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Working Paper Series

Commercial Real Estate Overbuilding in
the 1980s: Beyond the Hog Cycle

WP 94-06

This paper can be downloaded without charge from:
http://www.richmondfed.org/publications/

Raymond E. Owens, III
Federal Reserve Bank of Richmond

Working Paper 94-06
COMMERCIAL REAL ESTATE OVERBUILDING
IN THE 1980S:
BEYOND THE HOG CYCLE
Raymond E. Owens, III*

Research Department
Federal Reserve Bank of Richmond
April 22, 1994

Abstract: Overbuilding in commercial real estate in the 1980s is commonly viewed as an
example of a speculative bubble. This paper questions that view and proposes an environment
in which overbuilding could occur as a rational response to fiscal policy in the 1980s. Further,
this paper contends that overbuilding could have been accompanied by bank financing, even
when banks were aware that they would incur losses associated with the loans. Finally, it is
maintained that banks' lending behavior was consistent with profit maximization.
JEL Codes: D43, G38, H39, L74

*I appreciate comments by Dirk W. Early, John E. Leonard, Thomas J. Sargent, and Stacey
L. Schreft. The views expressed in this paper are the author's and do not necessarily reflect
the views of the Richmond Fed or the Federal Reserve System.

Overbuilding in commercial real estate, especially in
office buildings, and the resultant default on loans
collateralized by commercial real estate, has been widely
identified as one factor leading to weakness in the banking
sector in the late 1980s.

Weakness in the banking sector in

turn has been linked to a downturn in economic growth late in
the decade [Litan, 1992; Browne and Case, 1992].

While much

research has been conducted regarding the presumed effects of
office-space overbuilding, explanations for the overbuilding
phenomenon are still being debated.

This paper presents an

explanation of overbuilding that differs substantially from
those previously advanced.

1

The hog-cycle approach [Ginsburg, 1982; Browne and Case,
1992] is a common explanation of office overbuilding.
According to Browne and Case, for example, commercial real
estate construction is inherently cyclical.

They attribute

the cyclicality to their observation that commercial buildings
take a long time to construct and that tenants in commercial
buildings typically have long-term leases, and they conclude
that the supply of available commercial space is relatively
fixed in the very short run.

1

As a result, they believe that

A number of authors (Corcoran [1987] and Voith and Crone [1988], for example)
have argued that a rise in vacancy rates occurred in the 1980s as a natural response to tax
laws. However, these explanations do not allow for overbuilding accompanied by increased
levels of loan defaults.

-3-

any unanticipated increase in the demand for commercial space
may sharply drive up rents in the short run as a relatively
large pool of new potential tenants bid for the limited space
available.

Browne and Case maintain that these temporarily

high rents will be misinterpreted by the market as longlasting, as in the classic hog cycle, and will encourage the
overbuilding of commercial space.
approach has its critics.

However, the hog cycle

Hekman [1985] finds no empirical

evidence of a hog cycle in real estate data from 1979 to 1983
that he examined.
A second explanation for overbuilding focuses on the
availability of financing and has been labeled the "herd" or
"lemming" theory [Litan, 1992].

Litan suggests that real

estate building is influenced by the availability of
financing.

He proposes that overbuilding in the 1980s

occurred because too much financing was made available to real
estate borrowers.

According to the lemming explanation,

bankers made excessive real estate loans because they saw how
profitable real estate lending was for other bankers and
wanted to follow suit.

Litan contends that these bankers

thought the real estate boom would last forever or that their
borrowers would be the last good ones.

Along this same line,

Peek and Rosengren [1992] propose that banks in New England
lent heavily in the 1980s in response to a real estate price

-4-

"bubble" that the bankers apparently believed would be long
lived.
Moral hazard also is cited frequently as a reason for the
provision of excess lending to commercial real estate.

This

explanation has been applied primarily to lending by thrifts
that had negative equity positions and thus nothing to lose if
the loans went bad, but much to gain if they were successful
[Hester, 1992; Litan, 1992].

The moral hazard argument is not

generally applied to banks that typically had positive net
worth in the 1980s.

This point is of particular interest

since banks expanded into commercial real estate lending to a
significantly greater degree than did thrifts or insurance
companies in the 1980s [Litan, 1992].
Finally, it has been argued that banks increased their
commercial real estate lending because thrifts and other
intermediaries weakened in the 1980s, providing an opportunity
for banks to profit by shifting a greater proportion of their
loan portfolio into commercial real estate [Hester, 1992].
Also leading banks to increase their reliance on commercial
lending was a loss of their non-real estate customers to
securities-backed credit markets during the decade [Litan,
1992].
Among researchers, there is a general consensus that the
Economic Recovery Tax Act of 1981 (ERTA) played an important

-5-

role in commercial real estate activity in the 1980s.

ERTA

created tax incentives that benefitted some owners of
commercial real estate.

Most authors agree that these tax

benefits made the construction of commercial real estate more
attractive.

Browne and Case, for example, maintain that ERTA

helped boost "construction beyond what could have been
supported by the underlying demand for commercial space."
A common assumption in the existing explanations for
commercial overbuilding is that bankers, developers, and
tenants had information about the deterioration of conditions
in the commercial real estate sector that they either
misinterpreted or simply ignored.

For example, after finding

little empirical support for several of the popular
explanations reviewed above, Browne (1993) concludes that
banks must have "...failed to recognize that the risks they
incurred as individual banks were affected by the actions of
their fellows."
In contrast, the explanation proposed in this paper
maintains that bankers, developers, and tenants did not
necessarily make systematic errors in judgment or ignore
relevant information.

Rather, these parties acted rationally,

using all available information.

Further, it is argued here

that ERTA alone may have been sufficient to lead to
overbuilding.

Rising vacancy rates accompanied by additional

-6-

office-building construction and an eventual rise in
commercial real estate loan defaults could conceivably have
been rational responses to ERTA.

This paper will show that

real estate overbuilding (represented by fully anticipated
rising vacancy rates, increased office construction, and the
corresponding financing by banks, even when such financing is
known to result in net loan losses) can be generated in the
context of profit maximizing behavior by all market
participants.

A Sketch of the Market for Office Space
To demonstrate the points made in the section above, a
simple real estate market environment is sketched.

In this

environment, the real estate sector is composed of bankers and
landlords who wish to maximize profits and tenants who wish to
maximize utility given their office space budget.

Office

space is exchanged between tenants and landlords, exclusively
with 10-year leases that define price and other terms and are
legally binding on both parties.

Landlords both construct

office buildings, using funds borrowed from bankers, and
operate the structures once complete.

Landlords pledge the

office buildings as collateral on the loans they receive from
banks.

Office buildings are assumed to be a fixed-cost asset

in that their operating costs are the same whether they are

-7-

fully occupied or empty.

Office space is not homogeneous.

Two types of office space exist, Classes A and B.

Class A

space is relatively newer and has more amenities than does
Class B space.
space.

As a result, tenants pay a premium for Class A

Moving costs are fixed for all tenants.

For

simplicity, all office space is initially leased.

Bankers

finance all real estate projects for landlords that add to
their bank's profits.

The Role of ERTA
In 1981, fiscal authorities signed ERTA into law.

Among

the provisions of ERTA was a reduction in the time period over
which real assets were depreciated.

Depreciation schedules

for commercial real estate, including office buildings, were
shortened from about 40 years to 15 years.

In addition, ERTA

introduced the Accelerated Cost Recovery System, which "frontloaded" depreciation write-offs.

This front-loading provided

proportionately greater write-offs in the early years than did
the straight-line depreciation method but smaller write-offs
in later years.

This provision further enhanced returns to

building owners.
If the passage of ERTA was a "surprise" and thus was not
capitalized into real estate values, ERTA increased landlords'
non-rent return from owning office buildings.

The benefits to

-8-

Class A (called A) owners were much greater than those to
Class B (called B), however, because A-space buildings were
relatively new and often had most or all of their depreciable
base while B-space buildings were usually 20 or more years old
and had a relatively small depreciable base.
Under ERTA, landlords who owned A space that was fully
leased found their returns to be above normal in the very
short run.

This occurred because the non-rent component of

landlords' returns rose with ERTA.

B-space landlords likely

did not experience above-normal returns.

B-space landlords

who resold their properties may have capitalized ERTA when
they resold their buildings.
received normal returns.

If so, new landlords only

If not, some portion of ERTA returns

may have accrued to new landlords.

2

New office-building construction, which was almost always
A space, captured the benefits of ERTA more fully than did B

2

A space that was not newly constructed also could take advantage of ERTA simply by
being sold. The depreciation benefits would not likely be offset by tax liabilities on paper
gains. Conceivably, Class-B space could be resold at market values and purchasers would
regain the whole depreciable base. If a two-party transfer occurred, negotiations between the
seller and purchaser would determine whether the purchaser gained any returns from ERTA
or was left with only normal returns, but tax liabilities on paper gains would limit the appeal of
doing so.
A second case is that B-space owners sold the buildings to other entities wholly owned
by themselves (i.e., sold the buildings to themselves) to increase its depreciable base. This
strategy may not have been employed by B-space owners as any sale of B space for a higher
value also created paper gains that were subject to substantial federal tax liabilities. Browne
and Case [1992] point out, however, that this strategy could have been profitable for some Bspace owners.

-9-

space. 3

If no growth of potential tenants is assumed, new

office-building construction could occur if A rents were
reduced relative to B rents, encouraging a shift of tenants
from B space to A space, and conceivably yield no less than
normal returns to A landlords.

4

Leasing Arrangements
The previous section argued that ERTA placed A-space
landlords in a favorable position relative to B-space
landlords.

The ability of A-space landlords to build

additional space and price it attractively while maintaining
at least normal returns could have led to a rise in B-space
vacancy rates and unchanged or only slightly changed A-space
vacancy rates in an unfettered market.
However, office space is typically let with long-term
leases, and these legally-binding contracts greatly restrict
the ability of tenants to take advantage of office-space
rental differentials in the short run.

Assuming that leases

3

Kotlikoff [1991] points out that if the owners of existing assets (B-space buildings in this
example) are older than the owners of new assets (A space), then an act like ERTA could
make the owners of old capital less wealthy and owners of new capital more wealthy.
4

Existing A tenants also may move from their current space to new A space.
However, since rents on A space are greater than rents on B space, then for any narrowing of
the relative spread between A- and B-space rents, the price elasticity of demand may be
greater for B tenants. Further, since moving costs are the same for all tenants, moving will
only occur if rental savings exceed moving costs. Generally, B tenants will be more likely to
move than A tenants.

- 10 -

are for 10-year terms (typical in the industry) and that they
are uniformly distributed, then only 10 percent of the tenants
in an office building can relocate in any year without facing
a legal cost.

Further, for those tenants that cannot relocate

without legal cost, it is assumed that the cost is
proportionally greater the longer the remaining term of the
lease. 5
Since ERTA provided benefits to A-space owners and
allowed them to attract B-space tenants, the question arises
of why B-space owners did not simply reduce rents to retain
tenants.

Although the answer to this question is not clear,

anecdotal reports abound that indicate that, when an officebuilding owner reduces rents for some tenants (the owner would
only have a strong incentive to reduce rents for the 10
percent of tenants whose leases were expiring the year after
the passage of ERTA, for example), the pressures to reduce
rents for other tenants is strong, even in the face of legally
binding leases.
There are at least two possible explanations for these
5

Legally binding leases between lessors and lessees are breakable by either party, but it is
assumed that the injured party can almost without cost obtain damages up to the remaining
value of rent. A possible exception is bankruptcy, where either party can break the lease by
incurring bankruptcy costs. Note that relatively low bankruptcy costs benefit the tenant in
negotiations, but not the landlord. That is, tenants may "walk away" from a lease through
bankruptcy and reduce the wealth of the landlord. If the landlord declares bankruptcy,
however, the office-building asset is normally transferred to a secured creditor or simply
retained by the landlord. In either case, tenants' lease terms may remain unaltered and thus
landlords' threats of bankruptcy may not result in tenants' concern over their own wealth.

- 11 -

pressures.

First, office-space costs represent a substantial

portion of total costs for many tenant firms and the
possibility that these firms' competitors could receive lower
costs could place the firms paying higher costs at a
competitive disadvantage.

Second, it is more likely that all

tenant firms will have the landlord's reservation lease rate
revealed to them as soon as the lease rates for some tenants
are lowered.

These tenants then will find it less costly to

negotiate lower rent levels with landlords once the
reservation price has been revealed.

6

Landlords may or may not yield to the pressures placed on
them by tenants.

For these pressures to be binding, landlords

must believe that tenants have a cost of breaking their leases
that is below their expected gains.

Therefore, the

credibility of tenants' ability and intent to break leases is
important.

If tenant threats are not credible, landlords

presumably will hold to the lease terms.

If threats are

credible, then landlords may yield, lowering the lease rates
for all tenants that they believe will break leases.
Tenants and landlords will negotiate new lease terms

6

Wheaton and Torto (1988) support the view that confidential rental-rate information is
valuable to landlords. They state, "Actual contract rental data are regarded as proprietary by
landlords who seem to feel that the information is strategic in negotiating new leases." Also,
this phenomenon apparently transends national boundaries. A Wall Street Journal (Chandler
and Bussey, 1993) article reported in 1993 that landlords in Tokyo, "...are quietly slashing
rents, though many now make tenants sign confidentiality agreements so the word won't get
around."

- 12 -

anytime both parties believe that such negotiations will make
them better off.

For example, landlords may offer lower rents

in exchange for extensions of the leasing term.

Thus tenants

gain lower rent but obligate themselves for longer periods,
and landlords give up a portion of rent revenues in the short
run, but hedge against possible future higher vacancy rates.
Since a landlord's cost of building ownership is largely
fixed, to maximize revenues the landlord must simultaneously
view the anticipated rental revenue stream from both the
square footage rented and lease rate per square foot.
Yielding to tenants who demand lower rents reduces rent
revenues because of the lower lease rate per square foot but
keeps vacancy rates down.

Not revealing the reservation lease

rate would likely result in higher vacancy rates as some
tenants relocate (presumably to A space), but the landlord
would maintain higher leasing rates per square foot.

Since 10

percent of the tenants in any B office building are likely to
relocate in any given year, the strategy employed by landlords
depends on the price elasticity of demand for B space.

If a

landlord does nothing, revenues will be reduced by 10 percent.
If the landlord chooses to lower the rental rate to the
tenants whose leases are up in an effort to retain them, then
the lower price has been revealed to all tenants; the landlord
is likely to have to reduce the rent not only for those whose

- 13 -

leases have expired but also for some proportion of those
tenants whose leases have not yet expired.

If the landlord

perceives that total rents would have to be reduced more than
10 percent to retain the tenants whose leases have expired,
then the landlord will choose to let the tenants relocate or
will "run off" tenants, assuming a one-year planning horizon.

7

Landlords' expectations about the price elasticity of
demand for office space is crucial to their strategies
regarding tenant "run offs."

Studies by Hekman [1985],

Wheaton and Torto [1988], Rosen [1984], and Shilling, Sirmans,
and Corgel [1987] find a range of elasticity estimates.
Wheaton and Torto find that a decrease of 1 percent in the
vacancy rate was associated with a 2 percent annual increase
in rents in the national market, whereas the other authors
find that rents increased in individual markets up to 6.3
percent.

However, Hekman finds a coefficient of -0.11 for A

space alone.

In light of these vacancy rate/rent

relationships, landlords clearly may be likely to lower rents
for A space to a greater degree than for B space.

A strict

interpretation of these elasticities suggests that landlords
may expect to maximize revenues by running off tenants,

7

Landlords' tendency to let tenants run off would be reinforced by the belief that some new
tenants would be attracted at the current lease rates per square foot. For simplicity, this
aspect is ignored here.

- 14 -

especially for B space.

What Do the Data Show?
National commercial real estate vacancy data are
difficult to obtain.

As a result, data were collected for the

downtown Richmond, Virginia, office market.

This market

totaled about 2.7 million square feet of office space in 1979,
and grew to about 6 million square feet of speculative office
space by 1994.
Figure 1 shows that vacancy rates for both A and non-A (B
and C) space fell from 1979 to 1981, but that A rates fell
more dramatically.

Further, vacancy rates for A space

remained below 10 percent until late 1985.

Vacancy rates for

non-A space surpassed 10 percent in 1983 and by 1985 were
averaging above 20 percent.

The dramatic increase in A- space

vacancy rates in the fourth quarter of 1986 was the result of
a large completed office building that was empty.

However,

the tax benefits to new buildings provided by ERTA were
removed in 1986, making the post-1986 rise in vacancy rates
unimportant to the explanation proposed here.
The pattern of A and non-A vacancy rates suggests that A
space was fully leased (in the sense that a vacancy rate of
less than 10 percent may be considered normal) in the early
1980s, whereas vacancy rates for non-A space rose.

This

- 15 -

pattern is consistent with the idea that A landlords viewed
their properties as profitable, whereas non-A landlords
experienced high vacancy rates and may have risked loan
default.

The Role of Financing
The previous section contends that landlords may, under
very plausible conditions, choose to let tenants run off to
maximize their rent revenues and thus their profits.

Since

leases are assumed to be uniformly distributed, it is unlikely
that B landlords would allow tenants to run off for more than
a few years, as the vacancy rate would likely dominate rental
rate reductions rather quickly.

Thus, whereas it is quite

conceivable that the passage of a tax law like ERTA could
force vacancy rates up and simultaneously drive up new office
building construction over relatively short periods, the
construction of new offices also requires that banks finance
the projects.

Without loans, no new building activity and

hence no rising vacancy rates may take place.

The Banker's Dilemma
Normally, the construction of office buildings requires
financing.

In this section, it is shown that rational,

profit-maximizing banks may choose to make real estate loans

- 16 -

that cause them to sustain losses, i.e., bad real estate
loans.
Litan [1992] puts forth what he believes to be "... the
well-known observation that commercial real estate activity
appears to be heavily influenced by the availability of
finance, or liquidity.

When times are good and money is

available, lenders lend and builders build."

Certainly in the

1980s times were good, available money was lent, and buildings
were built.

But why in the face of evidence that the returns

from owning commercial space were diminishing and vacancy
rates were rising did lending activity continue to occur?

As

Hester [1992] stated, "The puzzle is why it [commercial
construction spending] remained as high as it did and why
commercial banks would increase their commercial mortgage
lending in such conditions."
This puzzle may be solvable.

Banks (which were the only

financial intermediaries that substantially increased their
exposure to commercial real estate in the 1980s) may have
simply been acting in a rational, profit-maximizing manner
when they made lending decisions that appear irrational ex
post.

The key insight comes from separating banks' marginal

loan decisions from the average return on banks' real estate
assets that is observed ex post.
This point may be described by the development of a

- 17 -

simple hypothetical example.
each with a bank.

Consider two neighboring towns,

Each bank faces a dilemma one day when a

developer in each town unveils plans for a new A-space office
building in the respective downtowns.

The developer in each

town has 10-year lease commitments from B- space tenants who
would be attracted to the new local building because of
favorable rents made possible by ERTA; tenants are assumed not
to be able to move between the two towns.

Assume also that

the new buildings will generate returns in excess of the costs
of borrowing at market rates of interest.

Each developer,

commitments in hand, approaches the local bank for a
construction loan and a subsequent permanent loan for a 10year term.

Each local bank weighs its options, knowing that

granting the loan will result in higher vacancy rates in B
buildings in the local town (whose mortgages the local bank
wholly holds).
Each bank also knows that if it makes the loan some of
the mortgages on B-space office buildings it holds will likely
default.

If it does not make the loan, the developer can

apply and get credit at the bank in the neighboring town since
the neighboring bank does not have to be concerned about
losing tenants from B-space buildings on which it holds
mortgages.

Assume that each local bank anticipates that its

new building would add $200,000 in profits, but would result

- 18 -

in $300,000 in defaults on existing loans in its portfolio.
Each bank faces the same dilemma over whether to lend to its
local developer.

Band A's decision rule may be represented as

a two-part decision process.

First, the payoff to Bank A is

contingent on the willingness of Bank B to finance the
project, so Bank A must decide if Bank B will always finance
the developer.

Since Bank B is unconcerned with loan defaults

in Bank A's territory, Bank B will always gain a payoff of
$200,000 from financing the developer, and is always willing
to provide the financing.
The second part of Bank A's decision is to evaluate its
payoffs given that Bank B is willing to provide financing.
The payoff is as follows:

Payoff to Bank A

Make Loan
Don't Make Loan

-100,000
-300,000

Thus Bank A will always make the loan to the local
developer.

This occurs even though the bank fully anticipates

that it will lose money and knows that vacancy rates will
rise.

Bank B will also act in the same fashion in response to

developers in its territory.

- 19 -

Summary and Conclusion
Overbuilding in the 1980s in commercial real estate,
particularly in the office-building sector, has been widely
cited as a cause of banking problems and of sluggish economic
growth.

Most explanations of commercial real estate

overbuilding during that decade describe the period as an
example of a speculative bubble and find little evidence of
the period being driven by underlying economic fundamentals.
This paper describes an office market in which
overbuilding activity, as it is commonly described, can be
generated as a rational response to the passage of ERTA in
1981.

Viewed ex post, rising commercial real estate vacancy

rates do not necessarily indicate the existence of a realestate bubble, given that ERTA raised non-rent returns to
relatively new office buildings, but not to older buildings.
Expected returns from newly constructed office buildings may
be sufficient for builders to build and for banks to lend,
even when overall vacancy rates are rising and banks are
experiencing more commercial real estate loan defaults.

It is

concluded that rising vacancy rates accompanied by new
building activity and bank financing (even when "bad loans"
are fully anticipated) could be rational responses to ERTA.
It should be noted that it is not the intention of this
paper to propose that only the phenomena discussed here drove

- 20 -

overbuilding in the 1980s.
work.

Clearly many other factors were at

Rather, this paper proposes that during the 1980s at

least some of the actions of tenants, landlords, and bankers
that formerly have been labeled as irrational may have been
aimed at the rational pursuit of profits.

Finally, the

results of this paper imply that some of the overbuilding and
resultant "bad" lending by banks that occurred during the
1980s was likely driven by actions of the fiscal authorities
rather than by the actions of bad bankers.

- 21 -

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Lemmings?" New England Economic Review . Federal Reserve Bank
of Boston, September/October 1993, pp. 13-32.
Browne, Lynn, and Karl Case. "How the Commercial Real Estate Boom
Undid the Banks." In Real Estate and the Credit Crunch .
Federal Reserve Bank of Boston, 1992, pp. 1-17.
Chandler, Clay, and John Bussey, "The Reckoning Real Estate
Collapse in Japan is Hammering Both Buyers and Banks," The
Wall Street Journal, Vol. 29 (July 1993), p. 1.
Corcoran, Patrick J. "Explaining the Commercial Real Estate
Market," Journal of Portfolio Management , Spring 1987, pp.
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Generational Accounting: Knowing Who
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- 22 -

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