I. INTRODUCTION: THE MOST MASSIVE HOUSING PROGRAM IN HISTORY
In August 1968—just months after announcing he would not run for reelection—President Lyndon Baines Johnson again demonstrated his legislative mastery by winning congressional approval for the Housing and Urban Development Act of 1968. The omnibus housing bill, the president proclaimed to a nation beset by the urban crisis, provided a “Magna Carta to liberate our cities.” It was, he declared, “the most farsighted, the most comprehensive, the most massive housing program in all American history.”Footnote 1
No one could argue this last point. The new law set a target of building six million homes for low- and moderate-income families within ten years—an enormous increase in production intended to replace every slum dwelling in the country. To accomplish this formidable task, the act provided three new programs for low-income Americans: one for rental housing, one for home ownership, and one to finance housing development ventures. The bill carried a gargantuan price tag: $5.3 billion for the first three years and an eventual estimated cost of $50 billion. With such sweeping purpose and immense cost, the 1968 act would significantly expand the American welfare state.
Just as noteworthy were the means by which the 1968 law aimed to achieve its breathtaking goals. The goal of the 1968 act, explained Johnson, was “the deeper involvement of the private sector” in housing policy. This meant turning away from public housing, the nation's principal social-welfare housing program since it began under Franklin Roosevelt's New Deal. In the public housing program, government agencies developed, owned, and managed dwellings, which they rented to low-income people. Unlike government-run public housing, the programs in the 1968 act would use private for-profit and nonprofit companies to provide homes for the poor.Footnote 2
The perception of a failed policy and the onset of a national crisis propelled this turn to the private sector. The sluggish performance of the public housing program had frustrated leading liberals, including reformers who had helped create the program. In response, Robert Weaver, the nation's top housing official under John Kennedy and Lyndon Johnson, not only initiated reforms to the public housing program, but also began to subsidize nonprofit and limited-dividend companies to produce and manage low-income housing.
When violence convulsed the nation's inner-city neighborhoods, however, it created a critical juncture in policy. Weaver's boss, President Johnson, felt obliged to offer bolder programs to save America's cities. Seizing on the growing willingness of business executives to help America's disadvantaged and thereby share the cost of social programs, LBJ proclaimed a new era of government-business cooperation. He created a blue-ribbon commission dominated by corporate America to help his administration devise programs to rebuild America's slums. The president then persuaded Congress to sweep aside the measured proposals of his political rivals and adopt his massive private-sector housing bill.
The Housing and Urban Development Act of 1968 changed the trajectory of American housing policy. Before the 1968 act, the public housing program produced most of the subsidized low-income housing in the United States. After 1968, courtesy of locked-in political support that has been difficult to reverse, the act's private-sector programs surpassed the public housing program in producing low-income dwellings, as did subsequent private-sector housing programs. Today the private sector develops almost all subsidized low-income housing in the United States.
The 1968 law also transferred primary responsibility for social welfare housing to for-profit businesses. In keeping with the ideological traditions that produced public housing, Weaver's first private-sector social housing programs emphasized the role of nonprofit and cooperative housing developers. The 1968 law similarly called on nonprofit and cooperative entities, but, in contrast, it also solicited for-profit companies to develop and manage low-income housing, although its authors were divided on whether small or large businesses were best. Here too Johnson's housing bill initiated a permanent shift in policy. Since the 1968 housing programs were implemented, private enterprise has produced the overwhelming share of subsidized low-income housing in the United States.
Finally, the approach to domestic policy embodied in the 1968 law helped usher in the era of “public-private partnerships,” in which government agencies worked with nongovernment, including for-profit, entities to carry out programs of social betterment. LBJ celebrated the recruitment of the private sector to execute social welfare programs as a great innovation, hailing the 1968 housing law and similar initiatives as “a new partnership between business and Government.”Footnote 3 In fact, government-business partnerships were hardly new, but the enthusiasm for funding businesses—rather than government or nonprofit agencies—to implement social welfare policy was novel.
Regardless of its originality, the concept of public-private partnerships in urban policy proved to be ideologically protean. On the one hand, Johnson's idea—government agencies working in tandem with business interests toward social welfare goals—took hold in America's big cities. On the other hand, later American presidents invoked public-private partnerships to restrain federal spending and shed social programs to the private sector, a far cry from LBJ's vision of expansive government in the cause of social justice. In either case, the 1968 housing act promoted the idea that business was better suited to carry out social programs and hence contributed to the neoliberal policies that came to dominate the American polity.
Despite its importance in the development of American social policy, the Housing and Urban Development Act of 1968 has received relatively little attention from scholars. Some housing historians and experts have noted the law's role in redirecting American low-income housing policy toward the private sector, but neither historians nor social scientists have studied the historical causes of this shift or its influence on broader social policy in the United States.Footnote 4 Perhaps because they have tended to focus on areas other than housing and urban policies, few students of the welfare state have examined the origins of the public-private partnership as a policy concept. In recent years scholars have studied the hidden influence of business in providing welfare benefits in the United States; however, they have neglected the moment when LBJ loudly and publicly invited business to carry out housing and urban social programs.Footnote 5
This history illuminates the nature of the American welfare state, an elusive subject that scholars continue to probe. Over the years many observers have perceived the United States as backwards in providing social welfare, especially compared to European nations where central governments largely controlled social welfare benefits. Recently, students of the subject discovered that the United States developed a variety of alternatives to state-controlled welfare programs—such as employer-based health-care plans and tax expenditures—to produce an ample, if unequal, system of welfare distribution. More particularly, scholars have traced the American government's use of nonprofit organizations to deliver social and community services, a trend that also occurred across the Atlantic.
The history of housing and urban policies in the late-1960s sheds further light on the distinctiveness and complexity of the American welfare state. It reveals a highly decentralized, pluralistic, and redundant approach that delegated responsibility for social housing to diverse agents: nonprofit entities, for-profit firms, as well as traditional public housing authorities. Strikingly, the politically liberal supporters of the 1968 law were comfortable with private enterprise carrying out social programs, an indication of the influence of pro-business sentiments on social policy in the United States. The public-private housing and urban development projects were unique and open-ended, unlike the kind of planned and controlled process that might be expected in a European context. Nonetheless, for all their irregularities and inefficiencies, the social welfare policies set in motion by the Housing and Community Development Act of 1968 proved to be flexible and highly productive.
II. EXPANDING GOVERNMENT THROUGH COLLABORATION
Despite the persistent myth of a weak American state, the powers of the U.S. government have expanded in myriad ways. Since the late nineteenth century, the federal government frequently extended its reach by carrying out programs in conjunction with other parties. Starting with the passage of legislation for land grants for agricultural and industrial education, especially the second Morrill Act of 1890, the federal government introduced grants-in-aid as a way to induce state or local government agencies to participate in schemes for vocational education, road building, and public health, including antivenereal disease campaigns and maternal and child health clinics. The New Deal drastically expanded the method of federal matching grants to the states for highway and public assistance and relief. During Johnson's Great Society, the number of federal grants-in-aid exploded to encompass a vast array of activities: antipoverty measures; aids to education; new provisions for health care—including treatment for drug and alcohol abuse—support for humanities and the arts; mass transit, and even highway beautification.Footnote 6
The federal government's most frequent collaborator in these types of joint ventures was another body of government. For most of the twentieth century, the federal government sent grants-in-aid to state governments and their agencies. To help the unemployed, for example, Roosevelt's Federal Emergency Relief Administration issued matching grants to state agencies, even though some lacked the capability to hand out relief. In fighting the War on Poverty, Johnson administration officials often bypassed state governments, which previously had dispensed most federal program funds, out of fear that state officials would not implement programs for the poor or enforce civil rights laws. Instead, they funneled federal grants to alternative public jurisdictions: city government departments, school districts, special function districts, and Model Cities agencies, which the federal government had called into existence. As a result of LBJ's initiatives, the federal government was able to exert an unprecedented scope and scale of influence over state and local government agencies.Footnote 7
Federal monies for domestic policies also flowed outside the public sector to nonprofit organizations. From the New Deal onward, federal public works projects benefited nonprofit organizations, as well as local government institutions. Roosevelt's Public Works Administration and the Works Progress Administration, for example, built nonprofit hospitals during the Depression. During World War II, the Community Facilities Act of 1941 funded construction of schools and hospitals, and after the war the Hill-Burton Act of 1946 enabled federal grants-in-aid for hospital construction. Besides subsidizing construction projects, some government social programs provided financial assistance to nonprofit service providers. The engine of LBJ's war on poverty, the Office of Economic Opportunity, for example, used such programs as Head Start, Job Corps, and Community Action to fund nonprofit educational job training and community organizations.Footnote 8
III. GOVERNMENT, PRIVATE ENTERPRISE, AND SOCIAL POLICY
By the late twentieth century the federal government also operated countless programs for and in conjunction with private for-profit businesses to assist businesses, stimulate economic development, and regulate economic activity. From the earliest days of the Republic, government officials granted special charters and monopolies to businesses—including mills and waterworks—that they believed provided needed public services and gave subsidies to encourage certain business activities, such as building canals and railroads. During both wartime and peacetime, the U.S. government contracted with private businesses to provide not only military goods but also mail and freight services. As the federal government expanded, so did the amount of government contracting, although it usually constituted a temporary hiring, not an ongoing collaboration.Footnote 9
Sometimes the federal government created special-purpose private corporations—the Emergency Fleet Corporation during World War I and the New Deal's Tennessee Valley Authority, for instance—to perform work that neither the private sector nor existing government agencies were equipped to do. At other times the federal government created or funded entities that provided funds to for-profit companies to undertake such activities. During the Great Depression, for example, the federal Reconstruction Finance Corporation lent money to private companies to stimulate economic activity.Footnote 10
Most government programs that made use of for-profit businesses were not social welfare programs per se. The proponents of social reform took little interest in promoting businesses and economic development. To the contrary, moral and social reformers often aimed to suppress commercial practices of which they disapproved. In the nineteenth and early twentieth century, supporters of temperance worked to limit or eliminate the alcohol industry, whereas Progressive-era reformers worked to stop employers from hiring children. When reformers did utilize businesses to meet social welfare goals, it was generally by means of coercion. Through the Social Security Act of 1935, the landmark social welfare legislation of Roosevelt's New Deal, for example, the government forced business owners to help fund unemployment and old age insurance programs.
Hence, until the late twentieth century, the federal government did not usually pay private for-profit companies to carry out social welfare programs. In general, federal agencies themselves ran programs in domestic policy areas that for-profit businesses either ignored, such as providing for the poor, or were unable or unwilling to enter, such as building highways or investing in economically depressed areas. In such cases, federal officials generally either carried out the activity themselves or contracted some portion of the work to private companies. In the New Deal's public-works programs, the government did both, as government officials alternated between directly managing projects and contracting them out.Footnote 11
The postwar policy of urban redevelopment used public-private collaborations in the name of improving slums, although in practice most of the projects were aimed at raising the status and economic value of the chosen sites. Title I of the Housing Act of 1949 allowed the federal government to distribute funds to state-chartered urban redevelopment agencies to acquire and clear blighted areas, which the agencies then turned over at reduced cost to private real estate developers to rebuild. Early urban redevelopment projects often included housing—sometimes public housing but more often privately developed moderate-income housing. The 1949 law did not require construction of social housing of any sort, however, and the urban renewal amendment of 1954 gave redevelopers even more leeway. As a result, urban renewal soon became a vehicle for creating luxury housing, commercial complexes, office buildings, and civic centers. Instead of furthering social welfare, urban renewal was frequently antithetical to the interests of low-income people, especially those whose homes it destroyed. Nonetheless, some liberals believed that removing substandard homes would improve the lives of the urban poor and continued to support urban renewal.Footnote 12
Over time the government adopted various other hybrid arrangements in which it used for-profit companies to help fulfill a social goal but retained responsibility for implementation. Some of these arrangements involved government contracting, others subsidized particular activities in the name of social goals, and many combined elements of such relationships in ways that make them hard to categorize. Many of LBJ's programs blurred the boundaries. In the 1965 Medicare program, for example, the government functioned as an insurance agency for retired Americans, but at the outset it farmed out administration to the large nonprofit company Blue Cross/Blue Shield while paying doctors and hospitals for their services.Footnote 13
IV. THE IDEA OF PARTNERSHIP IN FEDERAL GOVERNMENT PROGRAMS
The expansion of government authority by dividing it among different agents has obscured the nature and extent of governance in the United States. Indeed, the mechanisms for domestic social programs have been so bewilderingly complicated as to constitute, in the words of sociologist Elisabeth Clemens, a “Rube Goldberg welfare state.” Analyzing the trend toward divided or delegated governance, many social scientists characterized and often decried the resulting forms of government as the “hollow state,” “shadow bureaucracy,” and “government-by-proxy.” Footnote 14
Twentieth-century American presidents looked on the government's complex federal programs more favorably than scholars have. Seeking to allay fears of an imperious Washington, they described the collaborative arrangements between the federal government and other entities as “partnerships.” In his Second Fireside Chat delivered in May 1933, Franklin Roosevelt drew an analogy between New Deal legislative proposals and joint-business ventures. The bills to regulate farms and railroads and through the National Industrial Recovery Act to impose production and price controls, he asserted, represented partnerships—not a “partnership in profits” as in a business proposition, FDR explained, but “rather a partnership in planning” and implementation.Footnote 15 On other occasions Roosevelt used the term to define programs in which the federal government collaborated with state and local governments, such as the Civil Works Administration's jobs project, or private institutions and organizations, including social work agencies and voluntary art committees. Instead of a socialistic takeover, the partnership idea suggested a mutual agreement between equals.Footnote 16
Roosevelt's successors of both parties also justified programs that expanded federal influence as partnerships. Democratic president Harry Truman applauded the partnerships between federal agencies and state and local governments that built a dam in Kentucky, constructed the nation's highways, and established community hospitals.Footnote 17 Republican president Dwight Eisenhower commended such partnerships as a barrier to federal government bureaucratic domination. In “cases where Federal participation is necessary,” Eisenhower proclaimed in 1954, his administration would “develop partnerships rather than an exclusive and often paternalistic position for the Federal Government.”Footnote 18
Presidents John F. Kennedy and Lyndon B. Johnson were more enthusiastic, invoking partnerships to embrace the expansion of federal authority. Both men extolled the federal collaborations with other government bodies and private citizens to promote economic development, agriculture, irrigation projects, vocational training, social welfare programs, transportation, and so on.Footnote 19
Kennedy and Johnson singled out a particular type of partnership between government and private businesses. In a 1961 speech to Congress, Kennedy praised the depression-era Federal Housing Administration mortgage insurance and the postwar Veterans Administration mortgage guarantees as “a partnership between industry and government.” Two months after he took office in November 1963, Johnson referred to the same programs as “the long-established partnership between private industry and Government in housing and community development” that had “made possible good housing and widespread home ownership for millions of our citizens.” Of the many public-private collaborations that had sprouted in the United States, it seemed, some of the most successful examples could be found in the housing field.Footnote 20
V. THE TWO TRACKS OF AMERICAN HOUSING POLICY
Federal housing policies adopted during the twentieth century ran the gamut of types of government intervention but generally followed two separate tracks.Footnote 21 During the Great Depression, government officials created several agencies and programs dedicated to reviving the ailing private housing industry. To aid private building and loan societies, Herbert Hoover in 1932 signed the law creating the Federal Home Loan Bank Board (FHLBB) and its regional banking system. To rescue mortgage lenders and home owners from rampant foreclosures, Roosevelt's New Deal administration in 1933 set up the Home Owner's Loan Corporation. To revive the housing industry by reducing financial risks to private lenders, the National Housing Act of 1934 established the Federal Housing Administration (FHA), which issued mortgage insurance, and (in 1938) the Federal National Mortgage Association (FNMA or Fannie Mae), which would purchase and sell the FHA-insured mortgages and assist the secondary-mortgage market. Taken together, these schemes created a lasting policy of buttressing the for-profit production and finance of housing.
Avidly courted by housing industry trade associations and supported by sympathetic members of Congress, the panoply of agencies and programs greased the machinery of private enterprise to stimulate the national economy and to help middle- and upper-middle-class Americans become home owners. In the postwar period the industry-oriented housing policies of such agencies as the FHLBB and the FHA enjoyed unchallenged political success. Supported at the grassroots level by small builder, broker, and lender businesses and nationally by trade associations and powerful congressional supporters, these federal housing agencies became as accepted a part of the landscape as the sprawling suburbs that they helped create. Their programs, like the “hidden” social policies in health care and social security, chiefly benefited better-off Americans.Footnote 22
Roosevelt's New Deal, however, also inaugurated a social welfare branch of housing policy to help low-income Americans. Its main program, public housing, was the result of a campaign by housing reformers, including social workers and labor leaders, to rescue the inhabitants of the slums by placing them in “decent, safe, and sanitary” homes.Footnote 23 The Roosevelt administration and Congress first introduced public housing in 1933 as part of the Public Works Administration (PWA). In the PWA public housing program, officials in Washington developed housing projects in local communities, but this centralized method ran afoul of the judiciary's understanding of the prerogatives of state and local governments.
After that effort reached a dead end, the president and the national legislature agreed in 1937 to establish a permanent public housing program. To avoid such constitutional issues, the authors of the 1937 act divided responsibility between the federal government and local government agencies known as housing authorities, which had responsibility for choosing sites and building and managing low-income housing projects. The federal government picked up almost the entire tab for construction of housing projects and thus freed the local housing authorities to charge low rents, which were to pay for the maintenance of the projects. The permanent public housing program was far more generous than European social housing programs and therefore, according to historian Gail Radford, “was in some respects the most radical aspect of the New Deal.”Footnote 24
The opposite of a partnership with business, the public housing program was built on the principle of government construction, ownership, and management. Private companies were hired to build the housing communities, but only as contractors who had no say over the development or management of the projects. This was not coincidental: Progressive Era and New Deal reformers aimed to correct the inequities—or, in a later generation's term, “failures”—of the private market. Moreover, public housers, as the advocates of public housing called themselves, despised the private housing industry for building and profiting from America's slums.Footnote 25
The feeling was mutual. The lenders, builders, and brokers who made up the housing industry could not abide public housing. They were the type of American small businesspersons who fervently supported “free enterprise,” a concept that combined ideas of economic opportunity and liberty. Moreover, during the 1940s and early-1950s, it seemed possible that the United States would enlarge the public housing program to serve masses of Americans, which would have deprived the housing industry of a substantial amount of business. To prevent such a calamity, the National Association of Home Builders (NAHB), the National Association of Real Estate Boards (NAREB), and other housing industry trade associations led national campaigns to eliminate public housing, which they labeled socialist and an unwarranted giveaway, even as they lobbied for new government subsidies for their members to carry out urban redevelopment projects. Throughout the postwar period, industry spokespeople defended government support for the FHA and the Veterans Administration mortgages while adamantly opposing any congressional appropriations for the program that they called a dangerous intrusion by government into the free market.
The public housers, however, fought back to preserve their program. In legislative battles in Congress, they could flex the lobbying muscle not only of their own groups—such as the National Housing Conference (originally called the National Public Housing Conference) and the National Association of Housing and Redevelopment Officials (NAHRO)—but also of the powerful labor unions' and mayors' organizations. In Congress, Northern liberals and Southern conservatives (as long as racial segregation was left untouched) backed the cause. Even “Mr. Republican,” Sen. Robert Taft (R-OH), sympathized with the goal of government-sponsored housing for the poor and supported public housing at key moments. Nonetheless, the running battles between the opposing interest groups ended in a political stalemate in which the public housing program survived but produced only a small fraction of the country's dwellings.Footnote 26
VI. A SENSE OF POLICY STAGNATION: PUBLIC HOUSING
The election of John F. Kennedy in 1960 seemed to augur well for public housing. Robert C. Weaver, the nation's top housing official, had been an early public houser who had helped to administer the program in its infancy. Both as administrator of the Housing and Home Finance Agency (HHFA) from 1961 to 1965 and as the first secretary of the Department of Housing and Urban Development (HUD) from 1965 and 1968, Weaver tried to strengthen public housing.Footnote 27 Lyndon Johnson was an unabashed supporter, even more so than Kennedy. LBJ liked to brag that when he was a congressman in Texas during the 1930s, Roosevelt's public housing agency awarded its first funds to a project in his congressional district. Once Johnson became president and Democrats won large congressional majorities, he helped Weaver garner significant budget appropriations for public housing in several housing acts, including the 1968 bill.Footnote 28
The problem was that by the 1960s the public housing program, never popular, had become increasingly controversial. As suburban development opened up previously white neighborhoods to African Americans, the urban working class mostly chose to live in privately owned apartments and houses. The increasing number of poor tenants in public housing reduced the rental income that paid for maintenance. As poverty increased and buildings deteriorated, especially in large cities, public housing entered a downward spiral of disorder, increasing vacancies, and further unpopularity. The most advanced case was Pruitt-Igoe, a St. Louis housing project, where—despite a multimillion rescue effort by the federal government—tenants launched a rent strike to protest living conditions. At the same time, middle-class whites and their political representatives successfully fought against situating projects in their districts. Partly as a result, housing authorities fell far short of building the number of dwellings for which Congress had appropriated funds.
As the plight of public housing worsened, many local public housing officials seemed to surrender. In the large cities, they frequently proved unable to cope with vacancies, social problems, and eventually basic upkeep of their buildings. “A spirit of lassitude and disillusionment,” a veteran public houser observed, “appears to affect the local housing authorities.” Longtime supporters, including Catherine Bauer, an author of the bill that created public housing, and Sen. Paul H. Douglas (D-IL), had come to despair of making public housing the vibrant and innovative program they had envisioned. Liberals now sought ways to renew and enhance public housing.Footnote 29
In Washington, Weaver tried to revive the program, which since the days of the New Deal had been an important piece of the nation's social welfare policy. In 1961 he appointed Marie McGuire, the former executive director of the San Antonio Housing Authority, to lead the federal Public Housing Administration and reform the system. From her first year in office, McGuire urged local housing authorities to break with their past and buy or lease existing homes for low-income families, hire private firms to manage their properties, help tenants “graduate” to home ownership, and allow commercial facilities to operate in housing projects. But the local bureaucracies resisted change. By 1964 the top agency officials were forced to admit that their pleas for innovations had failed to arouse “enthusiasm and concrete activity” among public housing officials.Footnote 30
While trying to resuscitate public housing, Weaver also tried to expand federal social housing policy through alternative approaches. Soon after taking over HHFA in 1961, Weaver proposed a new program modeled on a New York law that relied on public-purpose corporations as opposed to for-profit builders. In 1955, when he was deputy commissioner of housing for New York State, Weaver had helped implement the Limited-Profit Housing Companies Act aimed at “middle-income” families who earned too much to be eligible for public housing but not enough to afford new apartments in the private market. The law offered mortgages with interest rates below market rates to cooperative, nonprofit and limited-dividend companies—such as those formed by labor unions and veterans' organizations—to build affordable rental housing projects. Soon after taking the helm of HHFA in Washington, Weaver and his staff drafted a similar law, Section 221 (d) (3) of the National Housing Act, known as the Below-Market-Interest Rate program because of its method of subsidy. Passed in 1961, it too allowed nonprofit, cooperative, and limited-dividend companies to develop and manage rental apartment buildings for moderate-income families.
Four years later, Weaver persuaded Congress to approve a version of rental subsidies, which for decades public housers had opposed and the housing industry had supported. The federal subsidy in the Rent Supplement program helped pay the rents of low-income households in projects built or renovated by private non- or low-profit companies, such as those who had developed housing under the Below-Market-Interest Rate program. Seeing the new programs as alternatives to public housing, the National Association of Home Builders (NAHB), after initially hesitating, dropped its long-standing opposition to federal subsidies for low-income housing.Footnote 31
Starting in 1965, Weaver even began to allow what McGuire called “greater participation of the private home-building, renting, and financing industry” in the public housing program. First, the federal housing agency encouraged local authorities to lease existing homes for public housing and to share ownership of projects with local nonprofit groups. Then, in 1966, with much fanfare Weaver and McGuire unveiled the Turnkey program, in which private developers built housing projects for local public housing authorities.Footnote 32
if Weaver opened the door to for-profit developers, he nevertheless remained wary of their ability to provide good low-income housing. He restricted private industry to an auxiliary role in public housing and circumscribed their ability to earn profits in the alternative low-income housing programs. The housing chief hoped socially conscious nonprofit organizations and cooperatives would produce the bulk of new social housing.
VII. THE URBAN CRISIS COMES TO A CLIMAX
Despite Weaver's initial steps down the new policy path, the adoption of public-private social welfare programs was not inevitable. The Below-Market-Interest Rate and the Rent Supplement programs attracted few housing developers, primarily because Weaver and his staff had hedged them with regulations aimed at preventing the for-profit sponsors from earning excessive profits or producing inferior products. Hence, seven years after it was set up, the Below-Market-Interest Rate program had produced only 23,660 units. The Rent Supplement program was in worse shape, besieged by Congressional critics who feared it would promote racial integration of white neighborhoods. In 1968, three years after its establishment, the Rent Supplement program had produced only 2,800 dwellings in 119 properties. The early experiments in enlisting private sponsors of low-income housing were going nowhere and, if events had not dictated otherwise, might have continued to progress slowly or even recede.Footnote 33
It was the crisis in America's cities that turned social housing policy definitively in the direction of private enterprise. From the 1950s onward, American journalists, politicians, and intellectuals had become increasingly troubled by the state of the cities. At first they worried mainly about planning issues—such as the decline of downtowns—but over time their concerns spread to encompass a variety of social and economic problems. Then at the peak of the civil rights movement, riots broke out in African American neighborhoods and catalyzed the multiplying worries into a matter of utmost national urgency, the “urban crisis.”Footnote 34
Today it is difficult to recapture the shock and fear that these eruptions engendered among the white leaders of the United States. Beginning in 1964 with the first large outbreak in New York's Harlem and Bedford-Stuyvesant neighborhoods, the riots seemed to multiply and grow larger every year. The alarming August 1965 riot in the Watts district of Los Angeles was followed the next year by upheavals on Chicago's West Side and Cleveland's Hough neighborhood. The summer of 1967 brought unheard of levels of violence in numerous cities. The worst events occurred in Detroit, where after four days 43 people were left dead, nearly 1,200 were injured, and 2,500 stores were looted or burned. While the fires were still smoldering in Detroit, President Johnson named the National Advisory Commission on Civil Disorders—known as the Kerner Commission after its chair, Illinois governor Otto Kerner—to determine what was causing the violence and how it could be stopped.
As black inner-city neighborhoods exploded with violence during the long hot summers of the 1960s, the nation's leaders cast about in all directions for explanations and solutions. Although some called for a crackdown on lawlessness, many observers—including some who espoused a “law and order approach”—felt that deep-rooted problems were partially or mainly to blame for the violence. President Johnson condemned the violence of the 1965 Watts riot but the next year put forward the Model Cities program, which funneled diverse government resources to new community agencies, as a way of uprooting the sources of urban violence.Footnote 35
The sense of crisis created by the riots, particularly those of 1967 and 1968, precipitated the full turn toward private-sector participation in housing and urban policy. A long tradition of environmental determinism inclined Americans to see the nation's slums and ghettos as one of the principal sources of the violence. Since the nineteenth century, the belief that one's living environment can shape one's character and behavior had motivated numerous reform efforts—from public schools to housing. In 1966 both Vice President Hubert Humphrey and HUD Secretary Robert Weaver strongly condemned “the deprivations of the environment,” urging action “to heal their sickness before they explode.” Two years later, the Kerner Commission concurred with this interpretation.Footnote 36
Hence, many officials concluded that improving the homes of the lower classes—along with providing more jobs and better education—would help prevent urban violence. In the aftermath of the 1967 riots, Edward Brooke (R-MA) declared on the floor of the United States Senate that “the plainest and most pressing urban need today is housing. We do not need a study to tell us that much of the housing occupied by the poor is dilapidated, deteriorating, and dismal.”Footnote 37 Across the aisle the feeling was even stronger. “Everyone agrees,” Democratic congressman Wright Patman wrote to Johnson in August 1967, “that bad housing is one of the major causes of the social unrest and discontent. This is a time when we should be accelerating our housing programs to serve lower income families.”Footnote 38 Yet public housing, America's long-standing program to serve low-income families, seemed incapable of accelerating production.
VIII. THE NEW POPULARITY OF BUSINESS
If not public housing, what then would provide impoverished Americans the new homes they seemed to need so desperately? American businesses, the nation's leaders concluded, would answer the problems of ghetto poverty. Several trends led to government officials to decide that private enterprise could be an engine of social justice and urban revival.
To begin with, federal officials had long deferred to large-scale businesses in the interest of promoting economic growth. The Eisenhower, Kennedy, and Johnson administrations each cultivated institutional relationships with corporate leaders, and, despite an occasional burst of anti-trust prosecutions, acceded to corporate oligopolies and price-fixing. In the name of stimulating growth, Kennedy's signature fiscal program cut taxes not only for wealthy individuals but also for businesses. By the 1960s, the old arguments about how to divide the wealth between workers and capitalists had given way to strategies for economic growth that would benefit all citizens. The answer was not to slice the pie differently, went the saying, but to bake a larger pie.Footnote 39
In this context, theories about the causes of poverty served to elevate the potential role of the private sector in solving social problems. During the Cold War era, intellectuals and policy makers had come to believe that economic “development” could act as a lever against backward poverty both at home and abroad. No longer, as in the 1930s, did they find the cause of poverty in the failings of capitalism. Now poverty resulted from the failure of poor people—often mired in a “culture of poverty”—to adopt capitalistic ways. This idea called for extending private investment to slums, both in the United States and in undeveloped nations.Footnote 40
At the same time, many Americans in the 1960s had come to admire corporations. Today the images of civil rights and antiwar protests and the counterculture have obscured the dynamism of business in that era. In the 1960s the earnings of the top “nifty fifty” corporations, including high-value technology companies such as IBM and Xerox, dazzled investors and powered a great bull market. Furthermore, research and development and engineering companies in the defense and aerospace industries associated business with the nation's military might. Old firms, such as General Electric and Bell Labs, as well as younger companies, such as Lockheed, TRW, Northrop, and Raytheon, produced awe-inspiring rockets, satellites, computers, and sophisticated mathematical systems. Starting in the mid-1960s, many of these companies bid on government contracts to apply systems planning and engineering methods to urban problems.Footnote 41
Most significantly perhaps, the national mood inspired businesspeople to volunteer to solve the nation's domestic problems—as a matter of conscience rather than profit. This activity grew in part from the long tradition of civic involvement typified by local Community Chest campaigns. But in the 1950s, a small but influential group of corporate executives began to espouse the notion of corporate social responsibility (sometimes for self-interested motives), and a few housing industry leaders, led by Baltimore mortgage banker James Rouse, tried to tackle urban issues. As the sense of national emergency deepened during the 1960s, corporations funded policy conferences on business solutions to urban problems, and businesspersons signed up to help the urban and racial-minority poor.Footnote 42
By 1968 across the United States, employees of private firms enlisted in hundreds of programs run by government agencies, nonprofit organizations, and their own companies. Perhaps most of these civic projects concerned employment of the “disadvantaged” because businesses could most directly help in this arena. Corporations such as General Electric, IBM, and Litton Industries, for example, operated most of the urban centers of the federal government's Job Corps program, a key part of the War on Poverty. Many other business projects, however, dealt with housing, education, safety, economic development, and social work. At the height of the urban crisis and the rising liberal political tide, many business leaders dropped their categorical opposition to government social welfare programs and joined the search for policy solutions to the problems of the cities. Even the ultraconservative United States Chamber of Commerce proposed joining hands with labor, civil rights groups, and the government to take on the problems of ghetto poverty. Whether moved by idealism, a sense of crisis, or political expediency, corporate America in the 1960s stood ready to help.Footnote 43
IX. CALLING UPON THE GENIUS OF PRIVATE INDUSTRY
The acceptance of underdevelopment theories, the improved public image of corporate America, and the personal involvement of business executives in domestic social issues made it easier for liberal political leaders to ask private enterprise to carry out plans for rescuing urban America. Liberals like Sen. Robert F. Kennedy (D-NY) mistrusted the administration's big-government programs and felt this approach offered a different way of tackling urban poverty. Despite the “many hostilities to the business and conservative community,” which he and his close aide Richard Goodwin claimed to share, Kennedy recruited corporate executives to help him devise an alternative to Model Cities and other Great Society programs.Footnote 44 In December 1966 Kennedy started an experimental program to revive the Bedford-Stuyvesant neighborhood in Brooklyn by means of a locally based community organization supported by the power and wealth of big business—specifically a committee that included the chairs of IBM and First National City Bank (Citibank).Footnote 45
“For the first time,” the Kennedy team explained, “the leaders of the American business community have assumed the primary responsibility for dealing with problems of the ghetto.” Or as Daniel Patrick Moynihan put it, the Bedford-Stuyvesant Restoration Corporation project would “get the market to do what the bureaucracy cannot.” In fact, the Bedford-Stuyvesant Restoration Corporation—like the community development corporations that would proliferate in the 1980s and 1990s—relied not on the market, but on financial aid from government, foundations, and corporations. Regardless, Moynihan expressed the growing impulse to tap business know-how and resources to solve social problems.Footnote 46
At the national level, the president had additional motives for turning to the private sector. Far more than the Kennedys, Lyndon Johnson admired great business leaders. From his early days in government during the New Deal, LBJ had exploited the many political advantages of government contracting in public works projects—tangible improvements in the lives of voters, job creation and patronage, and, not least, the loyalty and financial support of grateful contractors. Indeed, Johnson's political career and financial success were inextricably bound to his long relationship with George and Herman Brown of the Brown and Root Construction Company.Footnote 47
Fiscal issues also compelled LBJ to seek ways to address social problems that would not cost or at least appear not to cost the government too much. The soaring costs of the growing American involvement in Vietnam, plus Johnson's ambitious domestic programs, threatened to raise federal spending above the debt limit. Under fiscal pressure, Johnson in 1966 retreated from his Great Society programs or at least from fully funding them. He also tried to reduce the federal budget through such means as having Fannie Mae selling bonds (known as participation certificates) backed by pools of its mortgages. Feeling the painful budgetary constraints, LBJ sought partnerships between business and government in part so that the private sector could help pay for new public policies.Footnote 48
For many reasons then, the Johnson administration avidly sought ways to utilize corporate power to solve the crisis of the cities. In May 1966, the White House assembled about one hundred business leaders—including the top executives of Ford Motor, American Airlines, and RCA—at the State Department to hold a “Business-Government Conference on Urban Problems,” which Weaver and Detroit Mayor Jerome Cavanaugh addressed. That June HUD held a seminar on science and urban development, an aide reported to the president, to bring together “profit-motivated business leaders who are alert to what science and technology can contribute to their private gain” and public officials who could influence “private enterprise to serve public services.”Footnote 49
On January 10, 1967, in his State of the Union address, Johnson proclaimed to the nation his new business-oriented approach to urban policy. “We should call upon the genius of private industry,” LBJ declared, “and the most advanced technology to help rebuild our great cities.” In June he announced the formation of a committee to map out specific ways that businesses could rebuild the slums, “which shame the nation and its cities.”Footnote 50
The president wanted to ensure that private industry dominated the housing committee. He named Edgar Kaiser, president of the corporate conglomerate Kaiser Industries and an old ally, to head the committee and loaded it with executives. Although he placed his favorite labor and civil rights leaders on the panel, LBJ appointed mostly businessmen: construction and building supply company executives, home builders and developers, and a prominent Chicago banker. Significantly, he did not invite a single public houser to join a group charged with crafting urban housing programs. Going beyond the usual deference to industry lobbyists, LBJ invited private-sector representatives to write their own program.Footnote 51
Although central to Johnson's business-oriented urban strategy, the Kaiser Committee was by no means its only component. In September 1967, for example, LBJ jubilantly announced a pledge by 348 life insurance companies to redirect $1 billion from their normal investment stream to the impoverished sections of America's cities. Administration officials, congressional leaders from both parties, big-city mayors, civil rights leaders Roy Wilkins and Whitney Young, and National Association of Home Builders' president Leon Weiner attended the announcement at the White House, which garnered national attention. Gilbert W. Fitzhugh, the head of the Metropolitan Life Insurance Company and the chair of the life insurance industry's Joint Committee on Urban Problems, explained that the industry's leaders had concluded that they could most effectively help “hard core ghetto areas” by financing housing projects and job-creating enterprises. Much to the delight of Johnson and HUD Secretary Weaver, the insurance executives proposed to funnel money immediately into government housing programs, particularly the Rent Supplement program—an implicit endorsement of a program that House Republicans had refused to fund.Footnote 52
Buoyed by this development, LBJ ordered all his cabinet secretaries—from Agriculture to Defense!—to come up with more ways the private sector could solve the problems of America's cities. Some of the departments' ideas seemed far-fetched—Commerce, for example, proposed that major oil companies sponsor service station maintenance firms in the ghetto—but others such as the Job Opportunities in Business Sector (JOBS) Program bore fruit. Through the JOBS program, the Departments of Labor and Commerce would train the “hard-core unemployed,” and a new volunteer organization, National Alliance of Businessmen, would find the trainees gainful employment.Footnote 53
The National Alliance was a corporate affair. Henry Ford II of the Ford Motor Company and Paul Austin, president of the Coca-Cola Company, headed its executive committee. The chief officers of some of the largest corporations in the United States—IT&T, Aluminum Company of America, and McDonnell-Douglas Aircraft, for example—chaired its nine regional committees. Beneath them, leading business executives from the fifty largest cities in the country directed local committees. The collaborative program was bound to be a great improvement, the president asserted, over the government “make-work projects … we had back in the thirties.”Footnote 54
Johnson began to describe this type of hybrid social policy in terms that would become familiar to future policy makers. On October 6, 1967, LBJ became the first president to use the phrase, “public-private partnership,” which he did to laud the accomplishments of the Truman administration's Hill-Burton hospital construction program. The next month, LBJ thanked the members of the NAREB for supporting his administration's social housing programs, which involved private developers and landlords. The realtors, he announced, “had demonstrated the good that can come from business-government partnership.”Footnote 55
X. CONGRESS SEARCHES FOR A CURE FOR SLUMS AND GHETTOS
Despite Johnson's enthusiasm for new sorts of public-private initiatives, the administration was caught unprepared when Detroit and Newark exploded in violence during the summer of 1967. The previous fall, Weaver felt he had his hands full organizing HUD and implementing the Rent Supplement and Model Cities programs and so decided not to draw up any major bills for the following year. John Sparkman, the powerful chairman of the Senate Committee on Banking and Currency and its Housing and Urban Affairs Subcommittee, concurred, emphasizing that the government should spend less time devising new programs—which Democratic losses in the 1966 elections made more difficult to pass—and more time administering existing ones. Hence, in 1967 federal officials had no major legislation—private, public, or in-between—to propose to calm the ghettos. On the last day of the Detroit upheaval, Johnson responded by establishing a committee, the National Advisory Commission on Civil Disorders, to investigate the causes and make recommendations. “Even as our cities went up in flames,” chided Congressman William Widnall (R-NJ), the adminstration offered “only housekeeping amendments.”Footnote 56
In the summer and fall of 1967, members of Congress leapt into the legislative vacuum left by the White House. They submitted dozens of bills—too many even for Sparkman to read at hearings—to reconstruct America's inner cities. Most congress people called for increasing existing housing programs, usually by immense amounts. LBJ's political rivals, Robert Kennedy and Sen. Charles H. Percy (R-IL), submitted bills that garnered the most support. Both proposals depended on the private sector, albeit in strikingly different ways, to solve the problems of the urban slums.Footnote 57
As he had in his Brooklyn experiment, Robert Kennedy looked to big business to help end the urban crisis. In the 1930s, Kennedy explained, the private sector had failed and government had stepped forward to save the nation. Now the situation was reversed; it was government's social welfare policy that was broken. In a slap at Johnson's record, Kennedy declared that the greatest failure of the government's antipoverty efforts was the “failure to involve and rely on the private enterprise system, which is the basic strength of the Nation.”Footnote 58
To redress this flaw, in July 1967 Kennedy submitted legislation to encourage “private enterprise to provide adequate [rental] housing in urban poverty areas for low-income and lower middle income persons.” Extrapolating from private-market housing policies, he offered large-scale low-income housing developers fifty-year FHA-insured mortgages at 2 percent interest, gave their corporate investors tax credits and accelerated depreciation tax write-offs, and paid city governments half the revenue losses from abating the developers' taxes. Kennedy also submitted a companion bill that used a combination of tax benefits and subsidies to lure large corporations to set up new factories in economically deprived areas like Bedford-Stuyvesant. Reflecting the appeal of his approach, Kennedy was able to persuade a number of other senators—including Republicans—to cosponsor his inner-city development bills.Footnote 59
At hearings held by the Senate Finance Committee in September 1967, the bills received an enthusiastic response—except from the White House and its allies. While administration officials privately deemed Kennedy's housing proposal worthy of serious consideration, Weaver publicly criticized the bill as inadequate and more expensive than expanding current low-income housing programs. The treasury department also weighed in, dismissing the proposal because its tax incentives would aid too few people. Where it mattered most, the White House's opposition outweighed support: the finance committee, chaired by longtime Johnson ally Russell Long, never reported either bill to the full Senate. The following year, Kennedy continued to push his approach until Howard Moskof, the Kaiser Committee's chief of staff—sent by the White House on a personal mission—visited Kennedy at his home and, while tolerating the drooling affection of the senator's pet Springer Spaniel, Freckles, persuaded Kennedy to set his housing bill aside and support the administration's own private-sector proposal. Nonetheless, Kennedy's general approach was in line with that of Johnson's policy makers, and, as we will see, in the following years different forms of subsidized mortgages, accelerated depreciation accounting, and tax credits would become part of American housing policy.Footnote 60
XI. CHARLES PERCY'S INNOVATIVE HOME OWNERSHIP ACT
In contrast to Kennedy's corporate strategy, Charles Percy devised an innovative scheme that operated largely outside the private enterprise housing system to enable low-income families to purchase houses. Where Kennedy's programs sought investments by large corporations, Percy's scheme relied on nonprofit agencies. Based on the ideas of Charles Abrams, one of the original public housers, the proposed quasi-public entity—the National Home Ownership Foundation—would lend or guarantee loans to nonprofit, cooperative, or limited-dividend groups to build or rehabilitate “safe, decent, low-cost” homes. The low- and moderate-income purchasers of the houses—not private lenders—would receive direct subsidies on mortgages from the Department of the Treasury. Percy's home ownership bill contained far-sighted features: home buyers training and counseling; low-income home owners' insurance against foreclosure as a result of illness or unemployment; and the potential for buyers to invest “sweat equity” by contributing their own labor to defray construction costs.Footnote 61
Had Percy been a Democrat or had Robert Weaver concocted this bill inside the Johnson administration, it would have stood a good chance of passing. The proposal's nonprofit agency and government subsidies to low-income consumers fit squarely within the New Deal social-welfare policy tradition. Ordinarily, liberals, many of whom were Democrats, would support such a low-income housing bill, but its authorship by a Republican confused the usual lines of political support. Glad to have a legitimate Republican policy alternative, Percy's fellow Republicans rallied to the bill: all 36 Republican senators and 106 of 187 House Republicans signed on as cosponsors. Percy persuaded four Democratic senators to cosponsor the act, and several others would have joined the effort but declined to endorse an act authored by a likely Republican candidate for the presidency.
Feeling politically threatened, Johnson and his allies attacked Percy's bill from numerous fronts. Weaver, like many public housers, was genuinely skeptical about home ownership for the poor but exaggerated his opposition, blasting Percy's bill as a “gimmick” and “simply inadequate.” The housing interest groups steered clear of Percy's plan because they preferred working with the existing government agencies and were wary of offending the president and congressional Democrats. Hence, the liberal AFL-CIO condemned the proposal as a “cruel hoax,” and both the National Housing Conference and the NAHRO rejected Percy's bill. The industry trade associations NAREB and NAHB were also cool to the Republican's idea.Footnote 62
Ominously for Percy, Sen. Walter F. Mondale (D-MN) pushed an alternative home ownership program to be carried out by for-profit businesses—using the FHA mortgage insurance system and private mortgage financing—rather than nonprofit organizations. The chair of the Banking and Currency Committee, John Sparkman (D-AL), instructed Mondale and Percy to come up with a compromise between their two bills, but the lopsided result of the negotiations produced a bill that left only the goal of low-income home ownership from Percy's bill. Seeing that Percy was losing control of the bill, Republicans began to drift away from it.Footnote 63 Still the White House was not ready to move on its own, so at Weaver's request, Sparkman stalled long enough on reporting the bill for the Senate leadership to declare it too late to consider during this session.Footnote 64
XII. NEEDED: LARGE-SCALE PROGRAM TO REBUILD AMERICA'S SLUMS
The president knew that the urgency of the moment required more than quashing the bills of his political rivals. Having charged the Kaiser Committee with finding ways to rebuild all of America's slums, LBJ now directed Weaver “to put together a ten-year housing program that would eliminate all the substandard housing in this country.”Footnote 65 Thus, the president assigned responsibility for what would become the 1968 housing bill to both the Kaiser Committee and HUD without distinguishing their roles. Meanwhile, the Congress, led by Senate Banking and Currency Committee chair Sparkman, worked on its own legislative proposals. The three centers of power pushed ahead simultaneously, alternately consulting and jousting with one another while they advanced their own particular agendas.Footnote 66
Because many, including the president, believed that only a massive housing construction program could save the ghettos and stop the riots, it made sense that the legislation would set a production goal.Footnote 67 Kaiser organized a subcommittee, and Howard Moskof, the Kaiser committee's chief of staff, assigned two technical consultants and economists from HUD, the Council of Economic Advisors, and the NAHB to come up with a target for housing production. The experts calculated current supply and volume of rehabilitation, rate of home building and demolitions, likely future demand for housing based on demographic information such as immigration and household formation, “national housing needs” for particular income groups (e.g., to replace substandard units and end crowding of poor families), and the ability of the private-market system to supply the homes for all groups. In the end, the committee accepted a goal for the next ten years of building or rehabilitating 26 million dwelling units of which 6 million would go to low- and moderate-income families.Footnote 68
Despite the seeming objectivity of the statistical computations, the NAHB was the driving force for the idea of national housing goals, only one of several instances in which the home builders shaped national housing policy. A national commitment to produce a great number of dwellings appealed to the home builders' self-interest. In 1967 NAHB president Leon Weiner, a pro-business liberal, brought industry and reform interest groups together in two conferences that endorsed the idea of housing goals. By lobbying and coordinating interest groups on the outside while Weiner pushed inside the Kaiser Committee, the NAHB was able to add a provision in the 1968 legislation that the government annually review progress toward meeting the goals. Liberals wanted an enormous production program as well and applauded when Sen. William Proxmire and Rep. Henry Reuss inserted the annual reporting provision.Footnote 69
A delighted White House jumped on the big target for housing, even while the bill was pending. In his January 1968 State of the Union address, the president put the Kaiser Committee figures forward as a national goal. Johnson called for 300,000 new housing units for low- and middle-income families next year—more than half of the production of the previous ten years—and a total of 26 million new dwellings in the following decade.Footnote 70
Not everyone was pleased by the gargantuan target. The previous year John Sparkman had hammered many of the housing proposals into legislation that was never put to the full Senate for a vote but served as a useful draft for a 1968 housing bill. As he listened to the president deliver the State of the Union message, the senator had a sinking feeling that the president had “smothered what I considered a fine, but modest, housing bill.” Sparkman was correct: setting sky-high goals would require powerful new engines of housing production.Footnote 71
XIII. A BIG BUSINESS APPROACH TO LOW-INCOME HOUSING
The high goals for housing raised the stakes for the 1968 housing legislation but left unanswered the question of how to attain them, a quest that chief-of-staff Moskof labeled “The Elusive Search for the All-Purpose Housing Solution.” The White House pushed the idea of new building technologies, but the Kaiser staff, with the help of NAHB expert testimony, convinced the committee to keep this approach small and experimental. That left the committee members to struggle over whether small or big business was better suited to mass-produce housing.
Kaiser, for one, liked large-scale operations. The large business model had great allure, especially when compared to the small-scale, localized, and fragmented home building industry. Echoing a long and widely held criticism, a Kaiser Committee memo lamented, “The industry has no GM, GE, IBM, Esso, AT&T or similar unit with the size and market power adequate for the tasks now before it.” Some committee members envisioned a public-private profit-making corporation—like the Communications Satellite Corporation (Comsat) or the recently created Corporation for Public Broadcasting—that would build apartment buildings and houses.Footnote 72
Those who represented the housing industry, which was dominated by small businesses, objected. “Proposals for vast joint Government-industry corporations are more dramatic than realistic,” wrote Weiner, the head of the home builders’ association. “Such mechanisms would be cumbersome and unworkable in an industry where flexibility is the first consideration…. A new, huge corporation—whether purely private or quasi-Governmental, whether profit or nonprofit—will succeed only in concentrating a myriad of small problems into one massive impossibility.”Footnote 73
Over time, the Kaiser Committee revised the concept of the housing corporation into a national finance agency, which embodied in name and functions the concept of the public-private “partnership.” The proposed National Corporation for Housing Partnerships would raise money from corporate members and investors and use it to provide the working capital for local development projects. To attract investors, Kaiser proposed federal tax benefits that would allow them to deduct losses and depreciation from the venture. “Private enterprise would invest [and] get the tax benefits,” Moskof explained, to set up “a well-funded organization that would assist local … builders and nonprofits to build housing all over the country.” Hence, the corporation would carry out two types of government-business partnerships: one in which the federal government aided corporations to invest in housing projects, the other in which the new private government-sponsored entity formed alliances with local housing developers, be they nonprofit or for-profit entities.Footnote 74
Although the Kaiser Committee's young staff members protested that the scheme was a boondoggle for corporations and the politically connected corporate lawyer Lloyd Cutler (whose firm would profit from the transactions), Moskof overruled them. After the heads of IBM, General Motors, and other Fortune 500 executives indicated they would be willing to participate, Kaiser convinced skeptical committee members such as Weiner to agree to the new corporation. The White House enthusiastically approved the idea, and in his Crisis of the Cities speech to Congress on February 22, 1968, LBJ trumpeted it as an ideal way to harness the productive power of the private marketplace for the public good of low-income housing. The following month HUD staff worked with John Sparkman to incorporate a provision for a for-profit entity, the National Corporation for Housing Partnerships, in the proposed housing bill.Footnote 75
XIV. THE SMALL BUILDERS GET THEIR PROGRAMS
Weiner and the home builders could tolerate the inclusion of the National Corporation for Housing Partnerships because they knew the law contained numerous other provisions to their liking. Besides leading the effort for numerical housing goals, NAHB representatives had consulted with Senate and House committees, HUD, and the Kaiser Committee on the two new large low-income housing programs—one for home buyers and the other for renters—that comprised the core of the 1968 housing bill.Footnote 76
Section 235: Low-income Home Ownership
In the case of the home ownership provision, titled Section 235 of the National Housing Act, the bill's authors—primarily the Senate banking committee and HUD's general counsel's office—transformed Percy's small-scale plan for nonprofits into a large-scale home building program located within the FHA-private industry system. To begin, they authorized HUD to pay private lenders of a new FHA-insured mortgage an amount that lowered the home buyer's monthly mortgage payments to 20 percent of his or her income. The program's authors boosted Section 235's number of eligible borrowers by lowering the mortgage interest rate to 1 percent—to reach the low-income group—and raising the limits on the home buyers' incomes—adding moderate-income customers. To pump up production—via the home building industry—they required that by the third year all the subsidized homes must be new or substantially rehabilitated.Footnote 77
The framers of the act stripped down regulations to speed lending and purchasing to low-income home buyers. To push the FHA to insure the new mortgages in inner-city neighborhoods, they loosened credit requirements for borrowers and lowered criteria for viable neighborhoods. Section 235 even created a Special Risk Mortgage Fund for mortgages that were “not intended to be actuarially sound.” The program also minimized the first-time buyer education that Percy had emphasized in his scheme.Footnote 78
Having geared the program for maximum volume, its authors estimated that if fully funded, within three years Section 235 could subsidize 500,000 units. “By calling for significantly more housing than [Percy's bill] had countenanced, and by ruling out a prominent role for local, nonprofit housing organizations,” Abrams scholar Scott Henderson observes, “it was the Democratically influenced Housing Act of 1968—not the Republican-initiated and Abrams-inspired National Home Ownership Act—that was predicated on virtually unrestricted private sector participation.”Footnote 79
Section 236: Rental Housing
In contrast to the public housing program, the 1968 bill's private-sector rental housing scheme was designed so that private agents, not government entities, initiated and carried out housing projects. They would choose when and where the housing would be located. Private developers were responsible for acquiring the site and obtaining the financing to develop it. The developers would then design, build, own, and finally manage the dwellings, which they would lease at affordable rents to low-income households. As with its predecessor, the 1961 Below-Market-Interest Rate program, the private developers could be nonprofit organizations, cooperatives, or limited-dividend companies. Worried about the previously poor track record of nonprofit groups, the bill's authors added a section that authorized HUD to provide loans and technical assistance to nonprofit housing groups.
In crafting the Section 236 program, Weaver, Kaiser Committee members, and representatives of the major interest groups sought to boost the feeble output of the 1961 Below-Market-Interest Rate program. To achieve, as Weiner put it, “intensification” of rental housing production, HUD counsel Carl Coan Jr. devised a new subsidy method. Instead of the government insuring and purchasing mortgages with below-market interest rates, Section 236 of the 1968 act offered rental housing developers an annual subsidy that reduced their mortgage interest rate to 1 percent. This type of subsidy enabled owners to charge lower rents than the Below-Market-Interest Rate program had and, for added political benefit, allowed the government to record as a budget expenditure only the interest reduction rather than the entire mortgage. The drafters of the legislation predicted that with the same amount of funding as the home ownership program received, Section 236 could produce 725,000 or almost half again as many dwellings.Footnote 80
Despite enlisting the private sector, Lyndon Johnson's low-income housing programs would significantly increase government spending. The 1968 act authorized appropriations of up to $250 million for both Section 236 rental housing and Section 235 home ownership programs over their first two years and permitted spending $300 million on each for subsequent fiscal years. In addition, the act authorized additional spending for public housing and rent supplements, which brought the cost of building or rehabilitating a targeted 1.7 million housing units within three years to $5.3 billion. The estimated price tag for reaching the ten-year goal of 6 million new low-income dwellings, or about five times the amount authorized in the act, was about $200 billion. Clearly, the purpose of the administration's public-private housing programs was to expand the government's housing policy through generous federal funding.Footnote 81
A Host of Other Provisions
Despite the excitement about the new programs, the 1968 act also reaffirmed and funded several existing housing programs, which the administration and Congress felt would be needed to help meet the national housing goals. The act boosted funding authorizations for the public housing program—which HUD officials hoped would develop 420,000 units. The bill's authors attempted to improve public housing by discouraging high-rise designs, making available new subsidies to help pay the rent of large and extremely low-income families, and authorizing $20 million in “social management funds” to provide social services to low-income tenants. In addition, the bill approved considerable sums for recent Great Society programs: $140 million for rent supplements (enacted in 1965), which officials estimated could produce 262,000 apartments; $150 million for the revolving fund that provided renovation loans to low-income home owners (enacted in 1964), and an eye-popping $1 billion for Model Cities (enacted in 1966). Finally, as a long-term solution to the crisis of the cities, the bill included government support for the creation of planned “New Communities,” like the privately financed cities of Columbia, Maryland, and Reston, Virginia.Footnote 82
The need to finance the bill's schemes for enlarging the volume of residential construction dovetailed with the NAHB and other trade associations' long-standing desire to pump up the amount of credit available for market-rate housing. Representatives of the builders, mortgage bankers, and real estate brokers yearned to tap swelling pension funds—whose directors preferred other forms of investment—to expand their business. Since 1966, moreover, the trade association leaders had complained loudly that soaring interest rates drained funds from savings-and-loan associations and badly squeezed their industry.
Hence, the authors of the 1968 legislation wrote in a number of measures intended to spur private investment in the general housing market. The bill removed the ceiling interest rate on FHA-insured mortgages, set off Fannie Mae as a private corporation (thus freeing it from the budget restraints so it could purchase more FHA and VA mortgages), created a new government secondary-market agency, Government National Mortgage Association (GNMA or Ginnie Mae), to purchase special assistance mortgages, and gave both FNMA and GNMA the authority to guarantee privately issued securities collateralized by pools of mortgages. Industry representatives found all these measures pleasing, but for immediate results they looked most eagerly to the removal of the interest cap on FHA loans and Fannie Mae's and Ginnie Mae's secondary-market activities.Footnote 83
XV. CLEAR SAILING
As the Congress took up the big housing bill in the spring, Lyndon Johnson's task force strategy began to pay off. In March 1968 Sparkman and his counterpart in the House, William Barrett (D-PA), introduced and held hearings on the legislation. First, HUD Secretary Weaver, then the president's urban housing committee chair Edgar Kaiser endorsed the legislation. A noteworthy parade of interest-group representatives followed suit. Remarkably, the longtime supporters of public housing—including the AFL-CIO, U.S. Conference of Mayors, National Housing Conference, and NAHRO—favored the new social programs to be implemented by nongovernment agents. Meanwhile, the traditional enemies of public housing—NAHB, the Mortgage Bankers Association of America, American Bankers Association, and the conservative U.S. Chamber of Commerce—endorsed the bill despite its provisions of funding for public housing.
What induced members of these housing lobby groups to put aside their long-standing principles to support the 1968 bill?
First, both reformers and representatives of industry shared a deep sense that the urban crisis demanded a massive rebuilding effort, which current housing programs could not accomplish. Speaking for the social work contingent of the housing movement, DeLeslie Allen, president of the National Federation of Settlements and Neighborhood Centers, argued that the bill's unprecedented housing production goal was not high enough to fulfill her organization's aim of eliminating all “slums, blight, and deterioration in our country in the shortest possible time span.” Housing reformers—and, of course, the industry leaders—believed, however, that the public housing program was incapable of producing the huge quantity of new construction needed to solve urban problems. It was necessary to supplement public housing with new programs, National Housing Conference president Nathaniel Keith explained, “to expand the volume of housing and broaden the participation in meeting urgent needs.” In this critical moment, the imperative of production trumped ideology.Footnote 84
Second, by 1968 people of all stripes in the housing field had grown accustomed to the idea that private-sector entities, including businesses, could help implement social welfare policy. During the 1960s nonprofit and limited-dividend for-profit agents had used Below-Market-Interest Rate, Rent Supplement, Turnkey, and other programs to make housing that was affordable to low-income Americans. Hence, despite doubts that private enterprise and technology could act as urban “miracle drugs,” William Rafsky, the president of NAHRO, and Dorothy Gazzolo, the longtime editor of the organization's magazine, saw great potential in new collaborations between government and business. A longtime champion of increasing governmental powers to achieve social change, United Auto Workers (UAW) chief Walter Reuther declared that now the housing and urban development fields required “the growth of non-governmental institutions … to end slumism.” As for the private housing industry, its representatives preferred almost any nongovernment program to public housing, which they disdained.Footnote 85
Third, the bill offered an array of approaches and implementing agents from which to choose. This allowed the leaders of the diverse interest groups to acclaim the programs they liked and criticize or ignore those that did not appeal to them. Proponents of nonprofit developers, such as Mayor James H. J. Tate of Philadelphia and DeLeslie Allen, the settlement house leader, praised the provisions that would build up neighborhood nonprofit housing corporations but said nothing about limited-dividend builders. Edgar Kaiser, not surprisingly, praised the bill's National Corporation for Housing Partnerships for involving “large industry,” whereas Lloyd Clarke of the NAHB celebrated the role of small-scale private enterprise in the Section 236 rental housing program, pointedly asserting that “big capital and large organization” was less efficient in homebuilding.Footnote 86
Organized labor's spokespeople endorsed the private-sector programs—not unexpectedly, perhaps, considering labor's postwar support for employer distribution of social benefits—but they too differed on whether small or large business was best. AFL officials threw their “enthusiastic support” to the Section 236 rental program because they believed it would enable small-scale developers—nonprofits, cooperatives, and small builders for whom building tradespeople traditionally worked—to produce the most housing in the shortest time. In contrast, the leader of the industrial unions—United Auto Workers president Walter Reuther—barely mentioned Section 236, disparaged homebuilders for being antilabor and inefficient, but celebrated the “private profit-making corporations” to be created by the Corporation for National Housing Partnerships as an innovative step towards a large-scale and efficient housing system.Footnote 87
Last but not least, the 1968 bill strengthened existing housing programs, giving the interest groups further incentive to support the bill in its entirety. For example, liberal interest groups such as the AFL-CIO and National Housing Conference praised the bill's generous funding for public housing and rent supplements. Industry groups such as NAREB and NAHB were highly enthusiastic about the mortgage-industry sweeteners—particularly raising the cap on FHA-insured mortgage interest rates and turning Fannie Mae into a private corporation—and approved funding current private-market low-income housing programs such as Rent Supplements and leased public housing.Footnote 88 By packing the 1968 act with highly desired provisions, LBJ and the Democratic leadership encouraged the interest groups to participate in a kind of social policy log-rolling. The liberal reform and housing industry lobby groups thus found common cause in supporting the 1968 housing bill, which helped end their long political war and begin an era of collaboration on urban and housing policy issues.Footnote 89
With such unanimity of support—and the memory of the riots that followed the assassination of the Reverend Martin Luther King Jr. still fresh—members of Congress were not disposed to alter the legislation greatly. They fussed with the formulae for eligibility for the housing programs—attempting to restrict the programs to relatively lower-income families—and slightly reduced the administration's requested large authorizations. But, for the most part, the bill enjoyed clear sailing. In May it passed the Senate by a roll call vote of 67-4; in July the House approved it by an almost two-to-one margin. The chambers adopted the conference report by similar margins, and on August 1, 1968, Lyndon Johnson signed the Housing and Urban Development Act of 1968 into law.Footnote 90
XVI. THE PRIVATIZING OF HOUSING AND URBAN POLICY
As its creators had hoped, the 1968 housing law helped produce plenty of new dwellings. Between 1969 and 1979, under presidents Richard Nixon, Gerald Ford, and Jimmy Carter, the United States generated almost 19.5 million housing starts, the largest volume of housing construction for any decade in American history. All the more impressive, this volume of production occurred in a period of economic turbulence marked by inflation and spikes in oil prices.
The 1968 act's low-income programs contributed significantly to this achievement. Thanks in part to zealous implementation by President Richard Nixon's HUD Secretary George Romney, in 1970, the first year the new housing programs ran at full capacity, the Section 235 and 236 programs produced about 12 percent of the nation's total housing starts. Over the course of the 1970s, Section 235, the low-income home ownership scheme, produced approximately 419,000 new units. Section 236, the rental housing program, also produced many units—about 540,000 by the end of the decade, three-quarters of which were built by 1975.
The passage of the 1968 law permanently shifted production of new social housing in the United States away from public housing and toward private development and ownership. A headline writer for the trade journal, House and Home, summed up the emerging policy, “General Grantsmanship Bows to Pvt. Enterprise.”Footnote 91 Despite a surge in public housing construction—made possible by appropriations procured by the Johnson administration—the two new private-sector low-income programs together generated more dwellings during the late-1960s and early-1970s than did the venerable government-based program. For the decade 1969 to 1978, the Section 236 program by itself created more low-income rental homes than the public housing program created, and after 1978 the private-sector rental housing programs that succeeded Section 236 also outpaced public housing.Footnote 92
A Shift toward For-Profit Developers
By placing for-profit companies at the forefront of low-income housing production, the 1968 housing act moved social housing policy far from the antibusiness spirit of New Deal social reform. Weaver's first attempt at a private-sector rental housing program, the Below-Market-Interest Rate program, had favored nonprofit and cooperative developers, who between 1961 and June 1967 built more than half of its 569 new housing projects. In the Section 236 program, in contrast, between 1969 and 1978 for-profit developers produced 71 percent of subsidized rental projects, leaving nonprofits and cooperatives to build the remaining 29 percent.Footnote 93
Following the precedent set by Section 236, subsequent low-income rental housing programs relied on the private sector. In 1974 Congress sought to improve upon Section 236 by creating the Section 8 New Construction and Substantial Rehabilitation (NC/SR) program.Footnote 94 Dropping the limited-dividend restriction, the new legislation bluntly invited “any private person or entity” to participate as long as the owner assumed “all ownership, management, and maintenance responsibilities” for the subsidized rental housing. Section 8 NC/SR produced homes even faster than had Section 236, reaching 778,000 units by 1986. By 1981—if not before—there were more privately owned, publicly subsidized low-income rental dwellings than there were public housing apartments.Footnote 95
The administration of Ronald Reagan opposed federal support for construction of low-income housing and in 1983 pulled the plug on the Section 8 production program. Even so, political support for privately produced subsidized housing had grown so strong that Congress created a new low-income housing development program as part of the tax reform legislation of 1986. The Low Income Housing Tax Credit (LIHTC) provided a tax break to low-income housing developers, who usually sold the credits to investors for equity capital. The LIHTC has been highly prolific: between 1987 and 2010 it helped private developers to finance nearly 2,235,000 housing units.Footnote 96
Developers often employed the LIHTC to extend the life of old private-sector social housing, including dwellings subsidized under the 1968 law. In more than a third of LIHTC projects, the tax credit was used to refinance and rehabilitate existing housing. Most of these properties had been developed in the 1960s and 1970s under Section 236 and other private-sector programs, but had reached the time when their mortgages could be paid off or their subsidies had expired. Refinancing with LIHTC kept them affordable to low-income families for at least twenty-five more years.Footnote 97
As with Section 236, economist Edgar O. Olsen calculates, “for-profit firms have accounted for the majority of the units” produced under both Section 8 NC/SR and LIHTC programs. In 2001, according to a national survey, nonprofit groups owned only 8 percent of all subsidized properties and 13 percent of all subsidized dwelling units. Nonprofit organizations fared better under the tax credit program, yet between 1995 and 2009, for-profit sponsors developed nearly 73 percent of completed LIHTC projects. Hence, since the passage of the Housing and Urban Development Act of 1968, for-profit companies have produced and owned far more government-assisted low-income rental housing than nonprofit groups.Footnote 98
The 1968 law's low-income home ownership program, Section 235, also favored for-profit agents. As we have seen, the Johnson administration decided to scuttle Charles Percy's nonprofit approach for a large program implemented by home builders and real estate brokers. The home builders and real estate brokers embraced the program, helping to generate nearly 300,000 units in its first two years of operation. Its popularity in the housing industry was not altogether altruistic: in 1970—a time of tight money for house construction—the members of the Tennessee Home Builders Association adopted the motto, “Stay alive with 235.”Footnote 99
Inserting the profit motive into social policy had its pitfalls. Without Percy's constraints, the home ownership program soon produced a major scandal. In 1972 FHA field officers and private lenders and appraisers were charged with deceiving uninformed low-income buyers into buying poor-quality, overvalued properties. Setting aside cases of fraud, agents did a poor job of screening buyers. Not surprisingly, the program was plagued by high rates of foreclosure, 18 percent of the total. Some blamed HUD Secretary Romney either for failing to prepare FHA officers for the new assignment of insuring mortgages to low-income borrowers or for pushing local FHA administrators too hard to carry out the program at top volume. In Romney's defense, the authors of Section 235 had explicitly replaced the previous FHA standard for loans, “economic soundness,” with the looser criterion of “acceptable risk,” and even so, 80 percent of the sales to low-income households were financially viable. A more lasting problem was that the use of private enterprise reinforced patterns of racial segregation: housing industry agents funneled white buyers to new homes in the suburbs and black buyers to existing urban homes in the inner city.Footnote 100
Section 236, the rental housing program, was not plagued by major scandal, but it too was poorly conceived. Whether through haste or inexperience, the program's authors placed most of the financial incentives in the early phase of development. As a result, many for-profit developers (working as limited-dividend entities) inflated their stated construction costs to increase returns and obtain higher subsidies and then underestimated their projected operating costs to get FHA approval of their projects. Once they had built the projects, however, they had little stake in maintaining them. In addition, the personnel of many nonprofit housing sponsors were novices who knew little about real estate underwriting and property management. So great were the problems that in 1974 the federal government replaced Section 236 with Section 8 NC/SR, which relied on a different and simpler subsidy mechanism—rental assistance—to achieve the same end.
Nonetheless, during the 1970s an alarming proportion of Section 236 projects slid into financial trouble. Inflation and oil price rises pushed up their operating costs, which in many cases had been underbudgeted. (Such economic shocks also plagued public and private-market housing.) As operating costs escalated, owners fell behind on their mortgage payments, skimped on project maintenance, and allowed their buildings to deteriorate. Throughout the decade, foreclosure rates of Section 236 projects remained in the double digits. To stabilize the finances of Section 236 projects, government officials conducted several investigations and instituted two different programs, one that provided a rent subsidy and the other that offered inexpensive loans to cover either operating expenses or capital improvements.Footnote 101
A Government-Sponsored Enterprise for Low-income Housing
The National Corporation of Housing Partnerships (NCHP), the third engine in the 1968 law's drive to rebuild America's low-income housing, accomplished far less than the rental and home ownership programs. This government-sponsored enterprise—and for-profit company—was supposed to raise capital from the private sector and then form partnerships with local builders, labor groups, community organizations, and residents who wanted to develop low-income housing but needed financing and perhaps technical assistance. The NCHP succeeded in raising capital—$42 million from private investors—but, as NAHB representatives had predicted, few developers came calling.Footnote 102
Instead, low-income housing developers received, thanks to the federal tax code, abundant equity funding from individuals. Investment in Section 236 rental housing deals offered tax incentives, especially the use of accelerated depreciation schedules in calculating losses on property investment. Further protected from tax recapture by a 1969 law, investors using accelerated depreciation could receive cash flows on Section 236 projects that earned 15 to 20 percent returns on their investments.Footnote 103
With eager investors available, limited-dividend developers of low-income rental housing had little need of the NCHP. As a result, the NCHP in ten years helped develop only 40,000 dwellings, far short of its intended target of 100,000 units and a fraction of the number created by the Section 235 and 236 programs. After the creation of the LIHTC program in 1986, NCHP's directors decided against reorganizing the company to take advantage of low-income housing tax credits and eventually sold off its portfolio.Footnote 104
In the long run, however, the NCHP model resurfaced in different forms. In 1978 the Congress established another private housing corporation, the Neighborhood Reinvestment Corporation, which provided technical assistance and loans from a revolving fund to affiliated local housing nonprofit groups. After 1986 nonprofit and for-profit syndicators took up the business of purchasing low-income housing tax credits for equity investment in housing projects. Similar to the original plan for NCHP, these equity funds attracted capital from institutional and corporate investors, who became partners with private low-income housing developers, and often provided technical assistance to the housing developers.Footnote 105
The Strange Career of the Public-Private Partnership
Perhaps the greatest contribution of the NCHP to American policy and governance was emblazoning the term “partnerships” in the name of a government-sponsored for-profit social enterprise. During the 1970s government-business social programs, now frequently referred to as public-private partnerships, became popular. In cities across the United States, public-private alliances tackled a broad range of problems from central-city redevelopment to employment. Impressed by the breadth of these local collaborations, the Committee for Economic Development in 1982 conducted a lengthy study of urban public-private partnerships that further popularized the concept. In the following years, mayors and business leaders in many large cities responded to reductions in federal spending by starting more “partnerships” and “compacts” to deal with diverse issues including housing, education, and redevelopment projects. These were complex arrangements, in which sometimes business and city leaders and sometimes local nonprofit groups pushed projects forward. The supporting casts were large and could include civic elites, private real estate developers, financial intermediaries, foundations, and local, state, and federal agencies.Footnote 106
At the federal level, the term “public-private partnership” also took hold. In doing so, however, it drifted away from Johnson's idea of a large government social program carried out by private-sector agents. Instead, public-private partnerships began to connote a reduction of federal assistance, if not outright retrenchment. Faced with increasing fiscal problems, President Jimmy Carter deployed the term to describe new programs that used private-sector funds and volunteer efforts as a way of reducing the impact on the federal budget. In 1978 he announced “a new partnership” between government agencies at all levels, the private sector, and community groups as a way to stop the downward social and economic spiral of America's cities. Carter then established an office of public-private partnerships in HUD and tailored programs such as Urban Development Action Grants to facilitate local public-private programs.Footnote 107
The ambiguity of the partnership concept—limiting government involvement yet expanding the governmental sphere of action—rendered it malleable for widely different purposes. With its reliance on private enterprise, the public-private partnership could fit the emerging idea of using market mechanisms to reform government regulation and social welfare efforts. Milton Friedman and other libertarian economists had long argued for market approaches to solving social problems, and by the late-1970s they were joined by liberal neoclassical economists in forming a consensus of “neoliberal” orthodoxy. Indeed in 1976, Charles L. Schultze, who had served Lyndon Johnson as Director of the Bureau of the Budget and then Jimmy Carter as Chairman of the President's Council of Economic Advisers, loudly criticized “command-and-control” governance and called for “the public use of private interest.” In the years to follow, such neoliberal ideas took firm hold in American policy-making circles.Footnote 108
The idea that self-interested operations of the market would improve society differed from LBJ's idea of a committed business class working to solve society's problems; but policy makers could bend the concept of the business-government partnership to the new cause. Hence, during the 1980s President Reagan applauded public-private partnerships, volunteer efforts, and “Private Sector Initiatives” as ways to narrow the sphere of the federal government. Reagan's assistant secretary at HUD championed public-private partnerships under the more sweeping term of “privatization” to divest the government of activities that administration officials felt were better left to private institutions or individuals. Ironically, the tool Lyndon Johnson had devised to expand government social policy had ended up in Ronald Reagan's hands as a way to shrink it.Footnote 109
XVII. CONCLUSION
The Path to a New Order
Not only is the passage and impact of the 1968 housing act important to the development of American social policy, but it also provides a narrative that conforms to a general model of policy change, sometimes called path dependency, developed by the historical institutional school of political science. The major phases in that model include a period in which a particular policy framework prevails, a series of events that disrupt the framework and allow policy makers to choose new strategies, and a subsequent period characterized by the resulting new order.Footnote 110
In the history of the 1968 act, the old policy order prevailed until the 1960s. The federal government usually implemented social welfare policy through “partnerships” with state and local governmental agencies. The government also collaborated with the private sector but aside from contracting, usually did so to stimulate economic development or assist business, or both. Few for-profit private-sector government programs focused on the poor.
Prior to 1968 the two tracks of federal housing policy generally followed this pattern. In the industry track, government agencies provided mortgage insurance and secondary-market operations so that for-profit companies could produce and sell homes to a broad swath of the public. In the social-welfare track, government agencies themselves developed, ran, and managed public housing for low-income Americans. When housing secretary Robert Weaver initiated a private-sector social housing program, he circumscribed the participation of for-profit companies in favor of nonprofit groups. For their part, housing-industry trade associations championed the FHA and Fannie Mae and harshly rejected government-subsidized social housing, particularly public housing.
The dramatic events in the mid- and late-1960s, particularly the inner-city riots, upset previous patterns and made new policies possible, creating what political scientists have termed a critical juncture.Footnote 111 Convinced that ghetto environments helped cause the urban crisis, political leaders made social housing a national priority and set mammoth goals for residential construction. But they felt that the New Deal-era program, public housing, was too beset by problems to be the main vehicle for rebuilding the ghettos. Meanwhile, a number of trends—including underdevelopment theory, the success of well-known corporations, and businesspeople's increasing interest in social problems—spread the idea that private enterprise could solve urban problems. LBJ now trumpeted the idea of public-private partnership as an innovative response to the crisis.
Events and shared beliefs, however, only set the stage for change. In this period of flux, individual leaders decided the precise nature of the housing programs in the 1968 act. President Johnson created the mandate for a tremendous private-sector effort and, with his White House staff, fostered the new legislation. The president entrusted the details of the legislation to his business-dominated special commission, HUD, and, to a lesser extent, Congressional leaders. NAHB leaders, particularly the strong-willed Leon Weiner, worked with all three bodies to make the bill acceptable to the home builders.
Political scientists have posited that during periods of change, policy makers choose a particular approach among other possible arrangements. To carry the main burden of new production, the authors of the 1968 bill bypassed a number of alternative approaches, including not only public housing but also a nonprofit method of promoting low-income home ownership. Instead, they chose three industry-oriented programs. For the bill's authors, the key question was not whether, but which kind of for-profit companies—large corporations or small businesses—could mass-produce low-income housing.
Furthermore, the bill's authors blunted interest-group opposition by adding the new policy approaches without eliminating the old and, in fact, handsomely funding them. With newly authorized funds flowing into their programs, the supporters of public housing, Rent Supplements, and Model Cities had little motive to fight the subsidies for private-enterprise to produce low-income housing, even if they cared to. And because the public housing program had been unproductive and Model Cities was still untested, most liberals saw no harm in trying out additional housing programs keyed to a variety of private-sector agents.
Once the 1968 law was put into effect, a new policy order emerged. The converging of the two tracks of housing policy placed the private sector, particularly for-profit companies, in charge of developing and managing new social housing. Trade representatives of the housing industry and investors in low-income housing joined housing reformers to form a powerful lobbying force for government-funded privately run social housing programs. Political support inside and outside government “locked in” the private-sector pro-business framework, out of which subsequent housing programs were created. Meanwhile, the idea of private-public partnerships took hold in federal and local urban policy. Hence, by encouraging nongovernment entities to implement social policy, the 1968 housing act helped build the “delegated welfare state,” particularly in the arena of low-income housing.Footnote 112
By the 1980s the sense of urban crisis had passed, and market-based neoliberalism had begun its ascent in American policy circles. Under President Reagan, opponents of large federal government programs reduced federal expenditures for social programs in the name of public-private partnerships, the opposite of what the free-spending Lyndon Johnson had intended. The privatization movement, however, made little headway against the principle of public-private production of social housing, which Johnson's bill had so firmly established and a phalanx of interest groups now protected.
The 1968 Act and the American Welfare State
A review of the essential elements of the policies that arose from the Housing and Community Development Act of 1968 and the general turn toward public-private projects in the late 1960s helps illuminate the distinctiveness of the American welfare state and the reasons for its distinctiveness. Observers have long noted that provision of social welfare in the United States took a path that diverged from the practices of European nations, including the United Kingdom. For many, American “exceptionalism” in social policy lies in a laggard provision of welfare. More recently, scholars have questioned this notion as they have begun to appraise the complex mechanisms of social-welfare delivery in the United States.Footnote 113
Yet the history of the 1968 act does not conform to many of the reasons social scientists have offered to account for American exceptionalism. Traditional anti-statist and laissez-faire doctrines, two oft-cited explanations of the failure to enact social reforms, did not hinder the passage of the 1968 act's large government housing programs, albeit ones the private sector would implement. At other times in history, the undeveloped capacity of government agencies and the fragmentation of institutional power may have held back social policy, but in the late 1960s various authorities—the president, the federal housing department, a presidential commission, and Congress—collaborated to expand social-welfare housing with strong bipartisan support. The weakness of trade unions does not explain the policy shift because at a time of relative union strength, the leaders of organized labor forcefully endorsed the 1968 law. Racial prejudice did not thwart a program that would benefit African Americans; the program was aimed at improving the lives of inner-city blacks.
The fundamental assumption common to all these explanations is that conservatives foiled a social reform agenda, but in 1968 conservatives were not responsible for inserting private enterprise into social welfare policy. Rather it was liberals—liberal officials, labor leaders, and reformers—who invited businesses to join nonprofits in providing housing and urban programs subsidized by the government. They did so without abandoning their beliefs in public and nonprofit housing programs because they had confidence in the ability of the private sector to deliver a high volume of social benefits. The pro-business attitude that inspired the 1968 housing law as well as public-private partnerships helped popularize the neoliberal idea that for-profit companies could deliver social welfare not only in housing but also in schools, hospitals, and social service agencies. Hence, an accommodating attitude toward business contributed to American “exceptionalism” more than many observers have realized.Footnote 114
Analysis of the 1968 housing programs helps refine the concept of the “hidden welfare state” which scholars have identified as a key feature of social policy in the United States. The financing and implementing mechanisms increased the obscurity of social welfare in the U.S., but not through the tax expenditures that Howard and others have studied. Under the public housing program, the federal government appropriated funds to visible local government agencies, which created and managed easily recognizable low-income communities. In contrast, the 1968 low-income housing program subsidized interest payments on privately borrowed mortgage loans to nongovernment entities. That these nongovernment agents frequently developed stand-alone housing projects—in some cases resembling market-rate developments—made the program even less visible. Hence, the 1968 programs primarily used means other than tax expenditures, which—unlike the mortgage interest deduction—benefitted low-income—not middle-class—Americans. Eventually the U.S. did adopt a tax expenditure method, the low-income housing tax credit of 1986, which kept the housing subsidy as obscure as had the mortgage-interest-rate subsidies.Footnote 115
By delegating responsibility for low-income housing to diverse types of entities, the act took an ideologically pluralistic approach, an aspect of the American welfare state that is not widely recognized. Like their European counterparts, American liberals strongly favored the idea that, along with public agencies, nonprofit and cooperative groups should implement social welfare programs. Hence, like many European states, beginning in the 1960s the U.S. government entrusted nonprofit organizations with responsibility for developing and managing low-income housing projects. In the ensuing years, the nonprofit housing sector has grown in scale, scope, and efficacy; but it is still less important than in European nations, which rely heavily on nonprofit and cooperative housing organizations. In the United States liberal policy also utilized for-profit companies in social housing and public-private urban development projects. Indeed, unlike in Europe, private enterprise has developed and owned most of the social housing built in the United States since 1968. This history suggests the need for further research on the role of businesses, large and small, in the American welfare state, how and when for-profit firms have provided social welfare, and the institutional and political arrangements that supported such policies.Footnote 116
Furthermore, encouraging different kinds of agents to carry out low-income housing projects incorporated redundancy into American social housing policy. To the earlier government-run scheme known as public housing, the 1968 legislation added incentives for nonprofit groups, cooperatives, and for-profit firms to develop shelter for poor citizens. As a result, in many cities in the United States, the local housing authority, nonprofit organizations, and for-profit developers have built low-income rental communities, and both nonprofit and for-profit brokers have sold single-family homes to low-income households as well. Other sectors of the American welfare state, especially health care, have developed similar duplication and overlaps in the types of providers, which sets the United States apart from most other nations.Footnote 117
Finally, the dependence on private initiative and public subsidies created highly decentralized, open-ended processes that have produced almost infinite variations in the implementation of housing and urban policy. Each housing development was initiated by individual developers and required its own unique financing and subsidy package; each urban public-private partnership orchestrated its own project with a unique set of actors. The American approach since 1968 has been a far cry from—for example—the relatively orderly systems of British housing associations and French nonprofit and cooperative HLM (Habitation à Loyer Modéré) companies.
To critics, the sharp differences between American social housing policy and the traditional European welfare-state seem to place the United States at a great disadvantage. Despite wide variations in programs, most European nations began with a relatively strong and often centralized state role in providing welfare benefits. European states primarily relied on visible agencies—government authorities, nonprofit housing associations, or hybrids such as municipal housing companies—to develop and run social housing projects. In contrast, American social housing policy is highly decentralized, and the agents and subsidies are relatively anonymous. The use of for-profit companies is out of tune with social welfare traditions in Europe, whether socialist or corporatist in origin. In comparison to European practices, the American way of delegating responsibilities for social housing is inefficient, expensive, and disorganized.Footnote 118
However, it may be more fruitful to analyze the nature of particular interventions of the American welfare state, some scholars have observed, than to hold it up to the traditional European social welfare model. In the case reviewed here, the passage of the Housing and Community Development Act of 1968 created an unplanned and expensive housing policy. Although inefficient, however, redundancy in social policy potentially can broaden political support, provide opportunities for specialization, and—by betting on more than one horse—increase the chances of finding a viable approach to controversial goals such as low-income housing. As we have seen, the 1968 law locked in the support of political elites for social housing and spurred a vast increase in the volume of construction of low-income housing. Since the 1960s, public-private partnerships have carried out numerous projects that city governments by themselves were unable to do. And, in fact, since the 1980s many European nations have adopted market reforms that have moved their social housing policies closer to those that are in keeping with American practices.Footnote 119
These facts reveal different aspects of the American welfare state. Seen in this light, the housing and urban policies that the United States adopted in the late-1960s appear not only anomalous and messy but also innovative, flexible, and productive.