City Crime & Policy Brief

Proposed carve-outs to middle housing in Phoenix historic areas

Proposed carve-outs to middle housing in Phoenix historic areas

Historic Neighborhood Exemption Fight

Phoenix’s Historic District Carve-Outs in Middle Housing Policy: New Developments and Critical Implications

Phoenix’s ongoing urban evolution continues to spark intense debate over how best to balance the preservation of its rich cultural and architectural heritage with the urgent need to expand affordable, inclusive housing options. Recent legislative efforts, city-led initiatives, and emerging legal conflicts reveal a city at a crossroads—struggling to reconcile the desire to protect historic neighborhoods with the imperative to foster equitable growth.

The Core Controversy: Preservation vs. Housing Equity

At the heart of this debate is a proposed bipartisan bill currently advancing through the Arizona Legislature. This legislation seeks to exempt certain designated historic neighborhoods from state and local middle housing density mandates, effectively carving out these districts from efforts to increase density. If enacted, it would restrict or prohibit dense multi-family developments—such as duplexes, triplexes, and other affordable housing types—in these historic districts.

Supporters of the carve-outs argue that such measures are essential to prevent overdevelopment that could compromise architectural integrity and neighborhood character. They warn that unchecked density could lead to gentrification and displacement, threatening the cultural fabric that makes Phoenix’s historic districts unique. Heritage organizations emphasize respect for historic character, urging policymakers to prioritize conservation over density expansion.

Opponents, including housing advocates, urban planners, and fair-housing attorneys, contend that excluding historic districts from density policies hampers efforts to address Phoenix’s housing crisis. They assert that integrating these neighborhoods into broader density frameworks is vital for reducing urban sprawl, increasing land-use efficiency, and creating diverse, accessible communities. Without such integration, socio-economic divides may deepen, leaving lower-income residents behind and undermining social equity.

Adding a legal dimension, Arizona Attorney General Kris Mayes and 23 other state attorneys general have raised concerns about the legislation’s potential conflicts with federal fair housing laws. They warn that carve-outs could undermine efforts to promote integrated communities and invite costly legal challenges, highlighting the delicate legal balance policymakers must navigate.

Recent City and Regional Responses Supporting Density and Affordability

While legislative debates unfold, Phoenix is actively pursuing measures to advance density, affordability, and urban vibrancy:

  • November’s Middle Housing Ordinance: The city unanimously approved a policy encouraging duplexes, triplexes, and other affordable housing types across most neighborhoods. This initiative aligns with state laws promoting increased density and diversity, signaling a shift toward modern, inclusive zoning aimed at mitigating persistent housing shortages.

  • South Phoenix Rezoning Efforts: The Planning Commission has recommended rezoning initiatives to facilitate multifamily and mixed-use developments, especially in underserved areas. These efforts aim to reduce urban sprawl, improve walkability, and bring amenities closer to residents, fostering vibrant, accessible neighborhoods.

  • Transportation, Infrastructure, and Planning (TIP) Subcommittee: During a February 18, 2026 meeting, city planners emphasized the importance of aligning infrastructure investments with housing policies. Discussions included improving transit connectivity, expanding bike and pedestrian infrastructure, and ensuring equitable service distribution—all critical to support and sustain dense development.

  • Regional Affordable Housing Commission: On February 20, 2026, regional planners discussed initiatives such as infill overlay zones designed to accelerate housing development within existing urban areas. These strategies aim to boost housing supply and promote land-use efficiency, complementing city efforts and fostering regional cooperation.

  • Downtown Affordable Housing Project: A major new development in downtown Phoenix has broken ground, offering 237 units targeted at low- and moderate-income residents. This project seeks to revitalize the urban core, promote walkable, mixed-use environments, and serve as a model for inclusive growth.

Addressing Homelessness and Long-Term Housing Needs

Amidst the density and preservation debates, Phoenix remains committed to tackling homelessness through innovative, community-centered strategies:

  • New Long-Term Homeless Housing Community: Recently opened, this supportive housing project provides permanent housing with integrated support services, aiming for stability and community reintegration. Community voices like Maria Lopez, a Valley mother, have expressed gratitude, emphasizing the role of organizations such as A New Leaf in helping families navigate health crises and secure safe environments.

  • Shelter-to-Permanent Conversion Initiatives: The city is repurposing emergency shelters into long-term, family-oriented housing units, addressing urgent needs for stable living environments. This approach reduces reliance on transient shelters and provides families with consistent, safe spaces to rebuild their lives.

  • Comprehensive Homelessness Action Plan: Unveiled in February 2026, this detailed strategy highlights expanding affordable housing, enhancing supportive services, and innovating planning efforts to combat homelessness effectively.

  • Community Engagement and Outreach: Programs like "Stories of the Street" aim to humanize unhoused residents, fostering empathy and support for equitable housing policies. Leaders such as Sreevarenya Jonnalagadda of André House emphasize resilience and social justice, urging policymakers to respect heritage while addressing community needs.

Emerging Policy and Legal Flashpoints

Recent developments have introduced new complexities to Phoenix’s housing and social policies:

  • Legal Challenges to Sleeping Pods for the Unhoused: Despite their role as innovative solutions providing dignified shelter, local ordinances are threatening their legality. This could lead to legal battles and possible dismantling, underscoring tensions between public safety, zoning laws, and humane outreach.

  • Statewide Camping Ban Reintroduced in the House: The House Judiciary Committee advanced a bill on February 21, 2026, that criminalizes camping or storing personal belongings in public spaces. Critics warn that such legislation risks criminalizing homelessness, hampering outreach efforts, and undermining humane approaches to managing homelessness.

  • Proposed Ban on Mobile Homeless ID Kiosks: Although not yet officially introduced, discussions suggest potential restrictions on mobile ID services that enable unhoused individuals to obtain or update identification documents. These services are crucial for accessing housing and social services, and restrictions could exacerbate barriers faced by vulnerable populations.

Market and Regulatory Context

Several market and regulatory factors influence Phoenix’s housing landscape:

  • Falling Home Prices: Recent data shows that Phoenix home prices are decreasing more sharply than in nearly any other Western city. While this trend might temporarily ease affordability pressures, it also creates uncertainties for developers and investors, potentially delaying projects. The slower market necessitates reassessment of development strategies, but may also offer opportunities for long-term planning.

  • Regulation of Short-Term Rentals: A recent Arizona bill limiting problematic short-term rentals has passed a House committee, aiming to reduce illegal or poorly managed units. This legislation is expected to free up long-term housing stock and shift market incentives toward more permanent, affordable options.

  • Rejection of Larger Backyard 'Casitas': An Arizona House panel recently rejected a proposal allowing larger backyard 'casitas'—small auxiliary dwellings—to be built closer to neighbors. This decision limits expanding small-scale affordable units, which could otherwise help alleviate shortages and offer flexible, cost-effective housing solutions.

  • Legal Challenges to Inclusionary Zoning: Policies requiring developers to include affordable units, such as inclusionary zoning ordinances, have faced legal challenges elsewhere. A notable case in Cambridge questioned such laws as overstepping property rights, highlighting the fragility of policies aimed at increasing affordable housing and the importance of careful legal framing.

Current Status and Future Outlook

The legislative process remains pivotal. If the carve-out bill passes as drafted, density restrictions in historic districts could be significant, potentially preserving neighborhood character at the expense of housing availability. Conversely, revisions or rejection could balance preservation with growth, though housing shortages will continue to pose challenges.

Phoenix’s future depends on crafting nuanced, legally sound policies that respect historic preservation while fostering inclusive, dense communities. The city's recent actions—both supportive and restrictive—reflect an ongoing effort to navigate these competing priorities.

Broader Implications

Phoenix’s experience underscores a universal urban challenge: how to harmonize heritage conservation with growth and social equity. Its multi-pronged approach, combining community engagement, innovative housing projects, infrastructure investments, and regional cooperation, could serve as a model for other expanding cities.

The upcoming months will be decisive. Legislative outcomes, legal battles, and community responses will shape whether Phoenix can successfully balance its historic identity with its growing population. The city’s capacity to develop balanced, legally grounded policies will be critical in maintaining social cohesion, economic vitality, and cultural integrity.

New Perspectives from Homelessness Research

In addition to legal and policy debates, scholarly insights emphasize that homelessness is fundamentally a housing supply issue. According to Dr. Gregg Colburn of Lewis & Clark College, homelessness can largely be addressed through increasing affordable housing stock. His research highlights that cities with more affordable housing options see significantly lower rates of homelessness, underscoring that restrictive policies or carve-outs that limit density may inadvertently exacerbate homelessness.

This perspective suggests that preservation efforts should be balanced with proactive strategies to increase housing availability. Recognizing homelessness as a housing supply problem encourages integrated policy solutions: protecting historic neighborhoods while expanding density and affordable units to meet the demand.


In summary, Phoenix’s current trajectory reflects a complex interplay between heritage preservation, housing affordability, and social justice. The outcome of legislative debates, legal challenges, and community initiatives over the coming months will determine whether the city can successfully reconcile these priorities or face ongoing struggles to maintain its identity while ensuring equitable growth.

Sources (15)
Updated Feb 26, 2026
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