we have a crucial opportunity to support abundant housing and stop the abuse of undemocratic historic districts

Preserving some historic structures is a great part of an equitable, green and growing city. But because historic districts make most infill housing difficult and can be easily abused by wealthy neighborhoods looking to block change, cities need to be able to consider the social, economic and environmental tradeoffs when a historic district is created.

Currently, that is not the case. State law requires that cities restrict development of National Register Historic Districts. These districts are undemocratic and can be used to freeze neighborhoods in amber. Once a small group of property owners submit the proposed district to the National Register, the only way to halt the process is to require 50% of property owners to submit notarized objections by the deadline. Cities, and anyone who is not a property owner, have no role in this process. By contrast, city historic districts, which would not be changed by this proposed law, allow cities to consider the needs of all of their residents.

House Bill 2138, which will have a first hearing at the House Committee On Housing and Homelessness on Monday March 3rd at 1PM, proposes a suite of policies to remove local barriers to building the types of homes – like duplexes, three- and fourplexes, cottage clusters, townhomes, and accessory dwelling units – that give people more affordable, available home options in convenient neighborhoods, near jobs, schools, transit, parks, and more. One of these policies is removing the requirement to restrict development in these undemocratic National Register Historic Districts. We need your help to support this legislation and ensure that this crucial language is not removed from this bill.

Talking points: removing barriers to building the homes we need:

• This bill legalizes more housing across the state, cutting red tape, and building incentives for affordable and accessible housing statewide.

• Middle housing – like duplexes and ADUs – is a great opportunity to serve first-time home buyers, allows families to live together longer, and provides opportunities for people to downsize, including older adults who want to remain in their neighborhoods.

• This bill helps everyone live closer to schools, stores, parks, and their jobs. It will save families money and is good for the climate.

Talking points: Key opposition concern and responses:

• Demolition of “historic” buildings – There is an important distinction between buildings that are officially designated as historic and those that are merely contributing structures within a historic district. These should not be conflated.

• No guarantee of affordable or middle housing replacing demolished structures – While removing demolition review does not require affordable or middle housing to be built, that isn’t a problem. The zoning of a lot already reflects a community decision about appropriate density, and the demolition process shouldn’t be a tool to override those established land use policies.

• Loss of public engagement through demolition review – Opponents may frame this as eliminating their “right” to an engagement process. However, it's worth highlighting that the national historic district designation process itself is not a truly democratic or participatory process. Distinguishing between national and local historic district processes can help clarify this point.

Template Testimony

You can use this testimony as inspiration for your own distinct remarks, as a template to build upon, or as a plug-and-play form letter. What’s most important is that you testify.

Dear Chair Marsh and Members of the House Committee on Housing and Homelessness,

My name is _______ and I live in [your neighborhood or region of Portland]. I join Portland: Neighbors Welcome in supporting House Bill 2138, which will positively affect Oregon’s housing shortage by legalizing more housing across the state with land already available in our cities and towns and cutting red tape that prevents working families from choosing homes that allow them to live affordably in their own communities. This bill will help people live near jobs that invest in their community, create opportunities for more people who want to become homeowners, allow more people to stay in their communities as they age, and make use of vacant lots to help neighborhoods be vibrant.

I also specifically urge the committee to retain the language in SECTION 22. (1), which repeals the requirement for demolition review for houses which are listed as "contributing" in National Register Historic Districts. Undemocratic and landowner-controlled National Register of Historic Places districts are distinct from local historic districts that have democratic oversight from a body — the city council — that is legally allowed to consider any factors other than historic preservation, and can consider the interests of tenants as well as landowners. This bill retains Oregon cities’ ability to preserve historical resources and does not impact local historic districts, but grants cities the flexibility they need to address our ongoing housing crisis and ensure that we can build housing for Oregonians of all ages, wages, and stages of life.

Thank you.