Tag Archives: transferable development rights

Affordable Housing and Air Rights in NYC

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NYU’s Furman Center released a report, Unlocking the Right to Build: Designing a More Flexible System for Transferring Development Rights. While its title does not reflect it, the report is really about increasing the supply of affordable housing in New York City. It opens,

New York City faces a severe shortage of affordable housing.  . . . Addressing this shortage of affordable housing is one of the biggest challenges facing the new de Blasio administration. The city’s affordable housing policy will undoubtedly require many strategies, from preserving the existing stock of affordable units to encouraging the construction of new affordable units. Over the past decades, the city has managed to subsidize the development of new affordable units in part by providing developers with land the city had acquired when owners abandoned properties or lost them through tax foreclosures during the fiscal crisis of the 1970s. Almost none of that land remains available, and the high cost of privately owned land poses significant barriers to the production of new affordable housing.

In this brief, we explore the potential of one strategy the city could use to encourage the production of affordable housing despite the high cost of land: allowing the transfer of unused development rights. As we describe in further detail below, the city’s zoning ordinance currently allows owners of buildings that are underbuilt to transfer their unused development capacity (often referred to as transferable development rights or TDRs) to another lot in certain circumstances. (1-2, footnotes omitted)

The report estimates that buildings below 59th Street in Manhattan that cannot use all of their development rights because of landmark restrictions could generate sufficient TDRs to produce about 7,000 affordable housing units. That number would be a significant step toward Mayor de Blasio’s goal of producing or preserving 200,000 units of affordable housing, so there is no doubt that this policy is worth a look. And the fact that one of the authors of the report, Vicki Been, is now the Commissioner of NYC’s Department of Housing Preservation and Development will ensure that it does get such a look!

The report acknowledges that loosening the restrictions on TDRs has downsides as well, such as the possible construction of big buildings that are out context of neighboring properties. But the report is intended as a “first step” in the exploration of an innovative land use policy. (19) And it certainly is a step in the right direction.

Affordable Housing in the De Blasio Era

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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.