But in Houston, restrictive covenants are so heavily facilitated by government involvement that they resemble zoning regulation almost as much as they resemble traditional contracts. Houston's city code, unlike that of most American cities, allows the city attorney to sue to enforce restrictive covenants. The city may seek civil penalties of up to $1,000.00 per day for violation of a covenant. Thus, Houston forces its taxpayers to subsidize enforcement of restrictive covenants even when litigation is too costly for individuals to pursue. In its covenant litigation, the city focuses on enforcement of use restrictions (that is, covenant provisions requiring separation of uses), as opposed to enforcement of other restrictions such as aesthetic rules. By subsidizing enforcement of use restrictions, Houston's city government subsidizes segregation of land uses--and in fact, land uses in Houston are only slightly less segregated than in most cities with zoning codes.
"More recently, Houston's supposedly laissez-faire attitudes towards planning have again been tested by the proposed 23-story tower at 1717 Bissonnet Street. The tower would have been in a low-rise residential neighborhood, within walking distance of Rice University. After years of wrangling, the project was finally denied by the city, on grounds that the developers failed to prove that the project would not adversely affect traffic flow (a pretty arbitrary and un-libertarian requirement considering Houston's legendary congestion and the fact that developers have little say over where the city places its roads). And this, despite the fact that many of the tower's prospective residents – Rice students and staff – could have either walked or biked to school/work.
Boosters of Houston's land use policy – those who believe that Houston's land use patterns are the free market, revealed – never mention the restrictive minimum lot size and minimum parking requirements. They mention deed restrictions as free market innovations but fail to see how the city's prosecutors turn private concerns into public budget drains. And though the Antiplanner in his aforelinked comments on Houston recognizes the anti-density movement that reared its ugly head after the 1717 Bissonnet proposal, he evidently doesn't see this as seriously detracting from Houston's anything-goes land use policy."