.).

[3] Maple Area Residents, Inc., Stop Doubles to Dormitories, https://stopd2d.com (last visited Mar. 5, 2024).

[4] The term “double” (or alternatively, “shotgun double”) is often used to describe “a 2-unit residence with a symmetrical façade of two doors and windows, each unit 1 room wide and 3 to 5 rooms deep with no interior hallway. [These homes] usually have a front roof overhang and may or may not have a front porch providing shelter from the elements.” Building Types and Architectural Styles, City of New Orleans Hist. Dist. Landmarks Comm’n, https://nola.gov/nola/media/HDLC/Guidelines/03-Architectural-Styles.pdf. “There are many variations of the New Orleans double,” and it is not an uncommon practice for homeowners “have renovate[] their doubles into single-family homes.” Leslie Heindel, New Orleans Doubles: Why People Want Them, Be New Orleans (Aug. 2019), https://beneworleans.com/new-orleans-doubles-why-people-want-them.

[5] Greg LaRose, Judge Backs Pulling Permit for Uptown ‘Doubles-to-Dorms’ Project, WDSU News (Jan. 14, 2021), https://www.wdsu.com/article/judge-backs-pulling-permit-for-uptown-doubles-to-dorms-project/35204809.

[6] Stephanie Riegel, Tulane, Loyola Support Stopgap City Council Measure to Slow ‘Doubles to Dorms’ Home Conversions, NOLA.com (Oct. 7, 2022), https://www.nola.com/news/business/tulane-loyola-support-stopgap-city-council-measure-to-slow-doubles-to-dorms-home-conversions/article_d30a0d62-45c4-11ed-a261-3bdb5df58a00.html.

[7] Developers and city officials are at odds over what constitutes a “bedroom.” New Orleans’ municipal zoning code defines a bedroom as “[a]ny room or space used or intended to be used for sleeping purposes,” § 26-150, but developers, locals, and city officials all disagree on the proper method to interpret and apply this definition, see, e.g., Stephanie Riegel, Critics Say New Orleans Failing to Properly Enforce New ‘Doubles to Dorms’ Regulations, NOLA.com (Mar. 8, 2023), https://www.nola.com/news/business/city-failing-to-enforce-d2d-regulations/article_48278c3e-bd3c-11ed-8c6d-b3d0055ba6bb.amp.html.

[8] Riegel, Tulane, Loyola Support Stopgap, supra note 6; see also Stephanie Riegel, ‘We’re Fed Up’: Uptown Homeowners Say ‘Doubles to Dorms’ Replacing Longtime Residents with Students, NOLA.com (Oct. 5, 2022), https://www.nola.com/news/business/were-fed-up-uptown-homeowners-say-doubles-to-dorms-replacing-longtime-residents-with-students/article_86abdaf0-4366-11ed-a6d2-8b243904731f.html (featuring statement from District A City Council member Joe Giarruso III, “This is commodifying housing and trying to make as much money as possible and push people out of their homes.”).

[9] Hillary Street is located in Uptown New Orleans, roughly five blocks from Tulane and Loyola Universities’ campuses.

[10] Riegel, We’re Fed Up, supra note 8.

[11] Id.

[12] Id.

[13] See Keith Hardie, Submission to City Planning Commission Re: University Parking Study of July 14, 2020, https://stopd2d.com/wp-content/uploads/2020/07/200720-Comment-to-CPC-w-slides-and-density-chart.pdf.

[14] See id.

[15] Riegel, We’re Fed Up, supra note 8.

[16] Town of Carrollton Watch, LLC, Historic Houses Lost to Development for Student Housing, https://townofcarrolltonwatch.org/wordpress/historic-houses-lost-to-development-for-student-housing (last visited March 5, 2024).

[17] Stop Doubles to Dormitories, supra note 3.

[18] For example, twenty-four of the homes listed are on Pine Street. Town of Carrollton Watch, LLC, supra note 16.

[19] The term “University area” refers to the land surrounding Loyola University and Tulane University’s campuses in Uptown New Orleans, where many Loyola and Tulane students live. E.g., Richard Campanella, Bienville’s Dilemma: A Historical Geography of New Orleans 42, 133 (stating that the “University area” formed as Tulane and Loyola established campuses next door to each other in 1894 and 1910, respectively). Campanella notes that these “[t]win campuses impart vital character to uptown” and “help[ed] form affluent neighborhoods with [a] highly educated residential population.” Id. at 42, 133.

[20] See, e.g., Stop Doubles to Dormitories, supra note 3; Hardie, supra note 13.

[21] Nick Revington, Post-Studentification? Promises and Pitfalls of a Near-Campus Urban Intensification Strategy, 59 Urb. Stud. 1424 (2022), https://doi.org/10.1177/00420980211021358. The term “studentification” is adopted by numerous authors who study neighborhood changes in college towns. E.g., id.; Nathan S. Foote, Beyond Studentification in United States College Towns: Neighborhood Change in the Knowledge Nodes, 1980–2010, 49 Env’t and Plan. 1341 (2017), https://doi.org/10.1177/0308518X17698962.

[22] Tulane opened its Uptown New Orleans campus along St. Charles Avenue in 1894.  Why Tulane, Tulane Univ. Office of Undergraduate Admission, https://admission.tulane.edu/why-tulane (last visited Jan. 28, 2025).  The campus currently covers “110 acres[,] stretching 1.5 miles from Gibson Hall along St. Charles Avenue to Turchin Stadium at the end of South Claiborne Avenue,” id., and hosts roughly 8,500 full-time undergraduate students, Tulane at a Glance, Tulane Univ. Office of Undergraduate Admission, https://admission.tulane.edu/why-tulane/at-a-glance (last visited Jan. 28, 2025).

[23] Loyola, which originally opened in 1904, sits right next to Tulane on 24 acres directly across from Audubon Park and currently has 3,223 undergraduate students. History, Loyola Univ. New Orleans, https://www.loyno.edu/about/facts/history (last visited Jan. 28, 2025); Facts, Loyola Univ. New Orleans, https://www.loyno.edu/about/facts (last visited Jan. 28, 2025).

[24] Richard Campanella, Cityscapes of New Orleans 67 (2017) (identifying the area around Audubon Park and Tulane and Loyola Universities as a “[g]entrification hot spot”).

[25] “Doubles to Dorms” Fight Continues, Pres. Res. Ctr. New Orleans (June 1, 2021), https://prcno.org/doubles-to-dorms-fight-continues.

[26] Id.

[27] Sarah Treuhaft et al., When Investors Buy up the Neighborhood: Preventing Investor Ownership from Causing Neighborhood Decline, 23 Cmty. Invs. 19, 21 (2011), https://www.policylink.org/sites/default/files/CI_Treuhaft_et_al.pdf (citing Richard N. Spivack, The Determinants of Housing Maintenance and Upkeep: A Case Study of Providence, Rhode Island, 23 Applied Econ. 639, 643 (1991); William M. Rohe & Leslie S. Stewart, Homeownership and Neighborhood Stability, 7 Hous. Pol’y Debate 37, 48 (1996)).

[28] Treuhaft et al., supra note 27, at 21.

[29] Id. (citing Jorge Elorza, Absentee Landlords, Rent Control, and Health Gentrification: A Policy Proposal to De-Concentrate the Poor in Urban America, 17 Cornell J. of L. and Pub. Pol’y 1 (2007)).

[30] Mercedes Ohlen, “Stop Doubles to Dorms” Movement Continues Amid New School Year, The Tulane Hullabaloo (Sept. 14, 2022), https://tulanehullabaloo.com/60917/news/stop-doubles-to-dorms-movement-continues-amid-new-school-year.

[31] See, e.g., Francesca Mari, A $60 Billion Housing Grab by Wall Street, New York Times Mag. (updated Oct. 22, 2021), https://www.nytimes.com/2020/03/04/magazine/wall-street-landlords.html (“Neighborhoods that were formerly ownership neighborhoods that were one of the few ways that working-class families and communities of color could build wealth and gain stability are being slowly, or not so slowly, turned into renter communities, and not renter communities owned by mom-and-pop landlords but by some of the biggest private-equity firms in the world,’ says Peter Kuhns, the former Los Angeles director of the activist group Alliance of Californians for Community Empowerment.”).

[32] A review of Census data reported an estimated 184,309 renters in New Orleans (with a 3,173-person margin of error). This is just over 49% of the New Orleans population of 374,694 people. Michael Maciag, Renter Population Data by City, Governing (Mar. 27, 2019), https://www.governing.com/archive/city-renter-population-housing-statistics.html.

[33] See generally David Grasso, A Society of Renters is the Anti-American Dream, Worth Mag. (July 13, 2021), https://worth.com/american-renters-vs-home-ownership; Lawrence Yun & Nadia Evangelou, Social Benefits of Homeownership and Stable Housing, Nat’l Ass’n Realtors (2016).

[34] Tulane at a Glance, supra note 22.

[35] About Tulane University, Tulane Univ. Libraries, https://library.tulane.edu/about-tulane-university.

[36] See, e.g., Stop Doubles to Dormitories, supra note 3; Sarah Ravits, City Council Issues New Parking Requirements Uptown to Curtail ‘Doubles to Dorms’ Trend, Gambit (Oct. 6, 2022), https://www.nola.com/gambit/news/the_latest/city-council-issues-new-parking-requirements-uptown-to-curtail-doubles-to-dorms-trend/article_3ea35f36-45b8-11ed-a012-637d096fccd6.html.

[37] See, e.g., Hardie, supra note 13 (describing renovations with an 80% net increase in bedrooms with no changes in number of parking spaces).

[38] Stop Doubles to Dormitories, supra note 3.

[39] Almost half of the of homes in the area were built before World War II, Building Types and Architectural Styles, supra note 4, before “[t]he post-World War II boom in car ownership and the construction of new highways led to significant changes in the way people moved around the city.” From Riverboats to Streetcars: The Evolution of Transportation in New Orleans, Audubon Coach (Sept. 12, 2024), https://www.auduboncoach.com/new-orleans-transportation-services/evolution-of-transportation-in-new-orleans. Accordingly, many homes in the University area were built close to the curb, thus limiting opportunities for the creation of off-street parking.

[40] See, e.g., City of New Orleans Planning Commission, 2020 University Area Parking Study (July 14, 2020), https://www.nola.gov/nola/media/City-Planning/University-Parking-Area-Study-DRAFT.pdf.

[41] Numerous New Orleans residents have expressed frustration with delayed or missed garbage collections, which have continued Hurricane Ida in 2021. See, e.g., Morgan Lentes, Problems with Trash Pick-Ups in New Orleans Continue into New Year, WDSU News (updated Jan. 3, 2023), https://www.wdsu.com/article/problems-with-trash-pick-ups-in-new-orleans-continue-into-new-year/42379945.  City officials remain optimistic that a change in garbage collection contracts in the Uptown area, effective April 1, 2024, will solve these issues. Rachel Handley, Leaders Say Changes, Improvements Coming to New Orleans Trash Pickup, 4WWL (Dec. 20, 2023), https://www.wwltv.com/article/news/local/leaders-say-changes-improvements-coming-to-new-orleans-trash-pickup/289-41136478-8e00-4c54-8cf7-f22038fda32f.

[42] Sophie Kasakove, New ‘Doubles-to-Dorms’ Rules Get Frosty Reception from City Planning Commission, NOLA.com (Aug. 8, 2023), https://www.nola.com/news/politics/doubles-to-dorms-rule-in-new-orleans-panned-by-city-planners/article_37fe2aee-3608-11ee-981e-832dd5a7b2b3.html. Notably, leaving garbage cans on the curb for an unreasonably long time is against the Code of the City of New Orleans. § 138-42,  (“All carts [garbage cans] shall be removed from the curb or service alley as promptly as possible, but no later than 8:00 p.m. on the day of collection.”).  “Owners, agents, . . . and/or occupants of property” who violate this ordinance may face up to a $150 fine for their first offense, a $250 fine for the second offense, and a $500 fine plus 90 days imprisonment for the third or any subsequent offenses.  § 138-37 (emphasis added).  Nevertheless, these laws appear to have limited success in motivating college renters to return their garbage cans in a timely manner.

[43] §§ 66-136 to 66-205 (detailing regulation of excessive noise levels in residential zones and enforcement via fines and citations).

[44] E.g., §§ 26-156 to 26-163 (establishing minimum conditions and responsibilities for maintaining properties, such as preventing accumulation of trash and repairing hazardous sidewalks); § 66-312 (establishing resident’s duty to maintain plant growth and remove debris on property).

[45] E.g., § 66-282 (establishing penalties for littering); § 26-444 (requiring owners of vacant structures to secure building to prevent unauthorized persons from entering).

[46] Jack S. Frierson, How Are Local Governments Responding to Student Rental Problems in University Towns in the United States, Canada, and England?, 33 Ga. J. of Int’l & Comp. L. 497, 500 (2005).

[47] “The NOPD continues to suffer with roughly 900 officers on the streets, which is a record low. The city should ideally have 1,500 officers.” Travers Mackel, New Orleans Data Analyst Says Murders Were Down in 2023, WDSU News (updated Jan. 2, 2024), https://www.wdsu.com/article/new-orleans-murders-down-2023/46261395; see also Cassie Schirm, New Orleans Inspector General’s Report Outlines Safety Concerns Over NOPD Staffing, WDSU News (updated Aug. 17, 2023), https://www.wdsu.com/article/new-orleans-inspector-general-report-nopd-staffing-concerns/44839716.

[48] Though murder, non-fatal shootings, armed robbery, and felony rapes have decreased in number in 2024 compared to 2023, Missy Wilkinson, Violent Crime is Plummeting in New Orleans So Far in 2024. Here’s Why, NOLA.com (Apr. 9, 2024), https://www.nola.com/news/crime_police/heartened-but-not-surprised-violent-crime-continues-to-plummet-in-new-orleans-nopd-data-shows/article_af11c188-f5f5-11ee-b87a-9b8a009f23e6.html, this reduction follows a national trend and analysts have noted that, with the exception of an improved NOPD response time, “it is hard to find any other local metric to credit the reduction in crime to,” Mackel, supra note 47.

[49] Stop Doubles to Dormitories, supra note 3.

[50] Richard Campanella, Draining New Orleans 180 (2023) (“Shrinking, compacting, drying, settling, consolidating, subsiding, sinking: soon, ‘below sea level’ would become the best-known topographical factoid about New Orleans. . . . [However], about 50 percent of the metropolis south of Lake Pontchartrain remains above the level of the sea. . . . 100 percent of the same area used to be above sea level. Most New Orleanians today believe most of their city is below sea level and always had been, and are astonished to hear that it was humans who inadvertently sunk it . . . .”).

[51] See, e.g., U.S. Env’t Protection Agency, EPA 430-F-16-020, What Climate Change Means for Louisiana (Aug. 2016) (“Louisiana is especially vulnerable [to flooding], because much of New Orleans and other populated areas are below sea level, protected by levees and pumping systems that remove rainwater, which cannot drain naturally.”).

[52] Subsidence, City of New Orleans Hazard Mitigation Plan, https://ready.nola.gov/hazard-mitigation/hazards/subsidence; Henk Kooi, et al., Assessment of Land Subsidence in New Orleans (May 2023), https://nola.gov/nola/media/Stormwater/Assessment-of-Land-Subsidence_20230510.pdf.  For a detailed discussion of historical subsidence in New Orleans, see Campanella, Draining New Orleans, supra note 50, at 175–81.

[53] Rita Der Sarkissian et al., Land Use Planning to Reduce Flood Risk: Opportunities, Challenges, and Uncertainties in Developing Countries, 22 Sensors 6957 (Sept. 14, 2022), https://doi.org/10.3390/s22186957 (describing land use zoning as a “fundamental input for flood risk reduction” and suggesting use of zoning laws such as limiting real estate development and construction permits to “halt[] residential intensification”).

[54] See, e.g., Susan Langenhennig, Is Your Front Yard Contributing to Street Flooding? New Program Aims to Swap Paving for Plants, NOLA.com (Mar. 31, 2015), https://www.nola.com/entertainment_life/home_garden/is-your-front-yard-contributing-to-street-flooding-new-program-aims-to-swap-paving-for/article_03107ddb-649e-5e47-81a9-9dba8585cc93.html; Front Yard Initiative, Urb. Conservancy, https://www.urbanconservancy.org/project/fyi (last visited Mar. 4, 2025).

[55] Samuel R. Staley, The Progressive Roots of Zoning, Found. for Econ. Educ. (Mar. 28, 2012), https://fee.org/articles/the-progressive-roots-of-zoning.

[56] Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365, 395 (1926) (declaring municipal zoning regulations constitutional based on police power of state to regulate for purpose of “public health, safety, morals or general welfare” unless such regulations are shown to be “clearly arbitrary and unreasonable, having no substantial relation to [these goals]”).

[57] E.g., Vieux Carre Prop. Owners & Assocs., Inc. v. City of New Orleans, 167 So. 2d 367, 368–69 (La. 1964).

[58] E.g., City of New Orleans v. Impastato, 3 So. 2d 599, 560 (La. 1941) (quoting La. Const. art. XIV, § 22A (1936)).

[59] E.g., Impastato, 3 So. 2d at 561 (declaring amendment authorizing creation of VCC constitutional and adopting a broad interpretation of “exterior” alterations subject to VCC’s review); City of New Orleans v. Pergament, 5 So. 2d 129, 131 (La. 1941) (upholding VCC decision to prevent property owner from displaying “unusually large sign on his premises” and holding that purpose of VCC is to “preserve the antiquity of the whole French and Spanish quarter,” not just older buildings); City of New Orleans v. Dukes, 427 U.S. 297 (1976) (upholding regulation of street vendors in French Quarter as means of protecting city’s tourism economy); see also Gareth A. DeVoe, A Tale of Two Cities’ Preservation Laws, 50 Real Prop., Tr. & Est. L. J. 113 (2016).

[60] La. Rev. Stat. § 33:106(A).

[61] La. Rev. Stat. § 33:106(B).

[62] La. Rev. Stat. § 33:106(C).

[63] La. Rev. Stat. § 33:106(D).

[64] La. Rev. Stat. § 33:4721 (“For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing authority of all municipalities may regulate and restrict the height, number of stories, and size of structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of the buildings, structures, and land for trade, industry, residence, or other purposes[.]”).

[65] Id.

[66] Id. (“[Z]oning ordinances enacted by the governing authority of municipalities or the acts of the zoning commission, board of adjustment as herein provided for, or zoning administrator shall be subject to judicial review on the grounds of abuse of discretion, unreasonable exercise of the police powers, an excessive use of the power herein granted, or the denial of the right of due process, provided, further, that the right of judicial review of a zoning ordinance shall not be limited by the foregoing.”).

[67] § 26-147.

[68] § 84-21.

[69] Id.

[70] Though the Code does not provide a definition for “habitable room,” it does define “habitable space” as “[s]pace in a structure for living, sleeping, eating or cooking,” adding that “[b]athrooms, toilet rooms, closets, halls, storage, or utility spaces, and similar areas are not considered habitable spaces.” § 26-150.

[71] § 26-195.

[72] § 26-196.

[73] § 26-197.

[74] Id.

[75] §§ 26-197, 26-199 (stating that, if a home has one to two occupants, the living room must be at least 120 square feet; if a home has three to five occupants, the living room must be at least 120 square feet, and the home must also have a dining room comprising at least eighty square feet; if a home has six or more occupants, the living room must be at least 150 square feet, and the dining room must be at least 100 square feet). Refer to Appendix, Section B to view the referenced table.

[76] § 26-11 (establishing ten historic districts: CBD, Carrollton, Uptown, The Garden District, Central City, The Lower Garden District, Mid-City, Parkview, New Marigny, and South Lakeview).

[77] § 84-22.

[78] “Doubles to Dorms” Fight Continues, supra note 25.

[79] See § 84-21 et seq.

[80] § 84-22.

[81] Stephanie Riegel, New Orleans City Council Tries, Again, to Crack Down on ‘Doubles-to-Dorms’ Near Universities, NOLA.com (Apr. 11, 2023), https://www.nola.com/news/business/doubles-to-dorms-in-uptown-new-orleans-get-new-rules/article_8562f24e-d8af-11ed-9968-efecf3f40ca5.html.

[82] E.g., Kate Rousmaniere, The Neglected Stepchild of University Life, Inside Higher Ed (Aug. 9, 2017), https://www.insidehighered.com/views/2017/08/10/professor-whos-also-mayor-examines-issues-surrounding-campus-housing-essay ([O]ff-campus housing remains largely a neglected stepchild, raising a legion of issues, circling around the main question of institutional responsibility beyond the campus. . . . In a college town, one of the most contentious community issues is the saturation of the housing market with student-oriented housing at the expense of family and moderate-income housing. Common concerns in my community include the deterioration of lovely old homes now packed with student renters and the increased litter and noise in high-student-density areas. In recent years, large for-profit student housing development corporations have entered college towns to take advantage of broad zoning codes to build housing that is by definition ‘single family’ but designed with college students as the primary audience[.]”). See also Karen Black, The Role Student Housing Plays in Communities, Shelterforce (Sept. 6, 2019), https://shelterforce.org/2019/09/06/the-role-student-housing-plays-in-communities (“Off-campus housing for college students has grown extensively over the last decade, and communities across the country are hoping to gain control over its spread and potential negative impact on neighborhoods and available affordable housing.”).

[83] While towns in Texas and Massachusetts are far from the only examples of this troubling trend, they provide excellent learning opportunities for the City of New Orleans. Other examples of cities facing similar problems include Charleston, South Carolina (College of Charleston); Durham, North Carolina (Duke University); Philadelphia, Pennsylvania (Temple University); and Providence, Rhode Island (Providence College and Rhode Island College), to name a few. Melissa Rademaker, Charleston Residents Want to Limit Student-Style Housing in Their Neighborhoods, WCSC (updated Apr. 21, 2022), https://www.live5news.com/2022/04/21/charleston-residents-want-limit-student-style-housing-their-neighborhoods; Sarah Pequeño, A Durham Group Wants Duke Students Out of Neighborhoods, AOL (Feb. 6, 2023), https://www.aol.com/durham-group-wants-duke-students-145017246.html; Who Owns Your Home? Property Owners Span U.S. to Cash in Near Temple’s Campus, Temple News (May 7, 2019), https://longform.temple-news.com/who-owns-your-home-property-owners-span-u-s-to-cash-in-near-temples-campus; Dan McGowan, Judge: Providence Student Housing Ordinance is Legal, But Probaly Won’t Work, WPRI (Feb. 12, 2018), https://www.wpri.com/news/judge-providence-student-housing-ordinance-is-legal-but-probably-wont-work.

[84] See, e.g., Jody Serrano, Stealth Dorms Move in and Families Move out, Texas Trib. (Aug. 20, 2013), https://www.texastribune.org/2013/08/20/families-move-out-stealth-dorms-move.

[85] Id.

[86] College Station is home to Texas A&M University, which has nearly 80,000 students. Our Community, City of College Station, https://www.cstx.gov/our_community (last visited Jan. 29, 2025).

[87] Serrano, supra note 84.

[88] Id.

[89] Austin is home to multiple schools, namely the University of Texas at Austin, which was founded in 1883 and has roughly 52,000 students. About Texas, Univ. of Texas at Austin, https://www.utexas.edu/about-texas.

[90] Michael Kanin, Council OKs Lower Occupancy Limits for New Housing, Austin Monitor (Mar. 21, 2014), https://www.austinmonitor.com/stories/2014/03/council-oks-lower-occupancy-limits-for-new-housing.

[91] See Nicolas Bedo & Danielle Hale, September Rental Data: Tech Cities Are Back, Realtor.com (Oct. 28, 2021, https://www.realtor.com/research/september-2021-rent (attributing increasing rents in 2021 primarily to relocation of tech companies to Austin).

[92] E.g., id. (describing action reducing the number of unrelated adults allowed to cohabitate in a single dwelling from six to four).

[93] Fort Worth is home to Texas Christian University’s 302-acre campus and 10,900 undergraduate students. Our Campus, Texas Christian Univ., https://www.tcu.edu/about/our-campus.php.

[94] Kriston Capps, Are Millennial ‘Stealth Dorms’ Ruining Texas Cities?, Bloomberg (Nov. 11, 2015), https://www.bloomberg.com/news/articles/2015-11-11/are-millennial-stealth-dorms-ruining-texas-cities.

[95] Id.; City Council Approves New Definition of ‘Single Housekeeping Unit’, TCU 360 (Oct. 15, 2015) (“The [full] new definition states that a single housekeeping unit consists of: ‘Individuals occupying a dwelling unit that have established ties and familiarity with each other; share a lease agreement, have consent of the owner to reside on the property, or own the property; jointly use common areas and interact with each other; and share the household expenses such as rent or ownership costs, utilities, and other household and maintenance costs activities. If the unit is rented, all residents over the age of 18 have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises.’”).

[96] E.g., Alyssa Mahoney, City Council Makes Final Decision to Reduce House and Duplex Occupancy Limits, The Daily Texan (Mar. 21, 2014), https://thedailytexan.com/2014/03/21/city-council-makes-final-decision-to-reduce-house-and-duplex-occupancy-limits.

[97] Serrano, supra note 84.

[98] Mercedes Hernandez, Austin City Council Votes to Change Code Implemented to Fight ‘Stealth Dorms’, KXAN (Jun. 1, 2023), https://www.kxan.com/news/local/austin/austin-city-council-votes-to-change-code-implemented-to-fight-stealth-dorms.

[99] Id.

[100] Christopher Schmidt, Single Family Conversions: The Real Luxury Housing Crisis, Medium (Jan. 16, 2020), https://crschmidt.medium.com/single-family-conversions-the-real-luxury-housing-crisis-5e7e3a364209.

[101] Id.

[102]  Mike Sullivan, Real Estate Investors Bought 1 in 5 Homes in Greater Boston Between 2004 and 2018, CBS News (updated Nov. 30, 2023), https://www.cbsnews.com/boston/news/real-estate-investors-greater-boston-housing-market.

[103] Homes for Profit: Speculation and Investment in Greater Boston – An Analysis of Investor Activity in the Greater Boston Residential Real Estate Market, 2000 – 2022, Metro. Area Plan. Council, https://speculative-investment-report-238dd5ba1fdb.herokuapp.com/report (last visited Mar. 17, 2024) (“Since 2010, investors who flipped their single-family properties have seen re-sale prices a median of 55 to 85% higher than they originally paid for the properties; by comparison, non-investors who flip properties have seen re-sale prices at a median of only 12 to 25% higher in the same period.”)

[104] Id.

[105] Lance Reynolds, Investors Buying Up Homes in Massachusetts at Red-Hot Pace: Report, Boston Herald (Nov. 30, 2023), https://www.bostonherald.com/2023/11/30/investors-buying-up-homes-in-massachusetts-at-red-hot-pace-report.

[106] Schmidt, supra note 100.

[107] Reynolds, Investors Buying Up Homes, supra note 105.

[108] Homes for Profit, supra note 103. First-time homebuyer assistance programs, by definition, would be unlikely to provide relief to existing homeowners in the University Area. Rent-control measures, on the other hand, could theoretically dissuade developers from conducting more D2D conversions by capping their expected profit. See infra notes 186–89 and accompanying text for a full discussion of these policies in the context of D2D conversions.

[109] Id.

[110] Id.

[111] See infra note 186.

[112] Homes for Profit, supra note 103 (“MRVP has seen . . . $85 million allocated in FY17 and $179 million allocated in FY24.”)

[113] Id.; H.1351, 193rd Gen. Ct. (Mass. 2023).

[114] Homes for Profit, supra note 103.

[115] Id.

[116] Id.

[117] Id.

[118] Reynolds, Investors Buying Up Homes, supra note 105; Homes for Profit, supra note 103 (“Similar fees on the transfer of property are levied in Connecticut, Florida, Illinois, Michigan, New Hampshire, New York, Pennsylvania, Vermont, Washington, D.C. and a number of other jurisdictions across the United States.”).

[119] Reynolds, Investors Buying Up Homes, supra note 105.

[120] See infra note 186.

[121] Lance Reynolds, Downtown Boston Will Soon See Construction on First Office-to-Housing Conversion, Boston Herald (Mar. 15, 2024), https://www.bostonherald.com/2024/03/15/downtown-boston-will-soon-see-construction-on-first-office-to-housing-conversion.

[122] Arpit Gupta et al., Converting Brown Offices to Green Apartments, Nat’l Bureau Econ. Rsch (August 2023), http://www.nber.org/papers/w31530 (demonstrating that office-to-residential conversions are financially feasible in New York, San Francisco, San Jose, Boston, Washington D.C., and Denver). But see Emily Badger, American Cities Have a Conversion Problem, and It’s Not Just Offices, New York Times (updated July 4, 2024), https://www.nytimes.com/2023/07/01/upshot/american-cities-office-conversion.html (describing a host of regulations that prevent office-to-apartment conversions in New York City).

[123] Lance Reynolds, Downtown Boston Housing Revival: Empty Office Space to Be Converted into Apartments, Boston Herald (Feb. 17, 2024), https://www.bostonherald.com/2024/02/17/downtown-boston-housing-revival-empty-office-space-to-be-converted-into-apartments.

[124] Reynolds, First Office-to-Housing Conversion, supra note 121.

[125] Id.

[126] Id.

[127] Joseph I. Giarrusso III, New Orleans City Council, https://council.nola.gov/councilmembers/joseph-giarrusso (last visited Mar. 5, 2022); State Representative Aimee Adatto Freeman, Louisiana House of Representatives, https://house.louisiana.gov/h_reps/members?ID=98 (last visited Mar. 5, 2022).

[128] Greg LaRose, Uptown Neighbors Want Tougher Permit Enforcement on ‘Doubles-to-Dorms’, WDSU News (Feb. 18, 2021), https://www.wdsu.com/article/uptown-neighbors-want-tougher-permit-enforcement-on-doubles-to-dorms/35541020; see Appendix, Sections C and D for map of districts.

[129] Greg LaRose, Residential Expansion Ban Stays in Place Near Tulane, WDSU News (Aug. 6, 2020), https://www.wdsu.com/article/residential-expansion-ban-stays-in-place-near-tulane/33538785.

[130] Greg LaRose, New Orleans Council Makes Permanent Zoning Law Change to Limit ‘Doubles to Dorms’ Spread, WDSU News (updated Oct. 8, 2021), https://www.wdsu.com/article/new-orleans-council-makes-permanent-zoning-law-change-to-limit-doubles-to-dorms-spread/37909940; New Orleans, La., Comprehensive Zoning Ordinance art. 18, https://czo.nola.gov/article-18. “The purpose of the University Area Off-Street Parking Overlay District is to preserve the neighborhoods’ residential character, existing housing types, and levels of affordability, and limiting the conversion of existing affordable, market-rate, long-term housing units for full-time residents into high market-rate housing units for exclusive short-term use, by requiring off-street vehicular parking for any increase in the number of bedrooms, for all properties located in the area . . . .” art. 18.2.Z.

[131] Jessica Williams, New Orleans City Council OK’s Rules Against Doubles-to-Dorms Conversions Uptown, NOLA.com (Oct. 9, 2021), https://www.nola.com/news/politics/new-orleans-city-council-oks-rules-against-doubles-to-dorms-conversions-uptown/article_35538c9c-2865-11ec-9404-838fbc99bcc5.html; art. 18.30.B.

[132] Williams, supra note 131.

[133] Id.

[134] Id.

[135] Id.

[136] § 26-150.

[137] See, e.g., Riegel, Critics Say New Orleans Failing, supra note 7.

[138] Id.

[139] Id.

[140] Id.

[141] Id.

[142] Id.

[143] Id.

[144] Id.

[145] Stephanie Riegel, New Orleans Adds More Restrictions to Controversial ‘Doubles-to-Dorms’ Near Uptown Universities, NOLA.com (Dec. 21, 2023), https://www.nola.com/news/business/new-orleans-has-new-rules-for-developers-near-tulane-loyola/article_fbf1a5f8-9f70-11ee-b8d2-f7927d462b96.html.

[146] § 26-150.

[147] Riegel, New Orleans Adds More Restrictions, supra note 145.

[148] “Doubles to Dorms” Fight Continues, supra note 25.

[149] Id.

[150] See H.B. 372, 2021 Reg. Sess., Official Journal Of The House Of Representatives (La. 2021).

[151] Ohlen, supra note 30 (“‘The universities have to be more engaged,’ Giarrusso said. ‘They are part of the citizen group that needs to be much louder and take more action.’”).

[152] Riegel, Tulane, Loyola Support Stopgap, supra note 6. (“Tulane is currently developing a 700-bed facility on campus, with 500 more to follow in a second phase. . . . Loyola is currently planning for construction of a new dorm to provide more ‘safe, on-campus housing.’”).

[153] Greg LaRose, WDSU Investigates: Neighbors get building permit revoked for ‘Doubles-to-Dorms’ project, WDSU News (Aug. 11, 2020), https://www.wdsu.com/article/wdsu-investigates-neighbors-get-building-permit-revoked-for-doubles-to-dorms-project/33567937.

[154] Id.

[155] Id.

[156] Id.

[157] Id.

[158] See Hardie, supra note 13.

[159] Greg LaRose, Neighbors Get Building Permit Revoked, supra note 153.

[160] Greg LaRose, Judge Backs Pulling Permit, supra note 5.

[161] “Doubles to Dorms” Fight Continues, supra note 25. The current definition reads, “Demolition means any of the following actions occurring within a five-year period to a building in a historic district: (1) The structural removal, obscuration, or increase in height of any exterior wall altering more than 50 percent of the total exterior structure, or the restructuring of more than 50 percent of the structure’s exterior wall area; (2) The removal, alteration, or obscuration of more than 50 percent of the existing roof structure measured in plan view; (3) The removal, alteration, or obscuration of more than 25 percent of the historic materials, as determined by HDLC staff, on the primary façade; or (4) The raising of an existing building to create habitable space that complies with the ceiling height requirements set forth in section 26-196.” § 84-22.

[162] E.g., Town of Carrollton Watch, Facebook, https://www.facebook.com/CarrolltonWatch (last visited Mar. 18, 2024); About Us, Maple Area Residents of New Orleans, https://www.maplearearesidents.com/about-us (last visited Feb. 23, 2025).

[163] Stop Doubles to Dorms, supra note 3. (“Alert your friends and area residents of the threat posed by the D2Ds and ask them to send emails to the council at the addresses below.”). The organization also sells yard signs to promote awareness of the threats posed by D2Ds (such as the one pictured in Appendix, Section A), and the proceeds of the yard signs are used to fund the organization’s efforts. Id.

[164] Leah Clark, Tulane to Open Two New Dorms; Part of $185M Project to Bring More Students on Campus, NOLA.com (Jul. 31, 2023), https://www.nola.com/news/education/tulane-to-open-two-new-dorms-part-of-185m-project-to-bring-more-students-on-campus/article_f1f43f1c-218e-11ee-adb9-7774a08f1377.html.

[165] Before any of dorms in The Villages were completed, Tulane had 4,074 residential beds on campus, and a student population of 8,785 undergraduates. Id.

[166] “‘The whole purpose of this is to bring students back on campus,’ said Tulane University President Michael Fitts during a tour of the new residence halls Thursday.” Id.

[167] Id.

[168] Patrick J. Davis, Gift from Avron and Wendy Fogelman Will Create Fogelman Hall in Tulane’s New Residential Village, Tulane Univ. (Dec. 13, 2021), https://news.tulane.edu/pr/gift-avron-and-wendy-fogelman-will-create-fogelman-hall-tulanes-new-residential-village.

[169] E-mail from James Porter, Vice President, Student Affairs & Tim Lempfert, Exec. Dir., Housing & Residence Life to First-Year Tulane Students (Feb. 15, 2024), https://t.e2ma.net/webview/32yv6h/12bbb59d2bcfd2003c35198fd41e10a3; Tulane Neighborhood News, Tul. Univ. Gov’t & Cmty. Rels., Mar. 2024, https://governmentrelations.tulane.edu/sites/default/files/2024-03/2024_March_NeighborNews.html.

[170] Email from James Porter, supra note 169.

[171] Id.

[172] Residency Requirement and Commuter Student Policy, Loyola Univ. New Orleans, https://studentaffairs.loyno.edu/res-life/resources/residency-requirement-commuter-student-policy.

[173] Tulane Neighborhood News, supra note 169.

[174] E-mail from James Porter, supra note 169.

[175] The term “town and gown” refers to the relations “between the residents of [a college] town and the students and faculty associated with the school. . . . The gown in this expression alludes to the academic robes traditional in British universities.” Town and Gown, Dictionary.com, https://www.dictionary.com/browse/town-and-gown (last visited Mar. 5, 2025).

[176] Frierson, supra note 46, at 501.

[177] Id.

[178] Id.

[179] Id.

[180] See discussion supra Section IV(A).

[181] See discussion supra Section III(A).

[182] See Appendix, Section E for a map of D2D conversions in New Orleans.

[183] See supra notes 129–140 and accompanying text.

[184] While the Code itself does not provide a single definition for “commercial properties,” the City of New Orleans Historic District Landmarks Commission currently defines commercial buildings as “structures designed to accommodate uses that provides goods and services including stores, restaurants, offices, and hotels.” Guidelines for Commercial Buildings, City of New Orleans Hist. Dist. Landmarks Comm’n, https://nola.gov/nola/media/HDLC/Guidelines/11-CommercialProperties.pdf.

[185] See discussion supra Section III(B).

[186] Critics of rent control argue that regulation of the housing market tends to decrease available housing stock. See, e.g., Edward L. Glaeser et al., Why Is Manhattan So Expensive? Regulation and the Rise in Housing Prices, 48 J.L. & Econ. 331, 355-56 (describing how regulations “constrain the supply of new housing units in Manhattan”); Martin Micheli & Torsten Schmidt, Welfare Effects of Rent Control, 38 Econ. Modelling 237 (citing surveys from 1992 and 2021 in which 80-90% of leading economists agreed that rent control policies had a negative effect on housing stock). The central argument is that rent control policies escalate the risks associated with constructing new housing, thereby increasing housing demand and leading to higher prices, whereas the absence of such policies would allow an equilibrium of supply and demand. E.g., Randal O’Toole, The Planning Penalty: How Smart Growth Makes Housing Unaffordable, The Indep. Inst. (2006), https://www.independent.org/pdf/policy_reports/2006-04-03-housing.pdf; Richard A. Epstein, Rent Control and the Theory of Efficient Regulation, 54 Brook. L. Rev. 741, 767 (“Without regulation, the price would rise, the demand would ease, and the supply would increase until the market was back in equilibrium.”). Another relevant concern is that rent restrictions may reduce the quality of housing stock, as landlords may attempt to recoup losses by cutting back on maintenance. See, e.g., Robert P. Albon & David C. Stafford, Rent Control and Housing Maintenance, 27 Urb. Stud. 233, 236 (1990) (“The above analysis leads us to the conclusion that the rice-taking landlord will allow maintenance expenditures to fall, perhaps to zero, in response to a control on rental revenue below the equilibrium level.”)

            Meanwhile, critics of housing vouchers argue that these programs undermine and destabilize communities, instigating quality-of-life issues, decreasing the tax base for city governments, and stifling opportunities for economic advancement by the poor. E.g., Howard Husock, Let’s End Housing Vouchers, 10 City J. 84 (2000), https://www.city-journal.org/article/lets-end-housing-vouchers. Even proponents of voucher programs have stressed the difficulty of enforcing legal protections for voucher holders. See, e.g., Robbie Sequeira, Some States Protect Section 8 Renters, But Enforcement is Elusive, Louisiana Illuminator (July 23, 2023), https://lailluminator.com/2023/07/23/some-states-protect-section-8-renters-but-enforcement-is-elusive (“[Laws preventing discrimination against voucher recipients] form a strong foundation for tenants, experts say, but they can take years to make an impact and are often difficult to enforce.”); Daniel Teles & Yipeng Su, Source of Income Protections and Access to Low-Poverty Neighborhoods, Urb. Inst. (Oct. 18, 2022), https://www.urban.org/sites/default/files/2022-10/Source%20of%20Income%20Protections%20and%20Access%20to%20Low-Poverty%20Neighborhoods.pdf.  

[187] See supra notes 115–20 and accompanying text.

[188] Gupta et al., supra note 122 (“The initial drop in tax revenue during the conversion phase is more than compensated by the increase in tax revenues once the apartment property is stabilized. . . . [A]n office conversion is an investment in future tax revenue.”).

[189] See O’Toole, supra note 186.

[190] See E-mail from James Porter, supra note 169.

[191] Econsult Solutions, Inc., A Force for Good at the Local, Regional, and Global Levels: The Economic and Social Impact of Tulane University, Tulane Univ. (Aug. 22, 2019), https://president.tulane.edu/sites/default/files/Tulane%20University%20EIS%20Report%20%202019-08-22%20Final.pdf.

[192] Student Resources, Tulane Univ. Gov. & Cmty. Rels., https://governmentrelations.tulane.edu/student-resources.

[193] A Guide to Living Off-Campus, Tulane Univ. Gov. & Cmty. Rels., https://governmentrelations.tulane.edu/sites/default/files/2024-11/off_campus_guide_2024.pdf.

[194] Tulane Univ. Office of Student Conduct, The Tulane University Code of Student Conduct (2023), https://conduct.tulane.edu/sites/default/files/2023-2024%20Code%20of%20Student%20Conduct%202.pdf.

[195] For example, Vanderbilt University’s student handbook includes a “Good Neighbor Policy” stating, “All students living in an off-campus residence who engage in behavior or allow guests to engage in behavior that interferes with a neighbor’s enjoyment of their property, becomes a nuisance to the community, or violates local ordinances may receive a warning that continued acts will be subject to corrective action. . . . In addition to sanctions assigned by Student Accountability, Community Standards and Academic Integrity, residents found responsible for violating the Good Neighbor Policy may be restricted from living off-campus in future years.” Student Behavioral Policies, Vanderbilt Univ. Student Handbook, https://studenthandbook.vanderbilt.edu/student-behavioral-policies.

[196] O’Toole, supra note 186, at 43–45 (“These rules have added tens of thousands of dollars to the median cost of housing in more than one hundred metropolitan areas and hundreds of thousands of dollars to the median cost of housing in nearly fifty metropolitan areas. . . . These costs are far greater than any possible benefits from such planning.”).

[197] Id. (“Growth management goes far beyond this purpose and uses zoning to try to socially engineer utopian changes in urban areas. . . . [H]omeowner associations and protective covenants can provide the benefits of neighborhood zoning without the risks of utopian social engineering.”).

[198] Campanella, Cityscapes of New Orleans, supra note 24, at 119.