Rent control and zoning

No doubt the signing of the new rent control law has made a lot of Filipino home renters sigh with relief. Aside from the one-year moratorium, RA 9653 or the Rent Control Act of 2009 limits to seven percent the increase on units being rented at P10,000 until 2013. The law will primarily benefit those belonging to the lower income sectors who have been suffering from incessant (and sometimes unreasonable) increases imposed by landlords.

This is probably one of the reasons why Vice President Noli “Kabayan” de Castro continues to rate high in surveys because his Pag-Ibig ad strikes a chord among millions of Filipinos. The 30-seconder features a couple getting accosted by a cantankerous landlady who tells them the rent will increase again – much to the dismay of the husband who could only clench his fist in frustration. Enter Kabayan who tells them (in the vernacular) “Why rent when you can already own a house?”, followed by the information that people can avail of affordable units with 30-year mortgage plans.

So we now have a rent control law, but a more nagging issue is the fact that in this country, there is no such thing as a national zoning law. As far as I know, each local government has its own zoning ordinance but more often than not, these are not followed particularly when officials prefer to turn a blind eye on “generous” violators of such ordinances. Not many people are aware that zoning can affect their safety and wellbeing since it designates how land in certain areas should be used. Zoning laws can also limit the kind of structures that can be built in an area, how many should be allowed, how high etc. mainly to prevent new structures from intruding on existing ones.

In the US, zoning started in 1916 when people began complaining about the construction of the Equitable Building which, because of its height, dwarfed nearby structures and blocked the windows which in turn diminished natural light and deprived affected residents of sunlight. In other countries, zoning even includes the promulgation of “nuisance laws” that limit the kind of activity allowed in a certain area to make sure that these will not infringe on the rights of other people. “Nuisance” is something that can cause undue inconvenience, hardship or discomfort to others. For instance – a factory built in a residential area will certainly put the health of residents at risk. The same with discos where the nocturnal activities of its patrons plus the noise keep half the neighborhood awake until the wee hours of the morning.

Unfortunately in the Philippines, zoning is hardly – if ever – followed. Here, it seems like anybody can just build anything as long as they have the right connections. That’s why a lot of areas in Metro Manila have become eyesores, with old houses standing side-by-side with towering newly built condominiums, and residential areas teeming with commercial establishments. Nowadays, people can no longer tell if the area is high-end or low-end, residential or commercial.

This lack of respect for zoning laws has made Metro Manila such a mess. A metropolis meant for five million people now has to accommodate almost 13 million residents and all the corresponding problems like sanitation and garbage, water supply and not to mention the horrific traffic and pollution that people have to endure as a result.

What’s even worse is the proliferation of squatter colonies (or “informal settlements,” if you want to be politically correct) that pose health hazards even to nearby communities and contribute to the risk of natural disasters. A United Nations report cites the correlation between the rampant proliferation of slums and the increased risk of natural disasters such as floods and earthquakes, even mentioning Manila as an example. Loren Legarda who has long been advocating disaster risk management is right: government must strictly enforce building codes and zoning laws, to make sure land use policies will not result in increased risks of landslides or floods. Last year, the total economic cost of natural disasters was a staggering $180 billion.

One of the reasons why Metro Manila continues to have squatters is the presence of syndicates who give them protection in exchange for so-called “rental fees.” Unfortunately, the infamous “Lina Law” has made it difficult to evict illegal settlers because these people – who are in the first place violating anti-trespassing laws – must be “compensated” and provided with housing. And since housing is one of the problems, perhaps Joey Lina can accommodate all of them in his turf in Laguna. After all, he is the author of this law that seems to reward violators while punishing legal property owners.

Baguio has lost its charm even among residents because of haphazard development and unregulated construction. Sources say zoning laws are hopelessly outdated and are no longer applicable to the existing situation in the mountain city. The presence of schools in the center have exacerbated traffic and caused the mushrooming of small eateries, carinderias and other establishments that cater to the needs of students, many of whom come from outside the city.

The same is true with Tagaytay with the marketplace and commercial establishments juxtaposed with residential areas. People who still think Tagaytay is clean and pollution-free are sorely mistaken because the horrendous traffic particularly along the main road is definitely bad not only for your health but your temper as well.

Rent control may be good especially for those belonging to lower income groups. But at the end of the day, what is more important are zoning laws because aside from preserving the character of a place, they can also help distinguish between a high-end and a lower-end area which can ultimately dictate how much rent people should be paying in the first place. –Babe Romualdez, Philippine Star