Tag Archives: New York City

Mandatory Inclusionary Zoning in NYC

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"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.

The Marvel of NYC’s Water Supply

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Rocket Thrower & Unisphere by Jim Henderson

Another school holiday, another museum. The family and I went to the Queens Museum. Although I am a lifelong New Yorker, I had never been there before. It is a great, small museum, with just a few galleries. It is right smack in the middle of Flushing Meadows-Corona Park. The museum is a stone’s throw of the majestic Unisphere, which is even more amazing from close up. We had gone to see the survey of Zhang Hongtu‘s work, which was very good. But readers of this blog would likely be more interested in two exhibits on long-term loan to the museum. The first is From Watersheds to Faucets: The Marvel of New York City’s Water Supply System:

For the 1939 World’s Fair, city agencies were invited to produce exhibits for the New York City Pavilion, now the Queens Museum. Each exhibit shared “what the various branches of municipal government are doing to serve the citizens of today.”

To educate New Yorkers about the water supply system, the Department of Water Supply, Gas, and Electricity, created the relief map now displayed at the Queens Museum. A team of cartographers began work in 1938 with a depression-era budget of $100,000, roughly $1.5 million in today’s dollars. But at 540 square feet, the model was too big for the allotted space. Ten years later, it made its only public appearance in the City’s Golden Anniversary Exposition at Manhattan’s Grand Central Palace.

In 2008, after decades in storage, the 27-piece relief map was in desperate need of conservation. The model was sent to McKay Lodge Fine Arts Conservation Lab in Oberlin, Ohio and restored to its original brilliance. In collaboration with the New York City Department of Environmental Protection, it will now remain on long-term loan in its originally intended home in the New York City Building.

The second exhibit is pretty famous and it is very cool to see up close: the Panorama of the City of New York, the biggest full-scale architectural model in the world. The Panorama was commissioned for the 1964 World’s Fair. The museum has kept the Twin Towers on the Panorama, which is pretty powerful, once you notice it.

The two exhibits together give you a sense of the grandeur of a world-class city both in itself and within its broader physical context. Another thing to put on your NYC bucket list.

Affordable New York

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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.

NINYBY

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human-592734_1920

A propos of yesterday’s post on the great paradox of housing policy — people say that they want restrictive land use policies which limit the construction of new housing at the same time that they say that they want more affordable housing in their communities — I present Exhibit 1: Votes by Community Boards Running Strongly Against de Blasio Affordable Housing Proposals. This document provides evidence that people are strongly opposed to affordable housing in their own communities while bemoaning the lack of affordable housing in nearby communities. This state of affairs is so extreme that it deserves its own acronym, Not in New Yorkers Backyards, or NINYBY.

This document was produced by New York Law School’s CityLand periodical and it discusses a

comprehensive chart tracking every vote taken by community boards citywide on the ZQA and MIH text amendments. On September 21, 2015, the City Planning Commission referred for public review the Zoning for Quality and Affordability (ZQA) and Mandatory Inclusionary Housing (MIH) citywide text amendments. Since the public review process has begun, community boards across the city have met to discuss and vote on each of the two proposals. All 59 New York City Community Boards have until November 30th to vote on two citywide text amendments.

CityLand has created a comprehensive citywide chart that is tracking every community board action taken on ZQA and MIH.

*     *     *

Thus far, an overwhelming number of community boards have voted against both of these proposals, with MIH doing marginally better than ZQA. Within the boards themselves, the votes have been lopsided, with several recording unanimous votes against. Most Boards have backed up the votes with statements expressing their reasons for opposition. Some Boards that approved the measures included stipulations to the Yes votes.

New York City is never going to even begin to address its affordable housing issue if it does not implement policies like these proposed by the de Blasio Administration. Those who oppose these policies should at least admit that much is true.

Tuesday’s Regulatory & Legislative Round-Up

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Housing Affordability in NYC

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Jacob Riis, Lodgers in a Crowded Bayard Street Tenement

The Citizens Budget Commission has released Whose Burden Is It Anyway? Housing Affordability in New York City by Household Characteristics. The CBC produced some interesting and counterintuitive policy briefs last year, in which it

examined housing affordability across large U.S. cities to assess New York’s situation in a broader context. Using federal data sources, CBC found that while many New Yorkers face high rents, and the share of households who are “rent burdened” (paying more than 30 percent of income toward rent) grew between 2000 and 2012, the city ranks near the middle among 22 large cities in the share of rent-burdened households. A second analysis revealed New York has the lowest transportation costs among the 22 cities studied due to the large proportion of residents who commute via mass transit. When housing and transportation costs are combined, the city rises from 13th to 3rd place in affordability. The average New York household pays 32 percent of its income towards housing and transportation costs, well within the U.S. Department of Housing and Urban Development’s (HUD’s) affordability guideline of 45 percent. CBC also examined how some “typical” households (as defined by HUD) fared in terms of housing and transportation costs in the same group of cities. In this analysis, low income households in New York also ranked relatively well despite facing serious rent burdens. (1)

The current CBC report looks at NYC rent burdens in greater detail. Key findings include,

  • Forty-two percent of New York City’s renter households are “rent burdened;” that is, adjusting for actual rent paid by each household (“out-of-pocket contract rent” plus utility costs) and food stamp benefits, they pay more than 30 percent of income in rent. „
  • Half of rent burdened households are severely rent burdened, paying more than 50 percent of income in rent. Ninety-four percent of these severely rent-burdened households are low income. „
  • Low-income severely burdened households are disproportionately comprised of singles and seniors. They are also disproportionately households with children and located in the outer boroughs. (2)

CBC adjusts rent to take into account subsidies and familial support. Some will disagree with adjustments of this type, but I think it is a pretty reasonable approach. When combined with the adjustments it made for transportation costs, CBC has produced a textured portrait of the state of housing affordability in NYC.

Property Tax Exemptions in Wonderland

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Cea

NYU’s Furman Center has released a policy brief, The Latest Legislative Reform of the 421-a Tax Exemption: A Look at Possible Outcomes. This brief is part of a series on affordable housing strategies for a high-cost city. It opens,

Since the early 1970s, New York City has provided a state-authorized, partial property tax exemption for the construction of new residential buildings. In the 1980s, the New York City Council amended the program to require that participating residential buildings in certain portions of Manhattan also provide affordable housing. Most recently, New York State extended the existing program through the end of 2015 and created a new 421-a framework for 2016 onward. However, for the program to continue beyond December, the legislation requires that representatives of residential real estate developers and construction labor unions reach a memorandum of understanding regarding wages of construction workers building 421-a program developments that contain more than 15 units.

This brief explores the possible impacts of the new 421-a legislation on residential development across a range of different neighborhoods in New York City, including neighborhoods where rents and sale prices are far lower than in the Manhattan Core and where the tax exemption or other subsidy may be necessary to spur new residential construction under current market conditions. We assess what could happen to new market rate and affordable housing production if the 421-a program were allowed to expire or if it were to continue past 2015 in the form contemplated by recently passed legislation. Our analysis shows that changes to the 421-a program could significantly affect the development of both market rate and affordable housing in the city (1, footnote omitted)

The 421-a program operates against the backdrop of a crazy quilt real property tax regime where similar buildings are taxed at wildly different rates because of various historical oddities and thinly-sliced legal distinctions. Like the Queen of Hearts, the rationale given by the Department of Finance for this unequal treatment amounts to no more than — And the reason is…because I say so, that’s why!

The brief concludes,

Our financial analysis of the possible outcomes from the 421-a legislation offers some insights into its potential impact on new construction. First, if the 421-a benefit expires in 2016, residential developers would lower the amount they would be willing to pay for land in many parts of the city. The result could be a pause in new residential developments in areas outside of the Manhattan Core as both buyers and sellers of land adjust to the new market.

*     *     *

Second, if the newly revised 421-a program with its higher affordability requirements and longer exemption period goes into effect in 2016 without any increase in construction costs, the city is likely to have more affordable rental units developed in many parts of the city compared to what the existing 421-a program would have created. Condominium development without the 421-a program may still continue to dominate in certain portions of Manhattan, though the program appears to make rentals more attractive. (12)

The first outcome — lower land prices if 421-a expires — is not that bad for anyone, except current landowners. And it is hard to feel bad for them, given that they should not have expected that 421-a would remain in effect forever (and not to mention the rapid increases in NYC land prices). The second outcome — the new 421-a framework — sounds like better public policy than the existing program.

But one wonders — what would it take for NYC to develop a rational real property tax regime to replace our notoriously inequitable one, one that treats like properties so differently from each other. Can we escape from Wonderland?