The commercial real estate dilemma

Luckily for banks, the commercial real estate time bomb just keeps on ticking.

Industry observers have issued dire warnings for more than a year, suggesting that lenders are on a collision course with potentially billions of dollars worth of commercial real estate losses.

But for all the gloomy talk, the fallout has remained relatively well contained.

Banks have already recognized about $50 billion in losses, or about 60% of the estimated cumulative losses, according to real estate research firm Foresight Analytics.

And despite a steep drop in the price of apartments, office buildings and industrial properties nationwide over the past year, there have been recent indicators to suggest that the market may have finally hit bottom.

After 13 months of consecutive declines, overall commercial property values climbed 1%, according to the most recent monthly reading by Moody’s/REAL Commercial Property Price Index.

Even well-respected bankers have offered a glass half-full outlook on the state of the commercial real estate market.

“Commercial real estate is a train wreck, but it’s already happened,” JPMorgan Chase (JPM, Fortune 500) chief executive officer Jamie Dimon said during a company-sponsored conference last month.

But some commercial real estate industry experts have been quick to caution that the problems aren’t over yet.

High-profile purchases that were made at the height of the real estate bubble have started to implode left and right. Last month, owners of New York City’s Stuyvesant Town and Peter Cooper apartment complexes went into default.

Farther south, lenders that helped finance the Four Seasons Resort and Club just outside of Dallas are moving ever closer to foreclosing on the swanky 400-acre property.

And with the nation’s unemployment rate still hovering at 10% and consumer spending still at sickly levels, it stands to reason that borrowers that deal in retail stores and office buildings will feel even more squeezed before long.

“Businesses just aren’t taking office space and consumers aren’t buying things at retail stores,” said Mark Riedy, the executive director for the Burnham-Moores Center for Real Estate at the University of San Diego.

That’s a deadly prospect for the thousands of community and regional banks nationwide that hold roughly $860 billion in commercial mortgages and construction and development loans.

Georgia’s Synovus Financial (SNV), Zions Bancorp (ZION) of Utah and Buffalo, N.Y.-based M&T Bank (MTB) are just a few banks whose loan portfolios are highly concentrated in commercial real estate, according to credit rating agency Standard & Poor’s.

But trying to gauge the scope of those problems has proven difficult as banks have been slow to recognize losses on many of those loans.

That’s because many lenders have not seen the need to foreclose on a borrower that is still current on their payments even if they are upside down on their loan, or owing more than their property is worth, experts said.

At the encouragement of industry regulators, banks have extended the terms of many of their commercial real estate loans, hoping that property values or occupancy levels will improve before long.

“There is an element of ‘extend and pretend’ going on,” said Tanya Azarchs, credit analyst and managing director for Standard & Poor’s. “It is in their [banks'] interest to do that.”

Unfortunately, the consensus is that neither prices nor occupancy rates will improve anytime soon.

Estimates published last November by the Urban Land Institute and PricewaterhouseCoopers suggest that commercial real estate vacancies will continue to increase in 2010, while prices could tumble further during the year. Prices could fall as low as half their peak levels from 2007.

If that happens, that would only darken borrowers’ hopes that banks will refinance their outstanding loans. And some $1.4 trillion is commercial real estate debt is expected to come due over the next three years.

Matt Anderson, partner at Foresight Analytics, said that can mean only one thing for banks: more losses.

“When you combine that with [property] value declines, you have a big problem,” he said

Restrictive Growth Management Was A Necessary Condition for the Housing Bubble

Mosca: In the executive summary of your policy analysis, “How Urban Planners Caused the Housing Bubble,” you wrote, “Everyone agrees that the recent financial crisis started with the deflation of the housing bubble” but let’s get into what caused the bubble and why is it so important to understand its root causes. How will this help us in the future to know the causes that relate to fixing the credit crisis?

O’Toole: A lot of people blame the Federal Reserve Bank for keeping interest rates low and the Community Reinvestment Act for encouraging lenders to offer loans to marginal homebuyers. If you look at the data for individual states and metropolitan areas, you find there was a big housing bubble in California and Florida but there were no housing bubbles in places like Texas and Georgia even though Texas and Georgia were growing faster than California and Florida. So, why did California and Florida have a bubble and Texas and Georgia not? If you look at it in more detail you find only about a dozen states had big housing bubbles, a few more states had smaller bubbles, but the vast majority of states did not have any bubbles at all. It turns out that the states with housing bubbles were all practicing some form of what urban planners call ‘growth management.’ Urban planners for decades have believed that it was important for people to be packed into small urban areas. These urban growth boundaries ended up boosting the price of land inside the city and making housing more expensive. There was another consequence. Normally, there is a competition between cities and between cities and counties over how to attract development. Cities and counties want to get tax paying development so they compete with one another and then try to make it easy for developers to get permits to develop vacant land. Once an urban growth boundary has been drawn that competition is heavily restricted and nobody can develop outside the boundary so then cities begin to say as long as people can’t go anywhere else, we might as well impose all kinds of restrictions and they develop an honourous permitting process that can take years to get a permit to put in a small subdivision. In a lot of cases they can make it impossible. They can make it so that there is a very high risk that you will never get a permit.

Mosca: Is there an example of this in our country?

O’Toole: One example of this is in Dallas, where it costs about $10,000 per home to get a permit to build but in San Jose, it costs $100,000 when you count the risk that you’ll apply for a permit and after 5 years you’ll never get one. The point is that these kinds of restrictions make housing more expensive. They not only make housing more expensive, they make housing prices more volitile. A small increase in demand can lead to a large increase in cost but a small decrease in demand can lead to a large drop. Instead of seeing housing prices grow slowly, we see these big bubbles and bursting of the bubbles and collapses and bubbles and collapses over and over again. We’ve already seen three major bubbles in California since these rules started being implemented in the 1970s.

Mosca: Your paper noted that in 2005 both Alan Greenspan and Ben Bernanke argued that there was no housing bubble and that people need not fear that such a bubble would burst. Do government officials, whether they are elected or appointed, rely on professionals like you, other professionals and associations, organizations, folks that have the street smarts when they make determinations, when they make future predictions and discuss policy decisions, and would statements like this be eliminated, eradicated, maybe better decisions would be made?

O’Toole: They made the classic error of looking at national data when really the bubbles were local. Unfortunately, by 2000 enough states had passed growth management laws that almost 45% of all housing in the country was effected by a bubble. Even though it was only about a third of the states, states like California and Florida are heavily populated and had a disproportionate influence over housing. Even though nationally it didn’t look like there was a bubble, there was a huge bubble in California, a huge bubble in Florida as well as Arizona, Oregon, Washington, Nevada and a handful of other states. Do local officials listen to people like me? No. It turns out that local cities and counties almost all have urban planners on their staff. My blog is called ‘The Anti-Planner’ because I think urban planners don’t have enough knowledge. Yet, they are considered the experts by politicians and their staffs. Most urban planners have never taken a serious course in economics or urban economics and they make these recommendations to draw urban growth boundaries and restrict development without thinking about what is going to happen to housing prices.

Mosca: What is the flip side of that?

O’Toole: They claim that they need to restrict growth or have compact development because they need to preserve farmlands. The United States has a billion acres of farmlands and they only use less than 400 million acres for growing crops. All of the cities and towns in the country are only about 100 million acres and they are no threat to our farmlands. The urban planners claim suburbs cause obesity and need to force people to live in higher densities so that they will walk more and drive less and not become obese.The data shows that the suburbs don’t cause obesity. There are only slight differences between suburbs and urban areas in terms of weight.

Mosca: Some say the bubble occurred because the Federal Reserve kept interest rates low?

O’Toole: If the Federal Reserve keeping interest rates low had caused the bubble then we would have seen a bubble in Houston and Dallas and Atlanta and Omaha and other cities but there was no bubble in those cities. In fact, it’s amazing to think about this but housing prices not only did not bubble in Houston, and as of the second quarter of this year, they haven’t even declined. The housing market there is alive and well and builders are responding to demand. There are many other major metropolitan areas where there has been virtually no decline in prices. Sales might have slowed a little bit but prices are still holding steady and that really shows that what the Federal Reserve Bank was doing with interest rates didn’t cause the bubble.

Mosca: Have there been other times in our history where interest rates were low and there were no housing bubbles?

O’Toole: If you look across the history, you see we did have some housing bubbles in the past but they were all in states that had some of these growth management laws. The difference between the past and today is that a lot more states have the laws whereas back in the ’70s only three or four states had them.

Mosca: Are you saying that these trends all go back to restrictive growth management policies?

O’Toole: That’s right. In 1961 Hawaii was the first state to pass a growth management law. In 1963 California passed a law that morphed into growth management. Then, in 1970 and 1973 Vermont and Oregon passed growth management laws. So, in the 1970s we had four states that had such laws in those four states saw big housing bubbles in the 70s and then a collapse in 1981 when the Federal Reserve bank increased interest rates in order to combat inflation. Then another housing bubble happened in the late ’80s and a collapse in the early ’90s in again these same states plus a couple more. Then, in the 1980s and 1990s a whole bunch more states pass these growth management laws including Washington and Florida and Arizona and they too had big bubbles in the recent episode. We had about one dozen to 15 states with big bubbles recently whereas before we only had three or four states.

Mosca: The second place many put the blame is the Community Reinvestment Act, stating that encouraging lenders to offer loans to “marginal homebuyers” caused this housing bubble?

O’Toole: If you look at the data, you see that a lot of the foreclosures are for people who received zero down payment loans. The Community Reinvestment Act and other pressures encouraged more homeownership but did not cause the housing bubble. Instead high housing prices in states like California and Florida led politicians to demand that the Federal Housing Administration, Fannie Mae and Freddie Mac make more loans or buy more loans that had less restriction. We had Fannie Mae and Freddie Mac starting to buy zero down payment loans, starting to buy loans with other less restrictions than they had used in the past and so that added into the housing bubble a little bit and made the consequences more serious although it didn’t cause the high housing prices in the first place. It was a response to the high housing prices. Instead of treating the source of the high housing prices, we treated the symptoms and that just made it worse.

Mosca: That’s important to clarify right there.

O’Toole: It’s not the only example of that. Urban planners saw the housing prices going up and convinced politicians to pass a new restriction called inclusionary zoning or mandated affordable housing where home builders were required to sell 15 to 20% of all their housing units at below market rates to low income buyers in order to “make or provide some affordable housing” but in fact all they were doing was making the overall housing market less affordable because builders of course responded to this by raising the prices of their other homes and building fewer units which added significantly to housing prices in cities that passed inclusionary zoning ordinances.

Mosca: I’m going to stay positive and say elected officials are trying to pass legislation, create ordinances, regulations, amendments, and zoning to help those who need and perhaps they do not look beyond what they are doing to the overall picture?

O’Toole: They need to start listening to people other than urban planners who don’t understand enough economics to fight their way out of a paper bag. Urban planners rely largely on the fads and myths about urban areas and because of these fads and myths their policy advice is terrible and led us into this terrible housing crisis that has caused this recession.

Mosca: What do you say to the people who blame “Wall Street” because they failed to properly assess the risks of sub-prime mortgages?

O’Toole: There is some blame to be handed out there but it’s interesting when normally you borrow money to buy a house the lender requires a 20% down payment and there is a good reason for that. Housing prices do fluctuate a little bit but they rarely fluctuate more than 20% over a few years. They rarely go down as much as 20%. Only if some economy totally collapses are you going to see housing prices go down by more than 20%. So, by requiring a 20% down payment, they are making sure that people do not get underwater. When you start imposing these growth management rules, you make housing prices more much more volatile and you start seeing swings where a 20% down payment isn’t enough to keep people from being underwater. Instead of maintaining or increasing the 20% requirement though both lenders like Freddie Mae and Fannie Mac or mortgage purchasers like Fannie Mae or Freddie Mac and then Wall Street went ahead and started buying mortgages that had less than 20% down payment, 10%, 5% and then eventually zero percent. Wall Street could be to blame but really the problem is that Fannie Mae and Freddie Mac started buying these loans at a 0% down payment. When Fannie Mae and Freddie Mac put their stamp of approval on it, then it became okay for Wall Street to do it. Wall Street didn’t assess the risk properly.

Green Building Reaches New Level With Nation’s First ‘Emerald’ Remodeling Project

A newly renovated home in Phoenix has become the first remodeling project in the nation to receive Emerald certification, the most stringent achievement level in the National Green Building Standard (NGBS). Building green, according to the NGBS, means incorporating environmental considerations and resource efficiency into every step of the home building and land development process to minimize environmental impact. That means that during the design, construction, and operation of a home, the home’s overall impact on the environment is taken into account.

“This project is an excellent example of what home builders and remodelers can accomplish with the National Green Building Standard,” said Joe Robson, chairman of the National Association of Home Builders (NAHB) and a builder and developer in Tulsa (OK).

The 1,600-square-foot, 70-year-old ranch house is in the Pierson Place Historic District near the city’s new light rail line. It is the first in a series of homes being renovated by Green Street Development, a Phoenix home building company specializing in environmentally sensitive design and construction. All are planned to meet requirements of the standard.

“If we are going to significantly reduce residential water and energy use, we need to retrofit and renovate the more than 120 million homes that use excessive amounts of these precious resources,” Robson said. “I’m proud of all the services we offer through our broad-based green building initiative, NAHBGreen, particularly the third-party certification of homes using the standard.” The National Green Building Standard is a rating and certification system for green residential construction developed by NAHB and the International Code Council and approved by the American National Standards Institute. It is administered by the NAHB Research Center, which also certifies local inspectors around the country.

All new and remodeled homes certified to the standard must meet benchmarks in energy, water and resource efficiency and indoor environmental quality and provide operations and maintenance information for their homeowners.

“The National Green Building Standard is the industry’s only national green rating system for remodeling, and using the standard’s Green Remodel Path is the streamlined way to achieve huge environmental benefits for the nation’s aging homes and cost savings for their owners,” Robson added.

In remodeling the home, Green Street reduced the Home Energy Rating — set at 100 for today’s new homes — from 178 to 68. It features new Energy Star-rated windows and appliances, water-efficient fixtures, upgraded heating, air conditioning and insulation systems, and native landscaping for even more water savings: The builder estimates the improvements should cut water use by 65 percent.

The home was inspected by Mick Dalrymple of a.k.a Green Services in Scottsdale (AZ), an NAHB Research Center-accredited verifier.

“The standard and the third-party certification process provide the home owner with assurance that this project has been inspected and verified to be authentically green,” said NAHB Research Center President Michael Luzier. “I commend Green Street for going the extra mile for the customer to seek the highest level of ‘greenness’ available in residential remodeling.” “The Emerald certification symbolizes our company mission of creating walkable neighborhoods, preserving existing structures, and supporting sustainable development,” said Green Street owner Philip Beere.