Reiss on Urban Planning Legacy of the Bloomberg Administration

The BLS Real Estate Society is sponsoring The Zoning and Urban Planning Legacy of the Bloomberg Administration on Monday, November 25th from 6:30 p.m. – 9:00 p.m. in the Student Lounge on the first floor of Brooklyn Law School, 250 Joralemon Street. The press release reads:

Come hear two real estate experts discuss and debate zoning and urban planning issues and the legacy of the outgoing Bloomberg Administration.

Panelists

Mitchell Korbey ’03, Chair of Zoning and Land Use Group, Herrick Feinstein

David Reiss, BLS Real Estate Professor (previously Paul Weiss, and Morrison & Foerster)

No RSVP is required for this event. Contact Rafe Serouya at rafe.serouya@brooklaw.edu for more information.

Mitch’s bio reads in part,

Prior to joining Herrick, Mitch served for six years as commissioner of the New York City Board of Standards and Appeals under Mayor Rudolph Giuliani, and as director of the New York City Department of City Planning’s Brooklyn office, where he guided Brooklyn’s first mixed use zoning districts through the public review process and spearheaded plans for the rezoning and revitalization of a number of neighborhoods, including Williamsburg and Greenpoint.  Prior to running the Brooklyn office, Mitch was deputy director of the Staten Island office and served in the City Planning Department’s Housing and Economic Development Division.

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Mitch is an Adjunct Professor in Hunter College Graduate School’s Urban Affairs and Planning Department where he teaches Land Use Law and leads a seminar entitled “Lawyers and Planners in the Development Process.”  His insights on real estate development and the intricacies of local zoning laws have appeared in major real estate and business publications, including Crain’s, The New York Times and The Real Deal.

He is also a co-author of Herrick’s land use and zoning blog, ZONE, which keeps readers up-to-date on the latest issues in land use and environmental law.

Affordable Housing in the De Blasio Era

Mayoral candidate de Blasio’s position on affordable housing policy can be found here. The key points include:

  • Require developers to build some affordable housing when they build in neighborhoods that have been upzoned (mandatory inclusionary zoning)
  • Direct $1 billion in city pension funds to affordable housing construction

  • Apply the same tax rate to big, vacant lots as applies to commercial properties and earmark the increased revenues for affordable housing

  • Ensure that affordable housing subsidies meet the needs of lower-income families and are distributed equitably throughout the City

As I had mentioned previously, NYU’s Furman Center (and its Moelis Institute for Affordable Housing Policy) ran a great series of ten conversations on the big housing issues facing New York City’s mayor. Since then, the Furman Center has posted ten policy briefs about those issues.The ten issues are

  1. Should the next mayor commit to build or rehabilitate more units of affordable housing than the Bloomberg Administration has financed?

  2. Should the next mayor require developers to permanently maintain the affordability of units developed with public subsidies?

  3. Should the next mayor adopt a mandatory inclusionary zoning program that requires developers to build or preserve affordable housing whenever they build market-rate housing?

  4. Should the next mayor seek to expand the use of city pension funds to develop affordable housing?

  5. Should the next mayor provide a rental subsidy for moderate- and middle-income households?

  6. Should the next mayor permit more distant transfers of unused development rights to support the development of affordable housing?

  7. Should the next mayor support the New York City Housing Authority’s plan to lease its undeveloped land for the construction of market-rate rental housing?

  8. Should the next mayor allow homeless families to move to the top of the waiting list for housing vouchers or public housing?

  9. Should the next mayor offer to cap the property tax levy on 421-a rental properties in order to preserve the affordable units within those buildings?

  10. How should the next mayor prioritize the preservation of existing affordable housing units?

Mayor-Elect de Blasio and his team will have to struggle with all of these issues. There are few easy answers in New York City when it comes to housing policy.

Rebuilding After Sandy

My Property Law Colloquium this semester will address topics relating to climate change, resiliency and sustainability with a particular focus on how those issues affect post-Sandy New York City. I co-teach this class (which is also open to graduate students in urban planning and related programs at the Pratt Institute) with Brad Lander.  Brad is a NYC Councilmember, but more importantly for this class, he was the director of the Pratt Center for Community Development before being elected to the Council.

I will be blogging about the issues addressed in the class intermittently, particularly since hurricane season is back. I recently discussed NYC’s hurricane preparedness with the Christian Science Monitor in ‘Above Normal’ Hurricane Season Coming. Is New York Ready for Another Sandy?. The likelihood of another Sandy-level event is extremely low in the near term (because of Sandy’s perfect storm conditions: a full moon, high tide and bad luck as to where the storm hit land) but certainly those of us on the East Coast are right to feel wary.

The City and the federal government have been working to address short and long term issues relating to Sandy-like storms and they have issued a number of reports on this issue over the last few months. Most recently, the federal government’s Hurricane Sandy Rebuilding Task Force has issued its Hurricane Sandy Rebuilding Strategy (link to full report at bottom of the press release).

I was struck by how many of the Task Force’s recommendations were straight real estate and real estate finance issues, including

  • Prioritizing the engagement of vulnerable populations on issues of risk and resilience. [remember how public housing and adult home residents were particularly hard hit by Sandy]
  • Helping disaster victims to be able to stay in their homes by allowing homeowners to quickly make emergency repairs. Preventing responsible homeowners from being forced out of their homes due to short term financial hardship while recovering from disaster by creating nationally-consistent mortgage policies. [remember the images of people having to live in the shells of their homes after they were gutted to address mold and other damage]
  • Making housing units – both individual and multi-family – more sustainable and resilient through smart recovery steps including elevating above flood risk and increased energy efficiency [remember the images of safe raised homes next to destroyed ground-level homes]. (13-14)

I’ll follow up on these issues over the course of the semester, but for now let’s just hope that those perfect storm conditions don’t reappear for a long time.

The Future of Affordable Housing in NYC

Yesterday, NYU’s Furman Center started a great series, #NYChousing: 10 Issues for NYC’s Next Mayor:

Over each of the next 10 days, #NYChousing will release an issue brief that presents a housing policy question that will confront the next mayor of NYC. The #NYChousing briefs do not provide policy recommendations, but instead provide the background facts, point out potential trade-offs, and pose questions to be considered in order for the candidates and the public to make informed decisions about competing policy proposals.

The first two issues are:

1. HOUSING BUDGET:  Should the next mayor commit to build or rehabilitate more units of affordable housing than the Bloomberg Administration has financed?

2. PERMANENT AFFORDABILITY:  Should the next mayor require developers to permanently maintain the affordability of units developed with public subsidies?

There are Twitter chats about both of these issues, with eight more to come. Tomorrow’s topic is

3. MANDATORY INCLUSIONARY ZONING: Should the next mayor adopt a mandatory inclusionary zoning program that requires developers to build or preserve affordable housing whenever they build market-rate housing?

The Center provides the following guidance for its Twitter chat:

 Throughout the #NYChousing series, the Furman Center will host a series of Twitter chats to discuss each of these policy questions. Each one-hour Twitter chat will start at 11:00am ET and will focus on that day’s policy question. We encourage and welcome your participation.

What’s a Twitter chat? It’s an interactive Twitter conversation spanning a specific period of time. The Furman Center (@FurmanCenterNYU) will pose a handful questions about that day’s #NYChousing policy question. Participants will follow the conversation and tag their responses with the hashtag #NYChousing.

How do you participate? If there’s a question you want to answer or a point you want to make, simply chime in with your insight, a link to a blog post you’ve written-whatever you’d like to add to the conversation. There’s no pressure to follow along for the entire hour or to answer every single question. Be sure to include the hashtag–#NYChousing-in your response.

I will be giving my own two cents as this chat progresses.