Blog # 83 – Housing Approaches in New York City: 5 Points in a Long View.


Housing Approaches in New York City: 5 Points in a Long View:[1]

The five points, in brief:

  1. Democratic government has to be big government

Because of the size and hostility of big business

  1. Privacy has two meanings. One meaning is “personal,” private as opposed to “open.”

It should be respected both by government and business.

  1. The other meaning is “private” as opposed to “public.”

Private in that usage means profit-motivated on behalf of individual beneficiaries.

It should give way to the public   sector in housing policy.

  1. “Public –private partnerships” are a hoax.

They are a partnership like that between a gladiator and a tiger in a Roma circus,           or between a hungry lion and a lamb in the wild.

  1. The current housing system is deeply flawed.

It distributes housing based on wealth, not on need, and requires strategic  change, perhaps sectorally focused, but with a vision for the whole.

The five points, in detail:

  1. Democratic government has to be big government[2]

Because of the size and hostility of big business

In the election campaign, there’s a fear of saying that on both sides. Even Sanders seems to accept the idea that government sold be as limited as possible, only where necessary to remedy failures of the private sector.

But the economy is by nature private, private is more efficient, private is the default way of providing goods and services, socially necessary good and services and luxury goods and services.

In the case of housing, private means the real estate industry, the complex  of land and building  ownership; public means public housing, which can include housing owned publicly by decentralized in management to its occupants.

  1. Privacy has two meanings. One meaning is “personal,” private as opposed to open.

It should be respected both by government and by business.

Privacy is a requirement for human dignity and individual freedom: areas of life in which each individual may decide for him or herself what kind of life to lead, what kind of relationships to have, what kind of priorities to pursue.

In the case of housing, a person home, in that sense, is his or her castle, personal, inviolate, private in the sense that most people understand home ownership [3]. In multi-family housing, coops, etc., it means full resident participation and decision-making in building matters.

  1. The other meaning is “private” as opposed to “public.”

“Private” in that usage means profit-motivated on behalf of individual or  non-resident corporate beneficiaries.

In the case of housing, that means it should give way to the public sector in housing policy. If the goal of public policy in a democracy is the general welfare distributing essential goods and services should be on the basis of need, not on the basis of ability to pay.

There should be a right to housing, as a human right.

  1. “Public –private partnerships” are a hoax.

They are a partnership like one between a gladiator and a tiger in a circus, or between a gladiator and a tiger in a Roman circus, or between a hungry lion and a lamb in the wild.

In such a partnership, it is in the private interest to reduce the number and quality of any benefits to workers (to residents, in the case of housing) to the minimum, and increase the costs that government will pay to the maximum. The interest of government is to increase the benefits to the occupants to a reasonable maximum, and to do it by lowering the costs it must cover to provide profits to the private partner to the minimum.

It is a permanent conflict of interest between the partners, where most benefits to one is a cost to the other. (Pure efficiency savings are an exception but are rare; each side will be striving for efficiency in what it does regardless of partnership or not.)

Legally, in a partner, each partner is personally liable for all the debts of the partnership. Hardly the case with public-private “partnerships.” Public-private partnerships are functionally essentially a cowardly way of not raising taxes for a necessary and publicly desired approved purpose.

  1. The current housing system is deeply flawed.

It distributes housing based on wealth, not on need, and requires strategic change, perhaps sectorally focused, but with a vision for the whole.

The housing system as a whole is today distributed on the basis of wealth, not of need, based on its exchange value as a commodity, not as a use value and necessity of life. It benefits the rich much more than the poor, the 1% more than the 99%.

It requires  radical change, including change in the capitalist system of which it is apart,  but only incremental change is politically possible today politically in New York City or on the necessary national level; the power of the real estate industry and the profitability of land speculation are too great. Incremental change needs to be pursued, perhaps best on a sectoral level.[4]

Brad Lander’s efforts on the City Council of New York may be close to the outer limits of what is politically feasible today. Such change should be part of a broader vision of what is fundamentally necessary desired.

If this leads to a pretty basic criticism of the capitalist   system under which we are working today, so be it. Listen to the pronouncement of one hardly vulnerable to being accused of being a socialist. Might it, or an equivalent statement of a general principle, serve as the preamble to any serous proposals even for modest reform?

“”the machinery of the current globalized economy [constitutes] …a system of commercial relations and ownership which is structurally perverse. [where] the limited interests of businesses [and] a questionable economic mindset [take precedence,] an instrumental logic that holds the maximization of profits as its only objective….the principle of the maximization of profits…. reflects a misunderstanding of the concept of the economy.” It results from a “global system where priority tends to be given to speculation and the pursuit of financial gain, which fail to take the context into account, let alone the effect on human dignity and the natural environment. [5]

—————————

 

[1] Expanded from and influenced by a panel discussion on “privatize!” atthe exhibit If You Can’t Afford to Live Here, Mo-o-ve!, in New York City on June  23, 2016.

[2] An expansion of this point will be found at pmarcuse.wordpress.com, Blog #84: Big Business Requires Big Government, Contra Republicans and..

[3] For a discussion of legal aspects, see Peter Marcuse, “Homeownership for Low Income Families,” Land Economics, May 1972.

[4] Blog #60, Towards a Housing Strategy for New York, at pmarcuse.wordpress.com, although from 2014, might also be of interest.

[5] Encyclical Letter, Laudato Si: On Care for Our Common Home, Pope Francis, May 24, 2015.

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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 pmarcuse.wordpress.com, “Blog #30 – Transformative Proposals in Nine Areas”
4. See Marcuse, Peter. 2014. “Participatory Budgeting–Expansion.” In City Limits web site, http://www.citylimits.org/conversations/262/participatory-budgeting-what-s-the-potential.
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 pmarcuse.wordpress.com, Blog #11, Reforms, Radical Reforms, and Transformative Claims.

Blog #53 – Density, Inclusionary Zoning, Housing Planning: Cautions on de Blasio’s Plan


Density, Inclusionary Zoning, Housing Planning: Some Cautions on  the           de Blasio Plan.

Mayor de Blasio’s Housing Plan is a far better plan than anything we’ve had since LaGuardia, and worthy of full support. But there are four large issues that need to be addressed, some in its principles, some in implementation: Density, Growth, Equity, and Comprehensiveness.

Density leads to gentrification and displacement, if not controlled [1]. There is a natural tendency look to the market to determine where increased density will work, to support increased density by zoning decisions, infrastructure investment location, tax policies, eased building height and FAR requirements, support for mega-projects, where the market indicates there is effective demand. That means, specifically, where there is the proverbial rent gap: where increased real estate values, particularly land values, suggest higher profits are to be gained by improvements, whether modernization and upscaling or higher and more dense new construction. Permitting such “improvements” thus is synonymous with increasing the prices of housing, not only in the locations made more dense, but in their surroundings. That in turn means one of the principal causes of gentrification and displacement is is advanced by public policy.

But there are good ways and bad ways of increasing density, if the purpose is to address housing needs in an equitable fashion.

Bad:

  • Permitting demolition of low-rise low-rent housing in favor of denser more expensive housing.
  • Permitting new housing in public housing sites for occupancy at market rates, where low-rent, i.e. subsidized housing could be built. Increasing density in already gentrifying neighborhoods.
  • Permitting densification without neighborhood rent regulations, fair and strictly enforced.
  • Permitting open and undeveloped space to be built on without regard to existing neighborhood use and needs.
  • Disregarding unbiased neighborhood opposition and community-based planning goals.
  • Increasing congestion and pollution without adequate transportation provision.
  • Providing bonuses permitting development beyond existing planning limitations

Good:

  • Increasing density by requiring that partially-occupied and vacant properties being held off market for speculative purposes be made available for occupancy, at affordable rents.
  • Improving public housing.
  • Increasing the supply of subsidized housing.
  • Controlling against the displacement effects of gentrification by rent regulation strictly enforced.
  • Make every program increasing density subject to open Community Board review, with over-riding of its vote only by a super-majority of Planning commission and City Council.
  • Investing in remediation of brownfield sites while preserving compatible industrial or commercial uses providing benefits equitably distributed.
  • Complying with community and city-wide planning standards regarding contextual development, light and air standards, accessibility provision and congestion avoidance.

Inclusionary housing can lead to neighborhoods further functionally segregated by race and income, if not controlled, and can be an inefficient use of governmental subsidies if provided. Inclusionary housing only works where the market is strong enough so that a developer or landlord can make a profit from market prices high enough to cover the provision of below-market rate units. Thus, it will only work in higher income neighborhoods, predictably more non-Hispanic white than the in the city as a whole. That effect will be particularly strong the lower the income of the target population to be benefited, in the development, because it will require a greater cross-subsidy, hence higher market rate units, hence even more likely non-Hispanic white. . And if it is limited to already higher income neighborhoods, it is likely to increase the concentration of significantly segregated residences in the city if it provides bonuses for buildings which result in a net increase of the proportion of high-income uses in the larger community. A very delicate balancing is required, with opposing dangers.

Further, the higher the effective subsidy needed, the higher the rents/prices of the market rate units needed to make inclusion profitable. If owners are permitted to select the tenants providing meting inclusionary requirements, they will discriminate in favor of the highest permitted income and the most “responsible” (“acceptable” ) tenants, creaming among applicants by considerations other than the need for housing. With the large majority of residents of an inclusionary development paying market plus rents, their demands on neighborhood facilities and services will be very different from those of the residents of the below-market rate units, to the latters’ disadvantage. Identifying the below-market rate units as such permits a likely stigmatization and pressure to separate out their residents. The worst case scenario might be the equivalent of servant’s quarters in a private residence.

But there are good ways and bad ways of designing and implementing inclusionary zoning, if the purpose is to address housing needs in an equitable fashion.

Bad:

  • Permit the market to determine where inclusionary housing will be provided.
  • Implement it particularly in transitional neighborhoods where the probability and disadvantages of gentrification are greatest.[2]
  • Let owners determine selection of residents for below-market-rate units.
  • Permit external identification of affordable units, or their isolation.
  • Ignore neighborhood impacts of construction, and neighborhood needs for facilities and services.
  • Make inclusionary development financially profitable by allocating public subsidies , including tax and other benefits, to support their rentals, effectively reducing the pressure on market-rate rentals and reducing cross-subsidy effect.
  • Provide as bonuses deviation from neighborhood planning and construction standards and limitations, e.g. height limits, zoning restrictions.
  • Permit obligation to provide below-market rate units to expire.

Good:

  • Make inclusionary housing mandatory, and target city programs of support in such a way that they draw on the developer’s profits over subsidies to support them.
  • Require a high enough number of below-market-rate units in any building to permit the provision of neighborhood facilities and services for the needs of all residents.
  • Permit city control of tenant selection for below-market units, perhaps using Housing Authority waiting lists and criteria.
  • Hold to planning-established limits on height, set-backs, etc. avoiding the granting of zoning and building exceptions’ or bonuses for inclusionary developments.
  • Provide for major participation in design and implementation of proposed beneficiaries in need of affordable housing.
  • Make every program subject to open Community Board review, with over-riding of its vote only by a super-majority of Planning commission and City Council.

Conclusion: Inclusionary housing can be an excellent program, but requires caution in its application. The devil is in the details. On-going effective participation of intended beneficiaries in need of housing is key in design and implementation.

A good Housing Plan requires long-term considerations beyond its immediate measures.Desirable provisions of a housing plan for New York City might include a city-wide housing plan developed as part of the city’s comprehensive planning process, that would deal with goals and standards for decisions on the location of housing and population distribution and density. Such a plan should deal explicitly with issues of segregation and equity among income groups and by race, color, ethnicity, age and gender. Zoning should be an important part of the implementation of such a plan, and specifically should include consideration of income-targeting land use allocation, as in providing income targets in the definitions of residential zones.

It should be comprehensive, and consider issues such as: zoning regulations facilitating for low income housing; Rent regulations. Tax action policies, taxing profits fairly, holding down depreciation deductions to match reality, surtaxes on flipping housing units, taxing quick turnover sales as ordinary income, making real estate taxes progressive, conforming to binding 197-a comunity plans, calling for equity impact statements on planning decisions, adopting clear city equity standards.Make a housing plan part of the city’s planning process, including goals for an agreed-upon equitable distributing of locations for housing development.[3] Adopt anti speculative warehousing legislation to deal with the full use of vacant units. Give due weight to the need for open space and active public political uses as well as recreational and passive. Integrate with regional considerations.

A general concern with the plan may arise from the process envisaged to put it into effect. The de Blasio Plan states:

“the City will conduct the analyses required for development of a mandatory inclusionary zoning program that satisfies sound land-use planning and legal principles, then will engage a broad group of housing stakeholders to solicit their input into the modifications and expansions of the Inclusionary Housing Program, and will work with stakeholders moving forward to ensure that the program functions smoothly to support development while also meeting the needs of communities” p. 31.

But if all “stakeholders,” regardless of their position, resources, and needs are treated as equals, equity is ill served, and inequalities are as likely to reinforced as reduced. A more robust arrangement for public participation is required, in which community and grass-roots active participation is supported.

A comprehensive look at the extent of the long-term over-all need for better affordable housing will show that the de Blasio plan is only one step, although an important one, in meeting the full need.[4] The private profit-driven market should be brought in to contribute. But to rely on public-private partnerships to solve the problem is ultimately a refusal to recognize that it will not do so, and cannot be expected to do so. Ultimately public provision is an inescapable necessity. The private housing sector should contribute to the necessary resources, by tools like mandatory inclusionary zoning, and certainly by progressive taxation, but the responsibility to pursue equity in housing is a public, not a private, responsibility.

Growth is not per se desirable. There is an underlying assumption running through the plan that considers growth to be a value for itself, development to be per se a good thing, even though it is often qualified as having “serving community needs” or “serve low and moderate income households.” It is an assumption that deserves examination. New York City today is a city where “growth” is largely led by its financial sector, whose prosperity becomes a threshold factor in the establishment of priorities.

Growth, generally, is desirable that reduces inequality.[5] Is growth desired if it increases inequality? Or increases segregation? Both short and long term factors come into play, and perhaps complex economic analyses, but should equity not be of fundamentally importance, rather than growth for its own sake?

Framing an equitable plan for housing is a complex process. De Blasio’s plan is a major step forward. But there is more to be done.

[1] For a look a the historical treatment of density in New York City’s development, see Marcuse, Peter. 1993. “Density and Social Justice: Is There a Relationship? A Historical Examination” Columbia Documents of Architecture and Theory (D), vol. Three, pp. 50‑87.

[2] De Blasio’s plan speaks of focus on transitional neighborhoods, p.8 but it also calls for it “in all medium and high density districts where rezonings provide an opportunity for significantly more housing.” P.30

[3] The plan speaks encouragingly of following policies “that [satisfy] sound land-use planning and legal “Principles; p. 31. They need to explicitly deal with issues of equity and segregation. ”

[4] The data in the Plan itself support this conclusion, as well as the detailed figures from the Housing and Vacancy Survey and studies of the Furman Center and a number of other sources.

[5] Reducing inequality is well known as a key de Blasio concern, and that is reflected frequently in the plan, e.g. p. 26, but requires concretization in application.

Blog #50 – Inclusionary Zoning: Good and Bad


Blog #50 – Inclusionary Zoning: Do’s and Do-not’s. —

[Slightly revised version incorporated in Blog #53, Density, Inclusionary Zoning, Housing Planning: Cautions on de Blasio’s Plan]

Inclusionary housing can lead to neighborhoods further functionally segregated by race and income, if not controlled, and can be an inefficient use of governmental subsidies if provided.Inclusionary housing only works where the market is strong enough so that a developer or landlord can make a profit from market prices high enough to cover the provision of below-market rate units. Thus, it will only work in higher income neighborhoods, predictably more non-Hispanic white than the in the city as a whole. That effect will be particularly strong the lower the income of the target population to be benefited, in the development. And if it is limited to already higher income neighborhoods, it is likely to increase the concentration of significantly segregated residences in the city if it provides bonuses for buildings which , net, increase the proportion of high-income uses in a community. A very delicate balancing is required, with opposing dangers.

Further, the higher the effective subsidy needed, the higher the rents/prices of the market rate units needed to make inclusion profitable. If owners are permitted to select tenants providing inclusionary benefits, they will discriminate in favor of the highest permitted income and the most “responsible” (“acceptable” ) tenants, creaming among applicants by considerations other than the need for housing. With the large majority of residents of an inclusionary development paying market plus rents, their demands on neighborhood facilities and services will be very different from those of the residents of the below-market rate units, to the latters’ disadvantage. Identifying the below-market rate units as such permits a likely stigmatization and pressure to separate out their residents. The worst case scenario might be the equivalent of servant’s quarters in a private residence.

But there are good ways and bad ways of designing and implementing inclusionary zoning, if the purpose is to address housing needs in an equitable fashion.

Bad:

  • Permit the market to determine where inclusionary housing will be provided.
  • Implement it particularly in transitional neighborhoods where the probability and disadvantages of gentrification are greatest.[1]
  • Let owners determine selection of residents for below-market-rate units.
  • Permit external identification of affordable units, or their isolation.
  • Ignore neighborhood impacts of construction, and neighborhood needs for facilities and services.
  • Make inclusionary development financially profitable by allocating public subsidies , including tax and other benefits, to support their rentals, effectively reducing the pressure on market-rate rentals and reducing cross-subsidy effect.
  • Provide as bonuses deviation from neighborhood planning and construction standards and limitations, e.g. height limits, zoning restrictions.
  • Permit obligation to provide below-market rate units to expire.

Good:

  • Make inclusionary housing mandatory, and target city programs of support in such a way that they draw on the developer’s profits over subsidies to support them.
  • Require a high enough number of below-market-rate units in any building to permit the provision of neighborhood facilities and services for the needs of all residents.
  • Permit city control of tenant selection for below-market units, perhaps using Housing Authority waiting lists and criteria.
  • Hold to planning-established limits on height, set-backs, etc. avoiding the granting of zoning and building exceptions’ or bonuses for inclusionary developments.
  • Provide for major participation in design and implementation of proposed beneficiaries in need of affordable housing

Conclusion: Inclusionary housing can be an excellent program, but requires caution in its application. The devil is in the details. On-going effective participation of intended beneficiaries in need of housing is key in design and implementation.

[1] De Blasio’s plan speaks of focus on transitional neighborhoods, p.8 but it also calls for it “in all medium and high density districts where rezonings provide an opportunity for significantly more housing.” P.30