HOUSING MARKET ANALYSIS - Supply and Demand Pacey Economics, Inc. January 6, 2015

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HOUSING MARKET ANALYSIS
              Supply and Demand

              Pacey Economics, Inc.
                    January 6, 2015
EXECUTIVE SUMMARY

Concerns over the lack of condominium construction in the Denver area have led some to
allege fault in the existing construction defect laws, and to argue that further limiting a
homeowners’ avenue for remedies will reduce costs to builders, who will then choose to
construct more condominiums in the Denver area urban centers. However, a careful analysis
reveals that the reasons for the lack of condominium construction are the current low
demand for such housing and stricter financing qualifications for builders and owners, both
of which are primarily consequences of the recent recession and the credit market scandal
and upheaval, and not construction defect costs. As will be demonstrated in this report, the
lack of demand resulted in low condominium sales prices, making apartment construction
more profitable in the Denver urban centers.

    Denver Area Apartment Value                                  The market value of apartments relative to
    Relative to Detached Home Value                              detached homes has grown steadily since 2006,
                                                                 creating a clear market incentive to build
     100.0                                                       apartments. Further, our observations on
                                                                 historical condominium prices from various
      95.0                                                       data sources (i.e., housing market data
                                                                 websites) indicate the growth in apartment
      90.0
                                                                 values relative to condominium values has been
      85.0
                                                                 even greater than to detached housing. (We are
                                                                 seeking permission to reprint this information.)
      80.0
          2000            2005            2010

   Sources: U.S. Federal Reserve; Colorado Department of Local
   Affairs, Division of Housing

These market conditions are not unique to Denver, but have been a nationwide phenomenon in
cities where rapid apartment building and rising rents have become the norm over the past several
years.

The following chart shows there was a surplus of condominiums constructed in 2009 (reflected in
the increase in the number of unsold units). In response to the slow sale of condominiums during
that period is the supply response of reduced construction, reflected locally in the dramatically
reduced number of permits (which may or may not result in actual buildings) issued for
condominium construction in the Denver area between 2006 and 2013. The chart also shows that
condominium building activity in Denver parallels that of the Western region of the U.S. Also,
(although not shown on the chart) the behavior of condominium completions for the U.S. is nearly

                                                                                                                    i
identical to that of the Western region trend (just larger volume). Of note, the shift between the
Denver permits and Western completions likely reflects the time it takes, from one to two years,
for a building to be completed after a permit is issued.

                                                             Condominium Completions & Sales

                                                 30,000                                                   3,000
                Condos Completed - West Region

                                                 25,000                                                   2,500

                                                                                                                  Condo Permits - Denver
                                                 20,000                                                   2,000

                                                 15,000                                                   1,500

                                                 10,000                                                   1,000

                                                  5,000                                                   500

                                                     0                                                    0
                                                      1995        2000          2005           2010

                                                              Condos Completed - West Region
                                                              Condos Not Sold in 6 Months - West Region
                                                              Denver Condo Permits

                              Sources: U.S. Census Bureau (Western Region includes CO, NM, WY, MT, AZ, UT, ID,
                              WA, OR, NV, CA and AK); Denver Metro Area Housing Diversity Study

It is an economic reality that the 2008 financial crisis and the residual effects from the Great
Recession resulted in low demand for many goods and services, including housing products.

Stringent lending requirements, typically manifested in higher down payments and higher
credit scores, plus increased origination fees and mortgage insurance premiums that were
put in place following the housing bubble served to correct some of the lending issues BUT
also led to increased difficulty in qualifying for home ownership (i.e., reduced demand). The
charts below illustrate the negative impact of the lending requirements on changes on
housing ownership.

Higher Down Payments

 $25,000
 $20,000                                                                                  If a buyer could have purchased a
 $15,000                                                                                  $200,000 home with a 3% down payment,
 $10,000                                                                                  but now must put 10% down, this will
  $5,000                                                                                  result in additional closing costs of
     $0                                                                                   $14,000.
             3% Down                                      10% Down
             payment                                       payment

                                                                                                                                           ii
Initial Fees and Charges on Conventional 30
Year Fixed Rate Non-Jumbo Single Family Loans
                                                                  Initial fees and charges for conventional
          2.00
                                                                  loans have increased from 0.45% in 2005 to
Percent

          1.60                                                    1.30% (nearly three-fold) in 2014. Although
                                                                  seemingly small on a $200,000 mortgage,
          1.20
                                                                  this increase will amount to an additional
          0.80                                                    $1,700 up-front charge to the homebuyer.
          0.40

          0.00
                 1990 1994 1998 2002 2006 2010 2014

                       Initial fees and Charges (%)

Source: Federal Housing Finance Agency

Mortgage Insurance Premiums for FHA Loans
with Terms Greater than 15 Years                                  Annual premiums for FHA loans increased
1.6%                                                              from a low of 0.50% circa 2008 to current
                                            1.30%
                                                                  annual rates of 1.30% (more than double).
1.2%                                                              Also, the time required to pay the mortgage
                                                                  insurance premium was dramatically
0.8%                                                              increased resulting in further long term costs
                      0.50%
                                                                  to the buyer. Because many FHA loans are
0.4%
                                                                  for buyers who cannot afford a large down
                                                                  payment, these costs substantially increase
                                                                  the cost of owning a home. In our example,
0.0%
                      2008                    2013                a .80% increase on a $200,000 purchase will
                                                                  add another $1,600 annually.
Source: U.S. Department of Housing and Urban Development;
Rates represent the minimum.

Average Weighted Credit Scores for Freddie
Mac 30-Year Fixed Rate Loans                                      Further, mortgage companies Freddie Mac
                                                                  and Fannie Mae now require higher credit
780                                                   766         scores to be eligible for a conventional loan.
                                           763              762
                                                                  (The same is true for FHA loans which are
750                                     741                       typically more applicable to first-time
                                                                  homebuyers). The higher credit score
                         725
             712
                                                                  requirements remove a subset of the
720
                                                                  population that would otherwise be willing
                                                                  to buy a home.
690

660
           1999      2002      2005    2008      2011

Source: Freddie Mac

                                                                                                                   iii
In addition to the more stringent lending requirements, depressed wages and high
unemployment over the past several years, consequences of the 2008 recession, made
homeownership of any kind less affordable across all ages, and to first-time homebuyers in
particular.

Current Real Income as a Percent of Real
Income from Approximately a Decade Ago
                                                                Every age group has experienced some loss
                                                                of purchasing power, but the greatest
                                                                reduction is for the younger generation
   100%
                                                                (generally first-time homebuyers) whose
       90%                                                      real income is only 82.7% of what they
                                                                earned approximately a decade ago. These
       80%                                                      lower real incomes result in a downward
                                                                “shift” in the demand for housing, as well as
       70%
                                                                other goods and services.
       60%

       50%
                   26-30   31-40   41-50   51-60   61-70
                                   Age

Source: Bureau of Labor Statistics: Current Population Survey

Unemployment Rates                   for   the     Denver
Metropolitan Area                                               In addition to falling real income, the
                                                                recession resulted in high unemployment
           10
                                                                rates in the Denver metropolitan area (as
            9
 Percent

                                                                well as nationally).
            8
            7
            6
            5
            4
            3
            2
            1
            0
                2000   2003   2006    2009     2012

Source: Bureau of Labor Statistics

                                                                                                                iv
Colorado Unemployment Rates by Age

  40%                                                                                                  When sorted by age, younger workers
                                                                                                       (again, the most likely to be first time
  30%
                                                                                                       buyers) have experienced and continue to
  20%                                                                                                  experience higher rates of unemployment.
  10%

   0%

                             Age

Source: Bureau of Labor Statistics

Further aggravating these factors are the natural demographic changes that are taking place
in our society. The Millennials are coming to the age where home buying traditionally begins
to take place. However, due to a myriad of factors including increased student debt,
decreased marriage rates and p o s t p o n e d c h i l d b e a r i n g , younger generations are
delaying forming households of their own, further dampening the demand for
homeownership.

Average Debt of Colorado Four-Year Graduates

 $25,000                                                                                               The average debt of Colorado four-year
                                                                                                       college     graduates     increased      from
                                                                                                       approximately $15,000 in 2004 ($18,200 in
 $20,000                                                                                               2012 dollars) to nearly $25,000 in 2012 (the
                                                                                                       most recent year of available data), over a
                                                                                                       one-third increase in real dollars. Such debt
 $15,000                                                                                               decreases the demand for housing, given the
                                                                                                       debt-to-income requirements of lenders, as
                                                                                                       well as the common sense of consumers.
 $10,000
             2003-04

                       2004-05

                                 2005-06

                                           2006-07

                                                     2007-08

                                                               2008-09

                                                                         2009-10

                                                                                   2010-11

                                                                                             2011-12

                                                               Academic Year

Source: College Insights

                                                                                                                                                       v
Likelihood of a 26-30 year old Owning a Home by
Marital Status

               Married         Never Married            Marriage     is    highly   correlated      to
                                                        homeownership and married individuals
 60%                                                    ages 26 to 30 are more than twice as likely to
 50%                                                    purchase a home as those who have not
 40%                                                    married.
 30%
 20%
 10%
   0%
               National               Colorado

Source: Current Population Survey

Likelihood of a 26-30 year old Being Married

                    National                 Colorado
                                                        However, the percentage of those aged 26
100%
                                                        to 30 and married has fallen in Colorado
  80%                                                   from approximately 75% in the 2000s to 50%
                                                        today. The reduced number of young,
  60%                                                   married individuals is yet another reason for
                                                        the decrease in the demand for home
  40%
                                                        ownership in the Denver metro area.
  20%

   0%
        1970    1980      1990        2000       2010

Source: Current Population Survey

Likelihood of an Urban 26-30 Year Old Living in their
Parent’s Home

                                                        Also, the percent of 26-30 year olds living at
                  Colorado              National
                                                        home has increased by some 30% in the last
 18%                                                    decade in Colorado, consistent with the
 15%                                                    trends in national data.
 12%

   9%

   6%

   3%

   0%
        1977     1987          1997      2007

Source: Current Population Survey

                                                                                                         vi
It is another economic reality that when construction costs rise, supply will decrease. Labor
 costs, materials costs, and construction insurance premiums (as well as the costs of remedy
 or the costs of potential lawsuits), all affect the costs of building and ultimately, the
 profitability to the builder.

Annual Payroll per Employee in the Construction
Industry
                                                       The average pay of an employee in the
                    National                Denver     construction industry steadily increased from
                                                       2005 to 2012. Construction labor costs for the
  55,000                                               Denver Metro area have been substantially
                                                       more (15 to 20%) than the national average for
  50,000
                                                       this class of worker, increasing Denver area
                                                       builders’ overall costs relative to the national
  45,000
                                                       market.
  40,000

  35,000

  30,000
           2005       2007           2009       2011

Source: County Business Patterns, US Census

Producer Price Index of New Construction

220                                                    The Producer Price Index is a more general
210
                                                       measure of new construction costs. This
                                                       index includes all of the costs of building
200                                                    (e.g., labor, materials) weighted by their
190                                                    respective usage. The Producer Price Index
                                                       shows that the costs of new construction
180
                                                       increased by more than 20% from 2006 to
170                                                    2013, putting downward pressure on the
                                                       overall supply of housing.
160

150
   2006           2008         2010           2012

Source: Bureau of Labor Statistics

The data illustrated in the previous charts show that costs have increased for builders in
recent years, which will negatively impact both the supply of housing products as well as
the profits to developers and builders.

                                                                                                          vii
Construction insurance premiums and costs of construction defects and/or associated
litigation are factors that impact the supply of housing, with increased (decreased) costs
having a negative (positive) impact on the supply of housing.

           However, we were unable to obtain relevant empirical data to ascertain the trend
           of insurance premium costs (and associated coverage) or litigation costs.

           These data exist but are only available from the developers/builders who claim
           the current construction defect laws make building condominiums exorbitantly
           expensive (apparently because litigation or the threat of litigation).

           While this data could be voluntarily produced by the industry or gathered
           through legislative action, neither has occurred to date.

Importantly, a careful analysis (the details of which are provided in the body of this study) of
construction defect statutes across the nation shows that Colorado laws are quite similar to
(and less onerous to the Colorado developer/builders) than those in many other states. In
addition, we observe that:

          If, in fact, lawsuits or the threat of lawsuits or high insurance rates are the reason
           for reduced condominium construction, then the proper solution is to
           preemptively prevent construction defects from occurring.
          Preventing construction defects can be accomplished with quality control
           processes that have been developed over the last several decades and utilized by
           apartment owners and other industries that require quality assurance to their
           customers. Providing quality control is a normal cost of business.
          The solution to construction defect issues is not to make it easier to allow poor
           workmanship or construction defects and then shift the subsequent costs to
           unsuspecting consumers.

The earlier report by Environmental Planning Systems (EPS) found the Colorado construction
defect statute(s) are likely to increase the cost of a condominium construction per $15,000
per unit and such a cost increase would deter the construction of condominiums in Denver
urban centers. We found NO empirical evidence to support such a claim and we must
STRONGLY DISAGREE.
Even if one is willing, for the sake of the argument, to assume a $15,000 per condominium
unit cost increase (remember we do not believe this can be supported) due to increased
construction insurance premiums because of potential construction defect litigation, the EPS
claim cannot be supported for reasons outlined below:

                                                                                                    viii
Consider a potential homeowner who is willing and able to purchase a $200,000
condominium unit but, because of the increased costs (from increased insurance premiums
due to construction defect litigation), the price is now $215,000 (i.e., the full cost is passed
on to the home buyer).

      This new homeowner will have to amortize the $15,000 into a 30 year mortgage which
       will amount to approximately $750 more in annual payments for the homeowner. EPS
       seems to claim this will deter all construction by builders of condominiums.
      Now consider this new homeowner faces a 10% down payment rather than a 3.0%
       down payment, requiring $21,500 cash upfront rather than $6,450 or $15,050 more
       cash needed for a down payment. This is a more dramatic barrier to purchase than
       the additional $750 per year if the full cost of the builder’s insurance premium is
       passed on to the new homeowner.
      Now further consider, as noted above, that there is also an increase in the origination
       fee which increased approximately 75 basis points in recent years (since 2007/2008)
       adding $1,600 more in upfront costs and a mortgage insurance premium with an 80
       basis point increase over the same time frame adding an additional $1,720 in annual
       costs to the homeowner. Both are clearly more limiting for a potential homeowner
       than the amortized annual cost of the fully passed on cost of the claimed cost of
       construction defect litigation.
      Finally, consider the earnings of likely first time buyers (26-30 year olds ) today is
       only 83% of the earnings (real) of their counterparts a decade ago BUT housing prices
       have increased, obviously making home ownership even more difficult.

Clearly, the increased down payment, origination fees, mortgage insurance premiums,
reduced real earnings are all more significant financial deterrents to home ownership than
any barrier from construction defect laws.

                                                                                                   ix
The good news for the housing market is that economic activity is finally on the upswing in
Colorado and across the nation, allowing demand to rekindle and market forces to provide
both the demand and supply incentives necessary to induce condominium construction.
              Also good news, markets are continuing to correct, unemployment rates
               are reaching more normal levels, the economy is sustaining its recovery, and
               incomes are starting to rise.
              Further good news, banks are beginning to loosen their lending requirements
               and interest rates still remain at low levels allowing the market to feed an
               increase in the demand for housing products.
              Also, if the Millennials’ delay in home buying is “pent-up” demand, there will
               be a natural increase in the demand for housing products once they begin to
               marry and have children.

Ultimately, when the price is right, which is determined by demand and supply in a market
economy, developers/homebuilders will focus on constructing condominiums again.
(Moreover, if there really was an unmet demand for condominiums, apartments can be
converted to condominiums.)
          The demand for condominiums appears to be gaining momentum as prices of
           condominiums are on the rise, which will result in more condominiums being built
           as a part of the normal market process.
          In fact, there are a half-dozen or more condominium projects either currently
           being developed or in the planning and processing stages.

Limiting or restricting a homeowner’s avenue to remedy a construction problem by changing
the Colorado construction defect statute will not make the costs of repair go away.
          Modifying the statutes will only shift the remedy costs to the individual
           homeowner and/or future homeowner (via increased cost and/or reduced
           property value), who had no way of knowing of this defect prior to purchase of
           the housing unit.
          In addition to shifting costs to the individual homeowner, the property value of
           the entire complex will be reduced if the other owners have similar issues.
          There is a further negative ripple effect from an individual homeowner to a
           complex or neighborhood of homeowners to the overall community as property
           values fall, lowering property tax values, and ultimately lowering city revenues and
           services.

                                                                                                  x
The Colorado construction defect statute serves two public policy purposes:
          It assures homeowners or potential homeowners that there is an avenue to seek
           remedies for poor quality construction issues; and
          It signals to developers/builders that they are responsible for the production of
           their product.

The construction defect statute serves the same purpose as the quality control requirements
in every industry, whether it is in the manufacturing of automobiles, aircraft, toys, agriculture,
etc. That is, as a consumer has no way to assess the product quality (or safety) of a product,
be it a home, a toy, an airline flight, procedures are in place through our regulatory or legal
system to insure that the consumer receives the product as advertised. Without quality
controls and avenues to remedy a problem, markets will not work efficiently.

                                                                                                     xi
TABLE OF CONTENTS

SECTION I:     INTRODUCTION

SECTION II:    THE MARKET FOR HOUSING

SECTION III:   BASIC ECONOMICS OVERVIEW

SECTION IV:    FACTORS AFFECTING DEMAND FOR AND SUPPLY OF HOUSING

               TABLE I:     FACTORS AFFECTING THE DEMAND FOR HOME OWNERSHIP
               TABLE 2:     FACTORS AFFECTING THE SUPPLY OF HOMES
               FIGURE 1:    CONDOMINIUM COMPLETIONS AND SALES
               FIGURE 2:    TOTAL HOME MORTGAGE APPLICATIONS FOR 1-4 UNIT FAMILY DWELLINGS
               FIGURE 3:    DENVER AREA APARTMENT VALUE RELATIVE TO DETACHED HOME VALUE

SECTION V:     THE KEY DETERMINANTS IN THE DEMAND FOR HOUSING

               FIGURE 4:    CURRENT REAL INCOME AS A PERCENT OF REAL INCOME FROM APPROXIMATELY A DECADE AGO
               FIGURE 5A:   UNEMPLOYMENT RATES FOR THE DENVER METROPOLITAN AREA
               FIGURE 5B:   COLORADO UNEMPLOYMENT RATES BY AGE
               FIGURE 6:    PERSONAL SAVINGS AS A PERCENT OF DISPOSABLE INCOME
               FIGURE 7:    AVERAGE DEBT OF COLORADO FOUR-YEAR GRADUATES
               FIGURE 8:    TOTAL HOME MORTGAGE LOAN APPLICATIONS FOR 1-4 UNIT FAMILY DWELLINGS
               FIGURE 9:    FANNIE MAE SINGLE FAMILY LOANS
               FIGURE 10:   AVERAGE WEIGHTED CREDIT SCORES FOR FREDDIE MAC 30-YEAR FIXED RATE LOANS
               FIGURE 11:   AVERAGE WEIGHTED CREDIT SCORES FOR FANNIE MAE SINGLE FAMILY MORTGAGES AND PERCENT
                            OF LOANS WITH A CREDIT SCORE BELOW 620
               FIGURE 12:   INITIAL FEES AND CHARGES ON CONVENTIONAL 30 YEAR FIXED RATE NON-JUMBO SINGLE FAMILY
                            LOANS
               FIGURE 13:   MORTGAGE INSURANCE PREMIUMS FOR FHA LOANS WITH TERMS GREATER THAN 15 YEARS
               FIGURE 14:   INTEREST RATES ON CONVENTIONAL 30 YEAR FIXED RATE NON-JUMBO SINGLE FAMILY LOANS
               FIGURE 15:   LIKELIHOOD OF A 26-30 YEAR OLD OWNING A HOME BY MARITAL STATUS
               FIGURE 16:   LIKELIHOOD OF A 26-30 YEAR OLD BEING MARRIED
               FIGURE 17:   LIKELIHOOD OF AN URBAN 26-30 YEAR OLD LIVING IN THEIR PARENT’S HOME
               FIGURE 18:   PERCENT OF URBAN COLORADO POPULATION IN THEIR TWENTIES (20-29)
               FIGURE 19:   LIKELIHOOD OF HOME OWNERSHIP BY ETHNICITY – 2014
               FIGURE 20:   PERCENT OF THE URBAN POPULATION THAT IS A MINORITY (NON-WHITE AND/OR HISPANIC) IN
                            URBAN COLORADO

                                                                                                             xii
SECTION VI:     THE KEY DETERMINANTS IN THE SUPPLY OF HOUSING

                FIGURE 21: LAND VALUES (HOME VALUE MINUS STRUCTURE COST) BY YEAR
                FIGURE 22: ANNUAL PAYROLL PER EMPLOYEE IN THE CONSTRUCTION INDUSTRY
                FIGURE 23: PRODUCER PRICE INDEX OF NEW CONSTRUCTION

SECTION VII:    CRITIQUE OF EPS FINDINGS

SECTION VIII:   CONSTRUCTION DEFECTS STATUTES

SECTION IX:     THE DEMAND FOR CONDOMINIUMS IN PEER CITIES

                FIGURE 24: PERCENT OF PAYROLL THAT IS PROFESSIONAL, FINANCE, MANAGEMENT, OR INFORMATION, IN 2012
                FIGURE 25: LAND VALUES IN 2014 (HOME VALUE MINUS STRUCTURE COST)

SECTION X:      CONCLUSIONS/FINDINGS

SECTION XI:     AVENUES TO REACH GOALS OF METRO VISION 2035

APPENDIX A:     CITES AND SOURCES

APPENDIX B:     FIRM OVERVIEW AND AUTHOR BIOGRAPHIES

APPENDIX C:     SUMMARY CHARTS

                                                                                                              xiii
I. INTRODUCTION                           MetroVision 2035 sets an overall goal
                                          to accommodate fifty percent (50%) of
As the country focuses on building for    the region’s new housing and seventy-
the future, many cities, including        five percent (75%) of new employment
Denver, are working to accommodate        in urban centers by 2035. This goal is
population increases in a sustainable     intended to include a mix of housing
manner so that the generations to         that matches the ages, incomes, and
come can prosper economically with a      preferences of our diverse population.
high quality of life while conserving     Such a mix includes single-family
natural resources. The Denver             homes, townhouses, condominiums,
Regional Council of Governments           and apartments planned around
(DRCOG) brings together counties and      transit oriented developments (TODs)
municipalities from Denver and the        to increase housing/urban density.
surrounding areas to address regional     Importantly, attracting these housing
issues with a focus on avenues to         products will require new and quality
improve economic prosperity and           employment opportunities within the
enhance the quality of life for its       region as well as amenities such as
citizens. DRCOG’s current MetroVision     parks, shopping, etc.
2035 seeks sustainable development
through collaboration that provides       DRCOG recognized the need to
housing, employment opportunities,        understand the characteristics of the
improved transportation and personal      high density housing market in order
mobility, and diverse shopping and        to accomplish the goal of creating a
community activities for residents of     concentration of jobs, housing,
all ages and incomes.                     shopping, and community activities
                                          oriented around TODs. To gain a better
A major topic of agreement within         understanding of high density housing,
MetroVision 2035 is the need to curb      DRCOG commissioned Environmental
urban sprawl by increasing urban          Planning Systems (EPS) to research and
density, particularly around transit      identify the factors and economic
oriented developments (TODs), in          conditions that contribute to housing
order to provide the amenities and        development generally and specifically
lifestyle opportunities associated with   within the Denver metro area. The EPS
mixed-use pedestrian development          study reached two major conclusions.
(supported by transit services). Such
development will not only reduce             The first is that while there has been
vehicle congestion and miles driven,          a resurgence of multi-family
thereby improving air quality, but will       construction in the Denver metro
also improve many other aspects of life       area (obvious to anyone who has
for our citizens.                             traveled in the area), most of this
                                              construction in recent years has
                                              been for apartments and little is for
                                              condominiums.

                                                                                       1
   The second EPS conclusion is that,      how to move the Denver area toward
    while numerous factors impact the       the goals set forth in MetroVision
    market for apartments and               2035.
    condominiums, the root cause of
    the decrease in condominium             We explain the basic economic
    construction is the cost associated     principles involved in the housing
    with construction defects liability.    market and identify the key factors
                                            underlying the demand for and supply
Various constituencies have taken           of housing products. We then
issue with the EPS study in general and     collected more detailed and more
the conclusion regarding construction       specific empirical data to evaluate the
defects specifically. Professor Emeriti,    impact of these factors on the Denver
Larry Singell, Sr. and Jane Lillydahl of    metro housing market. In the end, we
the University of Colorado, Boulder         concur with professors Singell and
economics department were retained          Lillydahl, and must strongly disagree
to evaluate the EPS analysis. The           with the EPS findings that construction
professors were very critical of the EPS    defect liability issues stemming from
study, noting that it relied upon little    the statute is the root cause for the
or no data, biased information, and ad      lack of condominium construction in
hoc analyses resulting in narrow and        the Denver area urban centers and,
misleading findings.                        rather, we find that:

Further, the Singell and Lillydahl report      The      reason      for    limited
urged that the EPS report not be the            condominium construction over
basis for any new legislation without           the past few years in the Denver
more rigorous analysis, as the                  Metro area is due to a simple
unintended market consequences of               economic principle—a decrease in
providing additional protection to              the demand for condominiums
developers      against     construction        (i.e., there are fewer buyers
defects litigation are to increase the          willing and able to purchase
likelihood of construction defects and          condominiums at market price).
to shift the costs of construction              The decreased demand for
defects to buyers.                              condominiums includes factors
                                                such as lower real incomes, stricter
The Pacey Economics, Inc. study was             lending requirements and greater
commissioned to perform a more                  costs for mortgage fees and
rigorous and more empirically based             insurance, greater amounts of
analysis of the market for housing              student debt, and lower household
products in the Denver Metro area and           formations, among others.
also to provide recommendations on

                                                                                  2
   Apartment construction has been        The remainder of this report
    on the upswing in recent years as      documents the analyses supporting
    the demand for apartments has          our conclusions that it is the decrease
    increased relative to the demand       in condominium demand from
    for condominiums for reasons           decreased real income, increased
    listed above as well as others         lending requirements and home
    detailed in Section V, resulting in    mortgage costs, later household
    more profitable rental markets.        formations, among other key factors,
                                           that has driven the lack of
   Peer cities (i.e., cities comparable   condominium construction, and not
    to Denver in terms of population,      construction defects per se.
    age and income distribution,
    industry mix, land area, etc.)         The good news, also to be discussed in
    experienced similar decreases in       this report, is twofold: the 2014 data is
    condominium construction which         showing a healthy increase in
    affirms market forces other than       condominium permits as the economic
    construction defect liability are at   recovery is buttressing the demand for
    play. Notably, San Francisco is not    condominiums and there are more
    and should not be considered a         effective public policy decisions
    “peer city” given the substantial      available to advance the goals
    differences in income and industry     expressed in MetroVision 2035.
    mix as well as land values and
    housing density (which will be
    addressed later in this report).

   Colorado statutes related to
    construction defects do not create
    more risk for construction
    companies than those in other
    states. Our findings, discussed in
    Section VIII, show no substantial
    differences in the statutes relating
    to construction defects and its
    remedies that would have a
    meaningful         impact         on
    development trends. Indeed,
    Colorado appears to have a healthy
    balance falling within the mid-
    range criteria, when compared to
    other states

                                                                                  3
II. THE MARKET FOR HOUSING                       conditions such as financing
                                                 options while the stock of housing
Unlike the movie Field of Dreams                 is relatively fixed in the short run as
where a voice whispers to Kevin                  it takes time for new housing to be
Costner “if you build it, he will come;”         constructed.
in the real world construction does not
guarantee a buyer. Rather, people               That is, the supply of housing is
come to markets only if the interaction          slow to change, but changes in
of supply and demand leads them                  demand are almost instantly
there. The basics of the market for              reflected in market price. In times
housing are described below.                     of decreased demand, prices will
                                                 fall quite quickly, and construction
   The supply of housing is dependent           will slow or cease (as has occurred
    on the cost of land, labor, and              since the 2008 Great Recession).
    materials as well as overhead costs          However, once demand recovers
    (which include, among others,                (which it ultimately will do since
    costs associated with construction           the demand for housing is directly
    defects). Most single family homes           linked to population growth), sales
    can be built in a few months, but            prices will rise and developers will
    several years can pass between the           resume construction.
    conception and completion of a
                                                However, it is important to
    multi-family structure. Because of
                                                 recognize the time lags required
    the time required, the decision to
                                                 for new housing construction.
    build housing depends on the price
                                                 Prices must rise long enough for
    developers expect to receive in the
                                                 developers to be convinced that
    future. Of course, expected future
                                                 the increase will continue into the
    prices are more uncertain but
                                                 future, and then time is required
    highly related to current market
                                                 to actually build the structures.
    prices.
                                                 Therefore, modest increases in
   Housing demand is dependent on a             demand (e.g., a few consumers
    multitude of factors including               here and there desiring a
    income, age, marital status, credit          condominium) are not sufficient
    availability, etc. Contrary to supply,       to provide the financial incentives
    the decision to buy (or rent) a              necessary    to     induce     new
    home is largely based on the                 condominium construction.
    prevailing market price.
                                             There is no argument in the economic
   Housing demand tends to be more          profession about these basic principles
    sensitive to current market              associated with the interaction of

                                                                                      4
supply and demand. Thus, the reduced          both willing and able to purchase a
demand for housing ownership will, as         housing product of their choice, i.e.,
described above, reduce the price of          there is a demand for such housing.
the product, NOT the cost of the
product, making it less profitable for        That said, the overall demand for
suppliers (developers) to build for           ownership has been weak over the
ownership vis-à-vis rental.                   past several years. However, as the
                                              population requires some kind of
Since 2008, the demand for housing            housing, the alternative product is
products has been impacted by more            renting and, not surprising, the
strict lending requirements, tougher          demand for rental units over this same
credit scoring, increased household           time frame has been strong. And
and student loan debt, slow or no             strong demand for rental properties
growth in wages, etc., all reducing the       will increase its prices and increased
able component of the demand for              prices will generate the opportunity
housing, which, in turn, negatively           for increased profits to the suppliers
affects the price a buyer is willing to       (developers)—inducing      them      to
pay for housing.                              construct apartments.

The      increased      uncertainty      in   This is a major reason for developers
employment stability, the desire or           and builders constructing apartments
need for mobility, later age for              as opposed to ownership units; profits
marriage rates, changes in the ethnic         are better for apartment construction
composition with an older age for             because      the    basic   economic
home ownership, the reduced                   determinants that generate increased
(perceived or real) opportunity to            demand for housing ownership have
“flip” a property, etc. also play a role as   been extraordinarily weak over the
these factors impact the willing              past several years.
component embedded in the demand
for housing. The trend of these
demographic attributes all serve to
dampen the demand for housing
ownership, which, in turn, negatively
affects the price a buyer is willing to
pay for housing. Notably, there
appears to be no lack of housing
products available (detached or
attached) at high end prices (which are
down but still active in the market) as
in this sector of the market buyers are

                                                                                   5
III. BASIC ECONOMICS: AN OVERVIEW                     Step 1: Demand

                                                                         The downward sloping line is the demand
The following discussion is a bit                                         (D) for a housing unit. The demand line
academic but is designed to offer a                                       tells us how many units will be
visual illustration of the impact of a                                    “demanded” at specific prices.
factor that affects the demand for or
supply of housing products. The graphs                                   As an example, at $400K there is a
                                                                          demand to buy 100 housing units; while at
below offer a simple economic primer
                                                                          $100K there are some 250 housing units
on how, given other things remaining                                      to be purchased.
unchanged, impacts on demand and
supply affect the price and quantity of
a good sold. Following these graphs, in                                   $600

                                                      Price (Thousands)
Section IV, are Tables I and II which
                                                                          $500
identify the key determinants (factors)
in the makeup of the demand for and                                       $400
supply of housing and the direction
                                                                          $300
these factors will have on price and
quantity (again, without changing                                         $200
other factors).
                                                                          $100

First let us review the market demand                                       $0
for housing. This example considers                                              0   50   100   150    200 250 300
                                                                                                      Quantity Demanded
housing       generically   but     this
phenomenon applies to any housing
product. (This example does not go
into the machinations of how the                      Step 2: Shift in Demand
market demand is actually calculated
or explain the concept, it doesn’t need                                  Let us now assume the lending
to; suffice to say it is common sense                                     requirements are tightened such that
                                                                          instead of a 3% down payment being
that there are fewer high income                                          required it became (almost overnight) a
households relative to middle and                                         10% down payment required.
lower income households and hence
there would naturally be fewer high                                      An increase in the required down
priced housing units.)1                                                   payment (nothing else in the economy
                                                                          changing) will mean, most, if not all
                                                                          consumers will be able to purchase less,

1
    For more explanation of the machinations of the          Demographic Shift From Single-Family to Multi-
    housing market please reference “The                     Family Housing” by Jordan Rappaport, Federal
                                                             Reserve Bank of Kansas City.

                                                                                                                      6
generally, across all levels of income and      demanded for housing units at all
                    all prices.                                     housing price levels (although less so
                                                                    at the higher income and housing
                   This is illustrated in the graph below
                    where the original demand has now               prices). Table I to follow in Section IV
                    shifted down at every housing price – as        shows (by use of up/down arrows) the
                    demonstrated by D '.                            positive and negative impact on price
                                                                    and quantity for each of the factors
                   Now there are only 50 consumers
                                                                    considered key in the demand for
                    demanding a housing unit at $400K and
                    only 175 at the $100K housing unit price.       housing.

                                                                    Having explained the basic premise of
                    $600                                            the market demand for housing, let us
Price (Thousands)

                                                                    now turn to the factors that explain
                    $500                                            the supply of housing, i.e., what
                                                                    builders are willing and able to supply
                    $400                                            at certain selling prices of the housing
                                                                    unit. (Again, as with demand, the detail
                    $300
                                                                    of how housing market supply is
                                                                    specifically determined         is not
                    $200
                                                                    discussed here, nor will it change the
                    $100
                                                                    phenomenon.)

                      $0                                            Step 3: Supply
                           0   50   100   150     200 250 300
                                                Quantity Demanded
                                                                       The upward sloping line is the supply of
                                                                        housing units (S) developers are willing to
                                                                        build at the specified prices they are
Consumers, especially lower and                                         willing to sell.
middle income earners are less likely
to have additional monies needed for                                   To construct a housing unit, the supplier
                                                                        incurs costs – costs of land, labor,
a higher down payment or the higher                                     materials, etc. as well as costs for interest
mortgage transaction fees, etc., (while                                 on construction loans, insurance, etc. in
high income earners may still be                                        addition to the profits that need to be
“able”), such that it is increasingly                                   included. All of these costs will impact
more difficult for those consumers                                      how many housing units will be built and
                                                                        at what price; naturally the higher the
seeking lower priced housing.                                           costs, the higher the housing price.

Thus, an increase in lending                                           In this example, at $100K a house there
requirements with no other changes to                                   would be 50 housing units offered by
the market will reduce the quantity                                     suppliers while at $400K the number of
                                                                        housing units that would be built is 200.

                                                                                                                   7
Price (Thousands)   $600                                            thus the “market for housing” can be
                                                                    depicted on the graph below.
                    $500

                    $400                                            Step 5: Supply and Demand
                    $300
                                                                                        Integrating supply and demand gives the
                    $200                                                                 average market price such that markets
                                                                                         will clear, i.e., so that the quantity
                    $100                                                                 demanded equals the quantity supplied.

                      $0
                                                                                        Of course, there will be housing units
                           0   50   100   150   200 250 300
                                                                                         sold at lower prices but fewer housing
                                                Quantity Supplied
                                                                                         units will be built at the lower price than
                                                                                         consumers would desire - but it is
                                                                                         because suppliers are not willing and/or
Step 4: Shift in Supply                                                                  are not able to offer more at the lower
                                                                                         price. Conversely, suppliers would desire
                                                                                         to build more high priced housing units
                   Now for similar reasons as discussed                                 but have no consumers to sell them to.
                    regarding demand, if the cost of materials
                    (e.g., lumber, cement, labor) increases                             Hence, with more strict lending
                    (again considering no other changes) it                              requirements for consumers to purchase
                    will affect the cost to build a housing unit                         a housing unit and increased costs for
                    and the new quantity supplied, S', shows                             suppliers to build there will be fewer
                    fewer units will be offered at the various                           units at lower average prices in the
                    prices.                                                              market.

                    $700                                                                $700
Price(Thousands)

                                                                    Price (Thousands)

                    $600                                                                $600                            S'

                    $500                                                                $500                            S
                    $400                                                                $400

                    $300                                                                $300

                    $200                                                                $200                            D
                    $100                                                                $100                       D'

                      $0                                                                  $0
                           0   50   100   150   200 250 300
                                                                                               0   50   100 150 200 250 300
                                                Quantity Supplied
                                                                                                                             Quantity

Now, as in any market, supply and
demand do not work in isolation of
each other, but rather are interrelated;

                                                                                                                                    8
If you then sort this general housing     IV: FACTORS AFFECTING DEMAND FOR
market into various price points and           AND SUPPLY OF HOUSING
sectors, it is easy to recognize that
most of the major market factors that     Tables I and II summarize the multiple
impact demand such as real income,        factors that play an important role in
unemployment,         tight     lending   determining the demand for and
requirements, student debt, etc., have    supply of home ownership, noting the
weighed more heavily in the past          trends in these factors over the last
several years towards the reduction in    several years, the subsequent impact
the demand for housing units (and         on the demand or supply, and the
concomitantly the supply of housing),     concomitant impact on prices and
especially for middle and lower income    quantity (which ultimately affects
households.                               profitability). Importantly, the factors
                                          identified in our analysis are consistent
It comes as no surprise to economists     with the factors considered relevant in
and hopefully this primer now makes it    the EPS study; however, our view, like
clear to policy makers why there are      that of Drs. Singell and Lillydahl, is EPS
little to no condominiums being built     failed to fully understand the
in the low/middle price points. It is     interaction of these market variables
because there has been little or no       and made findings that were either
demand for such.                          inconsistent with the limited data they
                                          presented or inappropriate given the
The following section describes the key   data cited in their report or the data
determinants (factors) in the makeup      reviewed by our firm. The supporting
of the demand for and supply of           data for each of these factors, plus
housing and the positive or negative      additional factors Pacey Economics
impact these factors will have on price   identified as relevant, are described in
and quantity (and implicitly on profits   more detail in Sections V and VI.
to builders).

                                                                                  9
Table 1: Factors Affecting the Demand for Home Ownership
                                                                  Effect on   Effect on   Effect on
     Factor                           Trend
                                                                  Demand        Price     Quantity
Income/Assets
(Able)

Real Income         Real incomes (i.e., inflation adjusted
                    income) as measured by the Current
                    Population Survey have fallen for all age
                                                                   ↓           ↓           ↓
                    groups since a decade ago, particularly for
                    younger individuals (26-40 years old)
                    leaving traditional first-time homebuyers
                    less able to purchase a home.

Unemployment        Not only have real incomes decreased, but
                    employment opportunities have not
                    returned to pre-recession levels for the
                                                                   ↓           ↓           ↓
                    Denver Metro area per Bureau of Labor
                    Statistics data.

Personal Savings    Bureau of Economic Analysis data report
                    personal savings as a percent of disposable
                    income has declined drastically since its
                                                                   ↓           ↓           ↓
                    peak in the 1970s; while savings increased
                    during the Great Recession due to lack of
                    consumer      confidence,    rates    have
                    nonetheless remained low indicating
                    generally less money available for down
                    payments.

Student Debt        College Insights reports that average
                    student debt of four year college graduates
                    has risen nearly 67% over the past decade,
                                                                   ↓           ↓           ↓
                    placing more of a burden on disposable
                    income and the ability for younger
                    generations to acquire a home mortgage.

                                                                                           10
Table 1: Factors Affecting the Demand for Home Ownership (Continued)
                                                                Effect on   Effect on   Effect on
     Factor                        Trend
                                                                Demand        Price     Quantity
Lending
(Able)

Requirements     Mortgage     lending/credit     availability
                 tightened as a result of the housing bust
                 when delinquencies and foreclosures
                                                                 ↓           ↓           ↓
                 skyrocketed      from       unsustainable
                 mortgages; as a result, debt-to-income
                 ratios     were     capped,      stringent
                 documentation and verification was
                 required, among other restrictions.

Credit Scores    After the subprime fallout/mortgage crisis
                 in 2008, lenders began and continue to
                 require higher credit scores (i.e., higher
                                                                 ↓           ↓           ↓
                 quality borrowers) to be eligible for a loan
                 with no expectation to relax this
                 requirement to pre-recession levels,
                 hindering borrowers’ ability to obtain
                 financing.

Fees/Insurance   Higher upfront origination fees and costs
                 for mortgage insurance has resulted in
                 increased costs and payments for
                                                                 ↓           ↓           ↓
                 mortgagees again, dampening the ability
                 to afford a mortgage loan.

Interest Rates   The Federal Reserve Bank has chosen to
                 keep interest rates near all-time lows
                 which has helped to boost the housing
                                                                 ↑           ↑           ↑
                 industry by increasing a borrower’s ability
                 to obtain financing; however, if interest
                 rates begin rising there will be a reverse
                 impact on demand, price and quantity.

                                                                                         11
Table 1: Factors Affecting the Demand for Home Ownership (Continued)
                                                                 Effect on   Effect on   Effect on
      Factor                         Trend
                                                                 Demand        Price     Quantity
Demographics
(Willing)

Marriage Rates     The Current Population Survey shows if
                   someone is married they are more than
                   twice as likely to own a home; but, the
                                                                  ↓           ↓           ↓
                   proportion of younger generations not
                   married or delayed in marriage is
                   increasing.

Delayed            Likely due to other factors mentioned, the
Household
Formation
                   percent of younger people still living with
                   their parents is trending upwards.
                                                                  ↓           ↓           ↓
Age                The younger generations are making up
                   less of the Colorado urban population
                   whom are typically first-time homebuyers.
                                                                  ↓           ↓           ↓
Ethnicity          The State of the Nation’s Housing study
                   indicates first-time homebuyers among
                   minorities are generally older; and with an
                                                                  ↓           ↓           ↓
                   increasing younger minority urban
                   population, willing homebuyers has been
                   decreased.

                                                                                          12
Table 2: Factors Affecting the Supply of Homes
                                                                                   Effect on       Effect on       Effect on
     Factor                                    Trend
                                                                                    Supply           Price         Quantity
Costs
(Willing/Able)

Land Costs          Land values sharply decreased following the Great
                    Recession allowing for more home construction
                    given other things constant; however, given the
                                                                                     ↑              ↓                ↑
                    increased supply, i.e. higher quantity, puts
                    downward pressure on the price which makes it less
                    profitable for developers to build.

Labor               Despite the recession, construction labor costs have
                    continued to rise affecting the ability of developers
                    to supply housing.
                                                                                     ↓              ↑                ↓
 Producer Price     The Producer Price Index for new construction
 Index (New
 Construction)
                    published by the Bureau of Labor Statistics indicates
                    costs for new construction continues to increase.
                                                                                     ↓              ↑                ↓
 Lending            Credit availability in commercial lending for
 Requirements       multifamily construction tightened as a result of the
                    housing bust, for example, requiring higher pre-
                                                                                     ↓              ↑                ↓
                    sales, a majority of units owner-occupied, lower loan-
                    to-value ratios, sufficient budget coverage, etc.

Interest Rates      Interest rates have been low, decreasing the costs for
                    construction and hence, supporting an increase in
                    supply.
                                                                                     ↑              ↓                ↑
Insurance           Increased insurance premiums, whether arising from construction defect litigation (litigation
Premiums/           costs, costs to repair, costs to mitigate, i.e. third-party quality assurance, etc.) or other factors,
Construction        will increase costs to the builders/developers. However, we have been unable to obtain reliable
Defect              empirical data due to the highly guarded information from both builders and insurance
Legislation 2       companies. Therefore, the trends in these costs cannot be ascertained and cannot be analyzed
                    until such information is forthcoming.

    2
     We encourage builders/developers to submit information regarding insurance premiums, costs of
     litigation/lawsuits, etc. so a proper analysis of these factors may be performed. Further, a legislative oversight
     and review of insurance rates could allow appropriate insight into construction insurance rate trends.
                                                                                                                    13
Table I simply provides the reasons for                                       Figure 1: Condominium Completions & Sales
what is known by the most casual                                            30,000                                          3,000
observer, that the demand for housing

                                           Condos Completed - West Region
                                                                            25,000                                          2,500
fell following the 2008 recession while

                                                                                                                                    Condo Permits - Denver
Table II delineates the major costs                                         20,000                                          2,000

incurred over the most recent years by                                      15,000                                          1,500
developers/builders.                                                        10,000                                          1,000

                                                                             5,000                                          500
Further evidence of the decreased
demand       for    condominiums      is                                         0                                          0
                                                                                 1995                2005
illustrated in Figure 1 which shows a
                                                                                       Condos Completed - West Region
surplus of condominiums constructed
                                                                                       Condos Not Sold in 6 Months - West Region
in 2009 (reflected in the increase in
                                                                                       Denver Condo Permits
number of unsold units). Likely in
response to the slow sale of                                                  Sources: U.S. Census Bureau (Western Region includes CO,
condominiums during that period is                                            NM, WY, MT, AZ, UT, ID, WA, OR, NV, CA and AK); Denver
                                                                              Metro Area Housing Diversity Study
the supply response to slow sales, i.e.,
the number of permits issued for
condominium construction in the
                                                                              The decreased demand for any type of
Denver area (which may or may not
                                                                              housing ownership is likely directly
result in actual buildings) between
                                                                              linked to home mortgage loan
2006 and 2013 has also fallen
                                                                              applications    (i.e.,   the     more
dramatically. Figure 1 also shows that
                                                                              applications, the more home loans
the number of the condominium
                                                                              being sought). Figure 2 visually and
completions for the Western region of
                                                                              simply demonstrates that the total
the U.S. parallels the Denver
                                                                              applications (for mortgage loans for
experience         for       decreased
                                                                              one to four family dwellings excluding
condominium activity. Of note, the
                                                                              manufactured homes) decreased by
shift between the Denver permits and
                                                                              more than sixty percent (60%) from its
Western completions likely reflects the
                                                                              peak in 2005 to its recent bottom in
time it takes, from one to two years,
                                                                              2011.
for a building to be completed after a
permit is issued.

                                                                                                                                    14
Figure 2: Total Home Mortgage Loan                         Figure 3: Denver Area Apartment Value
Applications for 1-4 Unit family Dwellings                 Relative to Detached Home Value

           10                                                100.0
Millions

           8
                                                              95.0
           6
                                                              90.0
           4

           2                                                  85.0

           0
                                                              80.0
                2004              2008              2012          2000            2005           2010

                       Total Applications (in millions)
                                                           Sources: U.S. Federal Reserve; Colorado Department of
                                                           Local Affairs, Division of Housing
Source: Home Mortgage Disclosure Act, Federal Financial
Institutions Examination Council

                                                           Figure 3 shows that the market value
The consequences of the extensive                          of apartments relative to detached
changes in demand that have been                           homes has grown steadily since 2006,
experienced in recent years are                            creating a clear market incentive to
changes in the market values of                            build apartments. Further, 0ur
rented-homes versus owned-homes.                           observations        on       historical
The market value of apartments                             condominium prices from various data
relative to the market value of                            sources (i.e., housing market data
detached homes is indexed and                              websites) indicates the growth in
illustrated in Figure 3.3                                  apartment      values   relative     to
                                                           condominium values has been even
                                                           greater than to detached housing. (We
                                                           are seeking permission to reprint this
                                                           information.)

                                                           Given the market conditions of falling
                                                           value in the face of decreased supply and
                                                           longer holding times to sell, it would take
                                                           a special set of circumstances for a
                                                           rational    developer      to     construct
                                                           condominiums rather than apartments.

3                                                          rents which, assuming a fairly constant
  Figure 3 plots the ratio of the rental rate of 2-
bedroom, 2-bathroom apartments to the Case-                capitalization rate and expected future rents
Shiller home price index, normalized to 100 in the         proportional to actual rents, is proportional to
year 2000. Of note, the value of an apartment is the       current rent.
present value of the expected future stream of
                                                                                                                   15
V: THE KEY DETERMINANTS IN THE             Figure 4: Current Real Income as a Percent of
                                           Real Income from Approximately a Decade
     DEMAND FOR HOUSING                    Ago

The data underlying the trends in
housing demand, supply, and prices           100%
summarized in Table I are discussed in
                                              90%
more detail in this section. The sources
and cites for this data are oftentimes        80%
noted on the chart but also in the text
or appendix of this report.                   70%

                                              60%

Income/Assets (Able)                          50%
                                                        26-30    31-40     41-50    51-60     61-70
Real Income                                                                 Age

Figure 4 below identifies current          Source: Bureau of Labor Statistics: Current Population
(2014) income as a percent of real         Survey

income (i.e., inflation adjusted income
to reflect actual purchasing power) by     Unemployment
age group as compared to a decade
                                           In addition to falling real income, the
ago (from the 2001-2003 time frame).
                                           effects of the recession on the job
It is well known (and reflected below)
                                           market       resulted        in    high
that the recession had the largest
                                           unemployment rates in the Denver
effect on the income of the younger
                                           metropolitan area (as well as
generation (generally the first-time
                                           nationally), especially among the
homebuyers), although every age
                                           younger workers (as shown in Figure
group experienced some loss of
                                           5b) who have not returned to pre-
purchasing power. These lower real
                                           recession earnings levels. Those
incomes result in a downward “shift”
                                           experiencing a spell of unemployment
in the demand for nearly all goods and
                                           will not be able to obtain mortgages
services (or savings), including
                                           (given tenure in job, debt-to-income
housing. Household income among the
                                           requirements, credit, etc., i.e. able)
young population (26-30 year olds) is
                                           and they are less likely willing to
only 82.7% of the income earned
                                           purchase a home for lack of stability,
approximately a decade ago.
                                           income and loss of potential for
                                           mobility. Figure 5a demonstrates that
                                           the unemployment rate for all ages
                                           was a record low in 2000 (some 2.5%),
                                           and was still below 5.0% in 2008 but
                                           increased to a high of 9.0% in 2010
                                           before gradually falling to the current
                                                                                                    16
unemployment rate of 5.5%. When                    Personal Savings
sorted by age for the Denver metro
                                                   Another well known (and intuitive)
area, the younger aged workers have
                                                   factor affecting the demand for
experienced     and    continue  to
                                                   housing is personal savings, especially
experience     higher     rates  of
                                                   in the wake of mortgagers requiring
unemployment. (Importantly, these
                                                   larger down payments and higher
statistics do not include those who
                                                   transaction costs (e.g., origination
have left the labor force or are
                                                   fees, mortgage insurance, etc.).
underemployed which would be a
                                                   Savings as a percent of disposable
further dampening on the demand for
                                                   income fell to a bleak 3% in 2007 as
housing.)
                                                   people spent a significant portion of
                                                   their money on goods and services
Figure 5a: Unemployment Rates for the              including housing; but, as consumer
Denver Metropolitan Area
                                                   confidence plummeted during the
                                                   recession,    savings     rates     have
       10
                                                   recovered to pre-recession levels, as
        9
 Percent

        8                                          presented in Figure 6. Nonetheless,
        7                                          the low savings rates relative to history
        6                                          reduces the ability to make down
        5                                          payments and pay higher fees on
        4
                                                   mortgage loans.
        3
        2
        1
        0                                          Figure 6: Personal Savings as a Percent of
            2000   2003    2006      2009   2012   Disposable Income

Figure 5b: Colorado Unemployment Rates by                    14
                                                   Percent

Age
                                                             12
   35%
   30%
                                                             10
   25%
   20%
   15%                                                       8
   10%
    5%                                                       6
    0%
                                                             4

                                                             2

                     Age                                     0
                                                                  1950 1960 1970 1980 1990 2000 2010

Source: Bureau of Labor Statistics                 Source: Bureau of Economic Analysis

                                                                                                       17
Student Debt                                                                                           Lending (Able)
Perhaps one result of suppressed                                                                       Requirements
savings rates is the increase in debt
                                                                                                       Following the bust of the housing
students have faced over the past
                                                                                                       bubble which served as a catalyst for
decade. Figure 7 below shows that the
                                                                                                       the Great Recession, mortgage lending
average debt of Colorado four-year
                                                                                                       tightened and government agencies
college graduates increased from
                                                                                                       had to step in to provide stability to the
approximately $15,000 in 2004
                                                                                                       housing       market.       Subsequent
($18,200 in 2012 dollars) to nearly
                                                                                                       restrictions on lending and/or
$25,000 in 2012 (the most recent year
                                                                                                       tightening credit conditions required
of available data), over a one-third
                                                                                                       higher quality borrowers, i.e. higher
increase in real dollars. Such debt
                                                                                                       credit scores, higher down payments
decreases the demand for housing,
                                                                                                       (lower Loan-to-Value ratios (LTV)),
given debt-to-income requirements
                                                                                                       lower debt-to-income ratios (DTI), as
(as well as the common sense of
                                                                                                       well as strict verification of
consumers). Additionally, to the extent
                                                                                                       documentation and the ability to repay
students default on their debt
                                                                                                       in underwriting. (In fact, it was
resulting in lower credit scores, the
                                                                                                       mandated in 2013 that no loans were
demand for future homeownership is
                                                                                                       to have debt-to-income ratios
further reduced.
                                                                                                       exceeding 43%, slowing the demand
                                                                                                       for housing in early 2014.) The
                                                                                                       increased restrictions have further
Figure 7: Average Debt of Colorado Four-
Year Graduates                                                                                         hindered demand for homeownership
                                                                                                       over the recent past as it has made
 $30,000
                                                                                                       buyers less able to obtain lending,
                                                                                                       particularly when compounded with
 $25,000
                                                                                                       the various factors mentioned
 $20,000                                                                                               previously, including increasing debt,
                                                                                                       lower real incomes, etc.
 $15,000

 $10,000                                                                                               Figure 8 shows not only the decrease
                                                                                                       in total applications as mentioned in
   $5,000
                                                                                                       Section II, but also highlights the
       $0                                                                                              increased rate of denials of those
             2003-04

                       2004-05

                                 2005-06

                                           2006-07

                                                     2007-08

                                                               2008-09

                                                                         2009-10

                                                                                   2010-11

                                                                                             2011-12

                                                                                                       home applications, suggesting the
                                                                                                       more strict lending requirements
                                                               Academic Year
                                                                                                       empirical impact on housing demand.

Source: College Insights

                                                                                                                                              18
Figure 8: Total Home Mortgage Loan                        Credit Scores
Applications for 1-4 Unit family Dwellings
                                                          Figures 10 and 11 indicate mortgage
 10.0                                               16%
                                                          companies Freddie Mac and Fannie
                                                          Mae are now requiring higher credit
   8.0
                                                          scores to be eligible for a loan
   6.0
                                                    12%   (conventional loans). (The same has
   4.0
                                                          been true for the Federal Housing
   2.0
                                                          Administration (FHA) loans which are
   0.0                                              8%
                                                          typically more applicable to first-time
         2004       2007       2010          2013
                                                          homebuyers as they require as little as
                Total Applications (in millions)          3.5% for a down payment.) The higher
                % denied                                  credit scores inherently remove a
                                                          subset of the population that would
Source: Home Mortgage Disclosure Act, Federal Financial   even be willing to buy a home but due
Institutions Examination Council
                                                          to higher credit standing are now not
                                                          able to meet the requirements.

Figure 9 represents the decrease in
                                                          Figure 10: Average Weighted Credit Scores
Fannie Mae loans with loan-to-value                       for Freddie Mac 30-Year Fixed Rate Loans
(LTV) ratios greater than 90% (i.e.,
requiring higher down payments) as
well as the number of loans with credit                   780                                  763    766 762

scores below 620 over the                                 750                                741
recessionary period.                                                            725
                                                          720    712
Figure 9: Fannie Mae Single Family Loans
                                                          690

20.0%
                                                          660
                                                                1999     2002         2005   2008    2011
15.0%
                                                          Source: Freddie Mac
10.0%

  5.0%                                                    Figure 11 also shows conventional
                                                          loans not only have higher weighted
  0.0%                                                    average credit scores, but also have
         2004              2008                2012       essentially stopped lending to
                        Origination LTV 90%-100%          borrowers with scores less than 620
                        % with Credit
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