Feet to The Fire on Property Taxes

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Newsweek interviewed me for Mamdani’s Property Tax Plans Holding Hochul’s Feet to Fire, Expert Says. It reads, in part,

New York City Mayor Zohran Mamdani’s proposal for a 9.5 percent property tax increase in the city is a way of holding Governor Kathy Hochul’s “feet to the fire,” according to David Reiss, professor of law at Cornell Tech and Cornell Law School.

Mamdani said this week that he was proposing the increase in property tax rates in New York City as an option if he could not persuade the governor to approve higher taxes on the wealthy.

“It’s very interesting, because Mamdani endorsed her in her race for governor, which is this year,” Reiss, an expert in real estate, told Newsweek, pointing at the strong relationship that the two have maintained until now.

Not only is the 34-year-old mayor backing Hochul in her reelection bid, but he also told organizers of a Tax the Rich rally in Albany, planned for February 25, that he would likely not attend the event because he does not want to antagonize the governor, as reported by The New York Times.

“So he’s done some things that are very good for her, but then he’s kind of holding her feet to the fire and saying that Albany can make the situation much better in New York, and this is how I want you to do it,” Reiss said.

“‘I want to raise taxes on the wealthy, and the backup—because I want more revenue for the city—would be my property tax hike, but I acknowledge that it’s painful,’” he added. “’I acknowledge that that’s unpleasant, but I want to hold your feet to the fire on the income tax increase.’”

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“I think Mayor Mamdani is trying to set the terms of the debate and kind of trying to allocate blame for the budget deficit that the city’s about to face,” Reiss said. “And so he’s trying to say, ‘I have a path forward, but it requires partners in government to help with that path forward,’” he added.

“And so, he’s kind of trying to set up a dynamic where, when blame is allocated for budget cuts and promises unkept, he could say he did his best to make this happen, but partners in government are not playing ball with him.”

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For Reiss, the unfolding tension between Mamdani and Hochul over a “rich tax” in New York is a reflection of a bigger split within the Democratic Party nationwide.

“I think both in New York and nationally, what we’re seeing is the economically progressive wing of the Democratic Party, as reflected in Mamdani, represents a push to reallocate resources away from the very wealthy towards the low-income and working class constituents,” Reiss said.

Mamdani, he thinks, is doing a good job at setting that debate up. The question is, he said, which wing of the party will win.

“It’s an interesting question in a majority Democratic state like New York, where both the governor and the mayor are Democrats. But it’s also going to be interesting in jurisdictions where you might have a Democratic mayor and a Republican governor, especially as we go to the congressional midterms,” he added.

“Republicans are going to talk about Socialist Democrats and Democrats are going to talk about billionaire-loving Republicans. And voters will have to decide, you know, which vision of America they agree with more.”

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Voters, Reiss said, are sophisticated enough to understand that Mamdani might not keep all of his campaign promises, and might be willing to cut him some slack because he has already delivered some important reforms.

“For Mamdani, a very early win was getting the governor to go along with the child care proposal, which is, I think, fulfilling a major campaign promise,” he said.

“I think he now has the ability, because he’s been able to appoint a majority to the rent guidelines board, to encourage the board to implement a rent freeze, and that was a major campaign promise,” Reiss added.

Mamdani’s Property Tax Hike Proposal

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ABC News interviewed me in New York Mayor Mamdani’s Property Tax Hike Proposal Puts Pressure on Taxing Millionaires. It reads, in part,

David Reiss, a clinical professor of law at Cornell Law School, told ABC News that it was inevitable that Mamdani’s progressive policies would be met with initial resistance by moderates in a highly contested election year, but the debate over taxation will be one that resonates across the country as affordability takes center stage at the ballot box.

“I have no doubt this will be a flashpoint for national elections and state and local elections as well,” Reiss said.

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A Political Game of Chicken Not Limited to NYC

Reiss, who used to chair New York City’s Rent Guidelines Board, told ABC News that taxation has always been the big factor in elections, with Republicans previously running on a stance of no new taxes on Americans.

This year’s election season will be different, he noted, given Mamdani’s rise to national prominence, as well as that of progressive candidates who have been championing policies to help Americans make ends meet, such as improved child care and rent relief.

“You will see people say, ‘We want to increase revenues to support progressive issues,'” Reiss said.

Reiss said that Mamdani is “planting the flag” in a manner that is important to him and his supporters by making a property tax hike warning a part of his negotiations with the City Council and Albany.

Reiss further said that dangling a worst-case scenario this early puts the conversation on affordability and government fiscal priorities front and center, instead of it being buried under other issues that will surface as election season kicks off.

“You’re seeing a very popular mayor to use the bully pulpit for some change with a politically middle-of-the-road state government,” he said. “It really is a political game of chicken.”

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Reiss noted that the public push for more cost relief has seen leaders become more open to considering progressive policies.

Since Mamdani won the mayoral election, Hochul has been more open to some of his proposals to help New Yorkers, including expanding state funding for child care options for children aged two and older.

On Monday, the governor, whom Mamdani has endorsed, announced that the state would invest $1.5 billion in the city over the next two years for various services and programs, such as public health and youth services.

“It seems from a political perspective a logical strategy for a popular mayor to take, but it’s not without its risks,” Reiss said.

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Lawmakers across the country are facing growing calls from their constituents to address income inequality and the wealth gap, Reiss said, noting a proposed wealth tax in California on billionaires that has prompted some corporations threaten to leave the state.

“It’s the lightning rod, and it sets the terms of the debate,” Reiss said of Mamdani’s budget negotiation proposal. “But we’ll see if it compels other partners in government to go along or to resist it.”

Housing Stability in the Mamdani Administration

By Phillip Capper, Wellington, NZ – 143rd. St., Bronx, NY, 2/08, CC BY 2.0

I am looking forward to the discussion tonight on Housing Stability in the Mamdani Administration, hosted by the Urban Design Forum. While it is sold out, we will be discussing “what a potential rent freeze may look like under the Mamdani administration” and I am sure there will be some good reporting on this topic over the coming weeks and months. The Forum writes,

As living costs continue to rise, Mayor-elect Mamdani has proposed freezing rents on stabilized apartments as a way to support tenants and protect housing stability. At the same time, critics warn that such measures could make it harder for building owners—particularly those managing older buildings with thin margins—to maintain safe, livable homes.

We’ll begin with an overview presentation by Mark Willis of the Furman Center, followed by a panel with Oksana Mironova, Emily KurtzDavid Reiss, and Thomas Yuon how the next administration can promote tenant stability and preserve affordable housing.

What strategies can preserve deep affordability while ensuring stabilized buildings remain financially sustainable?

What’s Andrew Cuomo’s Plan to Help New York City Renters?

The New York Times interviewed me in a video, What’s Andrew Cuomo’s Plan to Help New York City Renters? The transcript reads,

“Can you describe rent prices in New York?” “High.” “Expensive.” ”Out of control.” ”The rent here is absolutely crazy.” “Very, very unaffordable. Two verys — yeah very, very expensive.” Median asking rent in New York City is up more than 7 percent in just the last year. It’s now about $4,000 per month. That’s made the cost of housing a key issue in the mayor’s race, with the top candidates each proposing changes to a core New York City housing policy: rent stabilization. Nearly half of the apartments in New York are currently rent stabilized, which means that their rent increases are determined by a government agency controlled by the mayor. That makes rent stabilization a hot button issue for hundreds of thousands of voters. After front-runner Zohran Mamdani revealed what he pays in rent — “$2,300 for my one bedroom in Astoria.” — rival Andrew Cuomo argued he was unfairly occupying an affordable apartment and shouldn’t qualify for rent stabilization because he makes $142,000 a year. “Rent-stabilized units, when they’re vacant, should only be rented to people who need affordable housing.”

Many rent-stabilized tenants are low income, but about 16 percent of rent-stabilized households do earn at least $150,000 a year. If elected mayor, Cuomo says you could only qualify for a rent-stabilized apartment if your rent is 30 percent or more of your income. Let’s say this couple is looking for an apartment. Their salaries are $35,000 and $45,000 a year. They find a rent-stabilized apartment for $2,000 a month. That’s 30 percent of their income. So under Cuomo’s plan, this couple will face less competition for this lease because anyone who makes more than them could not apply for the the apartment. Means-testing is popular with voters. About 65 percent supported it in a recent Times-Siena poll.

But critics argue that Cuomo’s plan reflects a misconception that rent stabilization is an affordable housing program. In fact, it’s a form of market regulation with roots in the postwar era. “After World War II, you had returning G.I.s starting families.” The rent gets too damn high and the government takes a look to say, ‘Is there something we could do about it?’” Some apartments in this period were rent-controlled. The system that eventually effectively froze 1970s rents in place like the famously low-rent apartments from “Friends” and “Sex in the City.” “You have a rent-controlled apartment? I suggest you stay there.” In reality, only about 1 percent of apartments are rent controlled today. Most are now covered by rent stabilization, which first became law in 1969. “It really was this broad-based sense that tenants needed the government to come in and kind of limit that increase in their rent. Rent stabilization was not designed to take into account the income of the tenant at all. Rent regulation was really put into place to say when the vacancy rate is so low, landlords can’t use that as an opportunity to gouge tenants for increases in rents.” Today, rent stabilization applies to most apartments in buildings with at least six units that were built before 1974. That covers about one million units and two million New Yorkers. Rent increases are set by the mayor-appointed Rent Guidelines Board. “So you’re not at the mercy of your landlord solely. They can only go according to the increased percentage rate that the Rent Guidelines Board decides.”

Joanne Grell is a tenant advocate in the Bronx. She moved into a rent-stabilized apartment nearly 25 years ago and still lives in it today. “I moved here back in 2002 with a 2-year-old and a 5-year-old, not knowing exactly how I was going to be able to be a single mom and afford to live in the city. Fast forward 23 years later, I raised my children here.” When she moved in, her rent was about $950 a month. She earned a moderate income, but if means-testing had been in place, she wouldn’t have qualified for her unit. “When I moved in here 23 years ago, it might have been 20 percent of my salary. So if Cuomo’s means-testing proposal was in place when I applied for this apartment, I would have never been able to get it.” Now, she does spend more than 30 percent of her income on rent, which has gone up to $1,750 a month. Grell plans to vote for Mamdani this election because she believes his proposal to freeze the rent would help struggling tenants like her and 69 percent of voters in the Times-Siena poll agreed. “My upstairs neighbor said to me, ‘If I get another increase, I will not be able to keep my apartment.’ That’s how serious it is.”

David Reiss said that Mamdani’s rent freeze would help tenants in the short term, while Cuomo’s means-testing would be an administrative nightmare that could make life difficult for many. Ultimately though, he said neither of these policies address the root cause of high prices: that there aren’t enough apartments to go around. Both mayoral candidates have said they support building hundreds of thousands of units to help address the housing shortage. “We need more housing, a lot more.” “Get the supply up. The rents will come down.” But Reiss says neither candidate’s plans would meet the demand and don’t account for factors like population growth or apartments being demolished. “Politicians from President Trump to Andrew Cuomo to Zohran Mamdani, have all proposed policies to address housing affordability. But it can’t just be doing what we’re doing now, but a little bit better. Fundamentally, if you want to increase affordability, you have to build more housing.”

Rent Freezes in NYC

Zohran Mamdani, Democratic Nominee for Mayor of NYC

The New York Times quoted me in Free Buses and Billions in New Taxes. Can Mamdani Achieve His Plans? It reads, in part,

A major pillar of Mr. Mamdani’s economic plan is housing: He wants to build 200,000 units of affordable housing and freeze rent on the city’s nearly one million rent-stabilized apartments.

But to build, he has said the city will have to borrow $70 billion, exceeding its debt limit by some $30 billion. Going over the limit would require state approval.

Freezing rent, on the other hand, is relatively straightforward and has precedent. But there are consequences.

Mayors cannot freeze rent on their own, but they do appoint the nine members on the Rent Guidelines Board, which sets rents on the city’s rent-stabilized units.

David Reiss, who served on the board under Mr. de Blasio, said that before it voted, members generally considered the overall state of housing in the city, including affordability, landlord expenses and economic conditions.

He said that members could decide that affordability was the most important factor and vote to freeze rents, as they did in 2015, 2016 and 2020.

“A rent freeze would meet the needs of a lot of people who are having a hard time keeping up with their rent,” Mr. Reiss said, “but it’s an unsustainable operation.”

Landlords, including those whose buildings have a large majority of rent-stabilized units, are increasingly saying that they are not collecting enough rent to maintain units.

“Are we going to be pushing a distinct portion of the housing market into great distress because their expenses are outstripping their income?” Mr. Reiss said.