Mandatory Inclusionary Zoning in NYC

"East New York" by MMZach

New York City Comptroller Scott Stringer issued an analysis of Mandatory Inclusionary Housing and the East New York Rezoning. It opens,

In an effort to address the City’s ongoing affordable housing crisis, the New York City Planning Commission is currently proposing a series of zoning changes, including Mandatory Inclusionary Housing (MIH) and Zoning for Quality  and Affordability (ZQA), for potential application in communities across the city. One neighborhood targeted for significant redevelopment is the East New York/Cypress Hill area of Brooklyn. While many Community Boards have already expressed a variety of concerns about the proposed rezonings, the ultimate question comes down to this: does the proposal help or hurt the existing affordability crisis — in East New York and across the five boroughs? (1)

The analysis concludes that “the City’s own data shows that the current plan could inadvertently displace tens of thousands of families in East New York, the vast majority of whom will be unable to afford the relatively small number of new units that will be built.” (1)

In place of the Mayor’s plan, the Comptroller proposes the following principles, among others:

  • target density to sites primed for affordable housing
  • ensure affordability for existing, low-income residents

While the Comptroller is right to highlight the impact of zoning changes on existing residents, his principles do not seem to lead to a better result for a city starved of new housing. Targeting density to sites primed for affordable housing will result in many fewer housing units because it applies to far fewer parcels. Ensuring affordability for existing, low-income residents will mean that subsidy dollars will have to be concentrated on fewer units of affordable housing.

This debate between the Mayor and the Comptroller highlights two key issues. First, every plan to increase affordable housing has winners and losers. Second, affordable housing policies almost always have to choose between providing moderate subsidies to many units or deep subsidies to fewer units. While the Comptroller’s analysis highlights those tensions in the Mayor’s plan, it does not acknowledge them within its own. There are no easy answers here and those who are truly committed to increasing the supply of affordable housing in NYC must make sure not to let the perfect become the enemy of the good.

Tuesday’s Regulatory & Legislative Round-Up

  • The White House’s Promise Zone initiative is seeking new applications from communities interested in becoming promise zones.  Promise Zones were created in 2013 by The Obama Administration, with the goal of partnering with high poverty communities to create jobs, and promote economic security, public safety, educational access and quality affordable housing. Promise Zone benefits include: tax benefits for businesses locating in or hiring from promise zones, preferences in obtaining federal contracts, and technical assistance in addressing local community revitalization issues.  The Promise Zone designation lasts for 10 years.

Thursday’s Advocacy & Think Round-Up

Tuesday’s Regulatory & Legislative Round-Up

  • President Obama recently signed the Fixing America’s Surface Transportation Act into law.  The legislation contains numerous provisions related to housing including, “pay for success” housing demonstration in which private contractors will enter into contracts to upgrade the efficacy of federal housing, and be compensated based on the effectiveness of their work.
  • The U.S. Department of Housing and Urban Development has proposed a new rule aimed at combating gender discrimination in the provision of housing services. Among other things, Equal Access to Housing in HUD Programs, Regardless of Sexual Orientation or Gender Identity prohibits inquiries into the gender and sexual status of tenants by housing providers.

Preserving Workforce Housing

"Affordable housing" by BrightFarm Systems

The Urban Land Institute has issued Preserving Multifamily Workforce and Affordable Housing: New Approaches for Investing in a Vital National Asset. Stockton Williams, the Executive Director of the ULI Terwilliger Center for Housing, opens the report with a Letter from the Author,

Real estate investors seeking competitive returns increasingly view lower- and middle-income apartments as an attractive target for repositioning to serve higher-income households. In response, creative approaches are emerging for preserving the affordability of this critical asset class for its current residents and those of similar means—while still delivering financial returns to investors.

This report from the ULI Terwilliger Center for Housing provides a broad-based overview of this rapidly evolving landscape. It profiles 16 leading efforts to preserve multifamily workforce and affordable housing, including below-market debt funds, private equity vehicles, and real estate investment trusts.

Collectively, the entities leading these efforts have raised or plan to raise more than $3 billion and have acquired, rehabilitated, and developed nearly 60,000 housing units for lower- and middle-income renters, with thousands of additional units in the pipeline. Several are actively raising more capital to expand their activities. They are meeting a pressing social need while delivering cash-on-cash returns to equity investors ranging from 6 to 12 percent.

The report is written with the following primary audiences in mind:

■ Developers and owners looking for new sources of capital to acquire, rehabilitate, and develop multifamily workforce and affordable properties;

■ Local officials and community leaders seeking options for attracting or creating new sources of financing to meet their rising rental housing needs for lower- and middle-income families; and

■ Real estate investors and lenders interested in more fully understanding their range of options for a product type that offers financial as well as social returns.

As the country continues to grapple with the worst housing crisis for lower- and middle-income renters it has ever known, the private sector and community-based institutions must play an ever-greater role in ensuring that existing affordable properties remain available to the many who need them, while doing what they can to produce new units where possible. The financing vehicles profiled here show what is possible and suggest opportunities for further progress. (iv)

I found Part II particularly useful, with its overview of financing vehicles. Many readers of this blog will benefit from a description of below-market debt funds, private equity vehicles and real estate investment trusts, particularly as they are illustrated with real world examples like the Bay Area Transit-Oriented Affordable Housing Fund, Avanath Capital Management and the Community Development Trust.

Tuesday’s Regulatory & Legislative Round-Up

Affordable New York

Beyond My Ken

I just came back from a great couple of exhibits at the Museum of the City of New York that would be of great interest to the readers of this blog. The first, Affordable New York: A Housing Legacy, provides a history and education of affordable housing programs that have been integral to the development of the City:

New York City has a long history of creating below-market housing for its residents. Today the city offers subsidized housing to families across a wide economic spectrum; more than 400,000 in public housing, and many more in privately or cooperatively owned apartments. With affordable housing a cornerstone of Mayor Bill de Blasio’s administration, New York’s housing legacy—often overlooked and little understood—is more relevant than ever.

Affordable New York traces over a century of affordable housing activism, documenting the ways in which reformers, policy makers, and activists have fought to transform their city. A focus on current and future housing initiatives demonstrates how New Yorkers continue to promote subsidized housing as a way to achieve diversity, neighborhood stability, and social justice.

The exhibit has a lot of good pictures that give a sense of the range of options that exist for affordable housing development. It also provides a condensed history of the NYC experience with subsidized housing.

The other exhibit, Jacob A. Riis: Revealing New York’s Other Half, is a bit more somber, but when viewed in the context of the first it shows the great progress we have made in providing decent housing to a broader range of City residents:

Jacob Riis (1849-1914) was a pioneering newspaper reporter and social reformer in New York at the turn of the 20th century. His then-novel idea of using photographs of the city’s slums to illustrate the plight of impoverished residents established Riis as forerunner of modern photojournalism. Jacob A. Riis: Revealing New York’s Other Half features photographs by Riis and his contemporaries, as well as his handwritten journals and personal correspondence.

This is the first major retrospective of Riis’s photographic work in the U.S. since the City Museum’s seminal 1947 exhibition, The Battle with the Slum, and for the first time unites his photographs and his archive, which belongs to the Library of Congress and the New York Public Library.

The pictures of the homeless kids are heartbreaking — Newsies without the songs — and the recreation of one of Riis’ public talks is pretty extraordinary. The shows are running for a few more months, so there is still plenty of time to see them.