June 2006
 
 
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THOMPSON: AFFORDABLE HOUSING CRISIS IS ACCELERATING

New York City Comptroller William C. Thompson, Jr. speaks at a news conference on Thursday, May 25, 2006, regarding the significant loss of affordable Mitchell-Lama and Limited Dividend housing units. Photo credit: Marla Maritzer
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Significant Loss of Mitchell-Lama and Limited Dividend Housing Seen Since 2004

New York City cannot keep pace with the rapid, significant loss of affordable Mitchell-Lama and Limited Dividend housing units as increasing numbers of project owners have opted out of the programs, according to a report released today by Comptroller William C. Thompson, Jr.

“In just the last two years, there has been a dramatic increase in the number of affordable units converting to market rate,” Thompson said. “We’re seeing a staggering loss of affordable housing and along with it, fewer and fewer housing options for New Yorkers.”

The report, Affordable No More: An Update – New York City’s Mitchell-Lama and Limited Dividend Housing Crisis Is Accelerating, found that between 2001 and 2003, about 4,700 units left the programs. Since 2004, however, the number of units that have left the programs and filed to leave the programs skyrocketed to more than 25,000.

If all pending withdrawals occur, New York will have lost more than 49,000 units – nearly a third of the 150,000 units created under the programs.

Joined by elected officials, housing advocates and tenants, Thompson said: “The crisis isn’t around the corner, it’s here today.”

According to Thompson’s report, the substantial and accelerating loss of Mitchell-Lama and Limited Dividend housing has offset many of the City’s affordable housing gains. Although the City’s Department of Housing Preservation and Development funded the creation of 12,229 affordable housing units since 2002, the City lost 12,943 units of Mitchell-Lama housing during that same period.

“It’s clear that, despite a very strong commitment by the City to create and preserve affordable housing, we are losing ground to the market forces that are tempting building owners to leave these programs,” Thompson said.

As owners increasingly opt out of these two programs, thousands of New Yorkers are going to be faced with rental rates that are far beyond their reach, Thompson said, using the experience of tenants of Independence Plaza North in Lower Manhattan as an example. Rents for a two-bedroom apartment in the development ranged from $900 to $1,400 per month when the development was part of the Mitchell-Lama program. After withdrawing from the program, two-bedroom rents soared to $3,200 per month.

“Now is the time to push for programs and changes in State laws to ensure the long-term affordability of these programs to protect financially vulnerable families,” Thompson said.

Thompson made the following recommendations in his report:

  • New York State should establish a program to help refinance mortgages and pay for needed repairs for the remaining 52,090 units of Department of Housing and Community Renewal-supervised Mitchell-Lama housing that were financed by the New York State Housing Finance Agency, the Urban Development Corporation or the State Loan Fund.
  • The State should enact legislation, already passed by the Assembly, to place under rent-stabilization all Mitchell-Lama developments built after 1974 that leave the program. In 2005, the sponsors of this bill estimated it would protect approximately 32,000 tenants.
  • The State should enact legislation to prohibit owners of Mitchell-Lama developments from applying for rent increases under the “unique and peculiar circumstances” clause of the Emergency Tenant Protection Act.
  • The City should investigate the feasibility of new loan programs that would provide Mitchell-Lama and Limited Dividend developments that are not eligible for the Housing Development Corporation Refinancing and Rehabilitation Assistance Loan program with access to long term low-interest financing if they continue to remain in their respective programs.
  • The City should clarify the new Housing Development Corporation Mitchell-Lama Co-Op Conversion Program. For example, many Mitchell-Lama rental developments need extensive repairs in order to overcome years of deferred maintenance, yet it is unclear how capital improvements would be financed.
  • The City should develop affordable housing production goals on a neighborhood basis, taking into account which neighborhoods are most likely to lose Mitchell-Lama and Limited Dividend housing in coming years.
  • The City should work with local community organizations and elected officials to develop programs to help Mitchell-Lama and Limited Dividend families find replacement housing, in their current neighborhoods or in other sections of the City.
  • This report is an update to a 2004 study, Affordable No More: New York City’s Looming Crisis in Mitchell-Lama and Limited Dividend Housing.

A full copy of both reports can be viewed at the Comptroller’s web site: www.comptroller.nyc.gov.


THOMPSON'S TAX REBATE PLAN FOR SENIORS GAINS CITY COUNCIL SUPPORT

New York City Comptroller William C. Thompson, Jr. joins City Council Members Lew Fidler and Leroy Comrie at a news conference at City Hall on May 24, 2006, as Fidler and Comrie announced their intent to introduce legislation based on Thompson’s proposal to provide an additional $600 in tax relief to senior homeowners.
Photo credit: Marla Maritzer

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View letter to Mayor
View Council Member Lew Fidler’s release

Comptroller William C. Thompson, Jr. joined City Council members Lew Fidler (D-Brooklyn) and Leroy Comrie (D-Queens) as Fidler and Comrie announced their budget initiative to provide a property tax rebate for senior citizen homeowners. Their initiative is based on Thompson’s proposal, City Aid for Senior Homeowners, or CASH.

“As the costs of home ownership continue to escalate, senior homeowners are forced to make difficult decisions about their living expenses,” Thompson said. “My proposal, City Aid for Senior Homeowners, would broaden the City’s current tax relief program and provide much-needed additional tax relief to seniors living on fixed incomes. Our seniors have helped our City through some very difficult times. It’s time for us to help them as much as we can.”

The initiative would expand the City’s current property tax rebate program to provide additional benefits to seniors enrolled in the New York State Enhanced School Tax Relief (STAR) program. Qualifying seniors would receive a rebate of up to $600, depending on tax liability, in addition to the current $400 rebate, for a combined benefit of up to $1,000. Currently, approximately 81,000 seniors are enrolled in Enhanced STAR.

“Seniors have increasingly become house rich and cash poor,” said Fidler. “We would love to provide property tax relief to all New Yorkers, but in this program we will at least be reaching the ones who have been hit the hardest in terms of cash flow.”

Comrie added, “Our senior community built the very City that has become cost prohibitive for them and is forcing many of them out. The cost of increasing assessments and fees requires that we in government make every attempt to ease the financial burdens of our seniors.”

The eight Council members who signed on to the Fidler/Comrie initiative for Thompson’s CASH program are: Maria del Carmen Arroyo, Tony Avella, Simcha Felder, James Gennaro, Vincent Gentile, Eric Gioia, Robert Jackson, and James Sanders, Jr.


THOMPSON: PROPERTY TAX PROGRAM FAVORS MANHATTAN LUXURY BUILDINGS

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View letter to Mayor Bloomberg

Analysis shows tax breaks for multi-family housing may not reflect the City’s current real estate market

A property tax savings program created to spur housing development three decades ago may have outlived its usefulness, as Manhattan luxury developers and apartment purchasers have reaped the bulk of the program’s benefits, according to a report released today by Comptroller William C. Thompson, Jr.

An analysis of the distribution of property tax savings granted under the City’s Section 421-a tax incentive program shows that most of the benefits have subsidized some of the most expensive housing in the City. The analysis was delivered to Mayor Michael R. Bloomberg today.

The 421-a program offers developers tax exemptions to encourage them to build new multi-family housing, and requires that, in return, recipients in the Manhattan “exclusion zone” – generally between 96 th Street and West Houston/14 th Streets – must help finance affordable housing. The Comptroller’s analysis documents that relatively little affordable housing has been financed compared with the value of the exemptions that have been taken.

In Fiscal Year 2005, more than $320 million in Section 421-a subsidies was provided. Since 1998, the annual value of 421-a subsidies has increased by more than $240 million.

Comptroller Thompson commended Mayor Bloomberg for recently appointing a Task Force to evaluate the program, and said, “My analysis should assist the Task Force as it evaluates how to update the 421-a program to reflect that the City’s residential real estate market is stronger than it was in the early 1970’s when the program was enacted.”

The major findings of the Comptroller’s report, An Overview of Section 421-a Housing Subsidy Distribution, are:

  • In Fiscal Year 2005, Manhattan developments received 78% of all 421-a benefits yet accounted for merely 48% of the number of units that received 421-a benefits. Elsewhere, this pattern was reversed, with the percentage of the number of units receiving 421-a benefits exceeding the percent of total value of the 421-a exemptions.
  • Developments with subsidies of more than $10,000 per unit in 2005 accounted for only 19% of units in the 421-a program but received more than 50% of the 421-a benefits. These deeply subsidized units are nearly all in Manhattan and had a market value of $4.2 billion.
  • Since there is no cap on subsidy levels, in 2005 owners of some units in a few 421-a buildings, such as 845 United Nations Plaza and 176 Perry Street, received subsidies of more than $100,000 per unit.
  • The 421-a program also subsidizes non-residential uses within a residential development such as parking garages, commercial office and retail spaces, day care centers, medical offices, and even wine cellars. Commercial condominiums received $19 million in subsidies through the 421-a program in 2005.
  • Under the 421-a 80/20 program, developers receiving 20-year tax exemptions in the Manhattan “exclusion zone” are required to set aside at least 20 percent of their apartments as affordable rentals for lower-income households. Buildings participating in this program received $103 million in 2005 alone, or nearly $50,000 per unit of affordable housing, and during their remaining years in the program will receive more than $1 billion in taxpayer assistance, non-discounted, or more than $520,000 per unit of affordable housing created.
  • In Manhattan south of the exclusion zone, subsidies provided through 10-year exemptions totaled more than $24 million in 2005, yet there was no requirement for developers or unit purchasers to contribute to affordable housing.
  • Developers in the Manhattan “exclusion zone” may also opt for a 10-year exemption in return for purchasing negotiable affordable housing certificates from affordable housing developers. More than 7,675 housing units received subsidies through the 421-a negotiable certificate program in 2005, helping finance approximately 1,918 units of affordable housing. The subsidy for each affordable unit was estimated to be between $42,000 and $52,000, while the average tax expenditure per affordable unit of housing in 2005 financed through this program was more than $58,000. Developments receiving 421-a benefits in the exclusion zone received approximately $119 million in tax exemptions.
    Outside of Manhattan, most of the projects receiving 421-a subsidies are located in growing, gentrifying neighborhoods.

The Comptroller’s analysis raised several issues for further research, including:

  • The feasibility of extending the exclusion zone.
  • Reevaluating the affordable housing contribution to be required in exclusion zones.
  • The possibility of revising the negotiable certificates program.
  • Devising alternative methods of determining which 421-a projects must contribute to affordable housing.
  • Determining the impact of 421-a subsidies on land costs.


To view a copy of the report or the letter to Mayor Bloomberg, please visit the Comptroller’s web site: www.comptroller.nyc.gov.

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