In the United States, Build to Rent ("BTR") refers to subdivisions of attached or detached single-family homes that are rented out by a management company, similar to the way apartment complexes are managed. Despite their increasing popularity, BTR homes make up only a small fraction of the housing market, with approximately 90,000 single-family homes spread across around 720 BTR communities nationwide. However, with over 100,000 more homes under construction, there is mounting hostility and backlash towards the BTR trend, as municipalities aim to limit or ban them.
When meeting with municipal staff in the early stages of planning a new single-family detached subdivision, developers or builders are often questioned about the intended end user. Questions such as, "Will this be a BTR community?" and "Are you willing to commit to banning BTR within the subdivision?" are common. The underlying message is that any attempt to introduce BTR developments within the municipality is unwelcome.
Indeed, a sampling of headlines from across the U.S. supports the notion that municipalities are not hesitant about expressing their intentions to ban BTR developments. For instance, several towns and counties in Georgia have enacted laws that heavily restrict or outright ban BTR. In North Texas, some jurisdictions have relegated BTR sites to secondary access roads, away from high-profile locations. In Alabama, a municipality is considering a proposal that would require developers to disclose if more than 20 percent of the homes they are building would be leased. These examples illustrate how the stigma surrounding BTR communities plays out in local jurisdictions nationwide.
Traditionally, local land use regulations have not addressed the issue of ownership. Banning rental occupancy risks violating legal protections because it significantly restricts property rights and may discriminate against protected classes who are more likely to rent than own. Courts in North Carolina and New Jersey have ruled that owner-occupancy requirements violate their state constitutions. Similarly, in Georgia, bipartisan legislation was introduced to protect BTR communities. Although the legislation did not come to a vote, its intent was clear: the state's zoning powers do not include regulating ownership.
Community members and city officials often associate renting with apartments, a viewpoint that connotates negative associations with rental properties. However, BTR offers a unique advantage by bridging the gap between traditional apartment complexes and for sale single-family homes.
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