Blog #60 Toward a Housing Strategy for New York 1

Notes Towards a Housing Strategy for New York City

That there Is a housing crisis in New York City for the majority of its residents, and particularly severe for lower income and “discriminated-against minority groups,” hardly requires further documentation.[1] And there is an emerging consensus amongst housing advocacy groups and community-based and progressive political groups that strong measures, from administrative changes to even radical legislation, are needed to remedy the situation. It may be useful to try to put together what a comprehensive agenda for legal, political, and administrative change might look like, on whose substance common agreement might be developed. And the language with which we discuss urban issues needs to be looked at carefully, for the implicit bias much of it contains.

A. sets forth the premises of the strategy.
B. lists some of the concrete programs that might be foregrounded as demands.
C. lists some of the words that are often mischievously used in housing discussions.

A. The strategy accepts the following premises:

1. That there is indeed a crisis in housing, that it inequitably negatively affects particularly low-income and discriminated-against minority groups and inequitably favors higher income groups and profit-motivated suppliers of housing in the housing industry.
2. That the market, given the gross and inequitable inequalities of income reflects these inequalities, and cannot be expected to be a tool to end this crisis; its natural tendency is indeed to exacerbate it, and it requires radical control from government to act otherwise.
3. That community-based decision-making, accepting broadly-defined principles of justice, non-discrimination, and participation, is an essential element in developing a housing system that is equitable and free of crisis.
4. That, while some reforms may meet general approval and be win-win measures, any serious attempt to resolve the housing crisis will involve sharp conflicts of real interests, both material and ideological, and full consensus of serious reform is not to be expect. Rather, conflicts, in which grass-roots organizations and social movements need to play a critical role, are inevitable, and must be anticipated and planned for.
5. That the very words used in debates about housing policy can operate to vitiate meaningful research and be used as tools to influence the outcomes of conflicts over policy.

B. In outline, then, the measures that together might implement a serous strategy [3] addressing the housing crisis might include [2]:

2. Adopting public policies that predictably serve to reduce discrimination, reinforce equity, and help end the housing crisis, including :

a. Ending upmarket rezoning, which produces displacement, discriminates against the interests of those most in need of housing, and produces exclusionary communities.
b. Participatory budgeting, allocating significant sums for housing programs expanding options for affordable housing.[4]
c. Reinterpreting ULURP to required 4/5 majority of City Planning Commission and city Council votes to override a CB vote, thus reversing an opinion of the Planning commission’s counsel that the Charter Revision creating the Community Boards did not give their votes any legal force or effect. [5]
d. Revising City procedures for the handling of properties whose future use is within its power to influence, to give priority to uses expanding housing opportunities for lower-income households and development, to promote ownership and/or management by non-profits in the form of non-profit coops or condos or community land trusts or mutual housing associations community-based non-profit non-governmental organizations.
e. Amending the real estate tax system to serve social policy purposes as well as raise revenue, by increasing taxes for underused and speculatively-held vacant properties, imposing a speculation tax on the profit from rapid turnover of properties acquired for resale.
f. Requiring a registry of residential properties (lots, buildings, units) held vacant for over 3 months and imposing significant fees for late registration or failure to register, steeply increase with time, and authorizing filing of a lien.
g. Rent control, with limits pegged at the lower of tenant affordability and landlord break-even in the aggregate. Eliminating vacancy decontrol.
h. Public housing support and new construction, with continuing occupancy at proportionately increased rent if income increases over limits for entry.
i. Minimum wage and pro-labor organizing measures, with the understanding that they ameliorate the housing crisis, but do not establish an equitable housing system, and are ineffective unless coupled with rent and price controls. (Likewise, health insurance, unemployment compensation, and parallel measures).

C. In research and advocacy, avoiding language that cloaks serious issues or act as euphemisms for actions that would be recognized as undesirable if properly named.[6] Such terms, which often reflect implicit but heavily
Ideologically biased concepts, include:

a. Density, when put forward as if increasing density is per se a suitable goal for a housing policy, or as a simple way to produce affordable housing
b. Affordable housing, when used without recognizing that the definition of what is affordable must take into account that the need for housing becomes greater as incomes decline.
c. Market, when only the private profit-driven market in meant, rather than a system of shaping the distribution of goods and serves, and of public policies, to reflect varying individual and social preferences.
d. Up-zoning, rather than upmarket zoning
e. Wealth creation, if seen as a goal of housing policy for home owners, treating housing, not as a necessity of life valued for its use, but rather as a commodity invested in for it the profit to be derived from it
f. Government intervention, if suggesting there is a “natural” private housing system not fully dependent from the outset on governmental action.
g. Diversity, if used to encourage introduction of higher income or higher status households into lower income communities or communities of color.
h. Color blindness, if used to preclude examination of patterns that my reflect discrimination on the basis of color.
i. Environmentally Sustainable, when excluding the consideration of the social environment.
j. Displacement, when limited to the immediate eviction of households, excluding 1) precautionary or “voluntary” displacement undertaken ahead of but because of the immanence of rising unaffordable rents/costs or foreclosure actions, excluding 2) secondary displacement resulting from price changes in areas outside the immediate area of a given change but required because of it, and excluding 3) excluding prospective displacement, the prevention of households moving into -moving into a neighborhood desired by and otherwise affordable for them because of rising prices. [7]
k. Gentrification, when used as synonymous with neighborhood improvement, rather than its accurate definition as in-movement of higher income households into a neighborhood displacing lower-income households.
l. Integration, desegregation, mixed income, when used to support-movement of a white non-Hispanic population into a community displacing lower income and/or minority households. [8]
m. Growth, when used as a self-evident goal of public policy per se, neglecting what is to be grown and for whom, the relation between the various forms and directions of growth and social justice .
n. Competitiveness, when used as a desirable goal of city policy per se, neglecting questions of the net social desirability of aiding the competitive position of a given city against other cities in terms of the impact on social justice and the differential impact of economic competiveness on different economic and ethnic and racial goops.
o. City, as in ”the city,” when used to suggest that the city is an organic entity in which a benefit to any one part is a benefit to all, avoiding acknowledgement of the multiple conflicting interests in the city and the recognition that benefits for some, most frequently the upper income and elite, is likely to be at the expense of others, most likely the poor and minorities, e.g. wage levels.
p. Filtering, the assumption, contrary to fact, that benefits at the top of the income social, ethnic and racial ladder will filter down and benefit those below as well. As their higher-income residents move in, the tendency is rather to displace than to benefit lower-income ones. [9]
q. Transformative, unless used to separate radical from reformist proposals or policies. [10]

1. See, for instance, the several excellent studies of the Furman Center for Real Estate at New York University, the trenchant studies of many
3.For the distinctions between reformist and transformative proposals, see, “Blog #30 – Transformative Proposals in Nine Areas”
4. See Marcuse, Peter. 2014. “Participatory Budgeting–Expansion.” In City Limits web site,
5. A vote of the City Council, or even a new Charter Revision may be necessary for this purpose, and might expand the Board’s access to information and revise Board procedures improving the availability of technical assistance outside of city government if needed.
6. Marcuse, Peter, 2006. Expert Report, In Mhany Management Inc., And New York Communities For Change Vs. Incorporated Village Of Garden City and Garden City Board Of Trustees, U.S. District Court, Eastern District of New York Case 2:05-cv-02301-ADS-WDW Document 413 Filed 12/06/13 Page 1 of 65 PageID #: 10601, cited at page 41.
7.For a fuller discussion, see Marcuse, Peter, “Gentrification, Abandonment, and Displacement: Connections, Causes, and Policy Responses in New York City,” Journal of Urban and Contemporary Law, Vol. 28, 1985, reprinted in revised form as “Abandonment, Gentrification and Displacement: The Linkages in Nw York City” in Neil Smith and Peter Williams, eds., Gentrification of the City, Boston: Allen and Unwin, 1986, pp. 153-177, and in Loretta Lees, Tom Slater, and Elvin Wyly, eds. The Gentrification Reader, 2010, London, Routledge, pp. 333-348.
8.As a sample of the mischievous use of the term: a chair of the New York City Planning commission argued: “gentrification is merely a pejorative term for necessary growth.. “ “Improvement of neighborhoods – some people call it gentrification – provides more jobs, provides housing, much of it affordable, and private investment, which is tax revenue for the city,” she said.
9. Leo Goldberg’s draft for his research spells this out.
10. See, Blog #11, Reforms, Radical Reforms, and Transformative Claims.