How To Create Affordable Housing

If you read my screed on tax breaks here, you can guess my position on the 421a program, which exempts new condos and apartment buildings from property taxes for years and years. Get rid of it.

The developer captures that benefit from the apartment buyer by charging more, or from the renter by renting for the same amount and pocketing the savings. The development site owner then captures it from the developer, by also charging more, leaving housing no more affordable, development no more profitable, and new housing no more likely. If the tax breaks are exchanged for new units dedicated to a few people earning $35,000 or less, then the taxes are instead collected from others equally less well off, or diverted from services such as schools.

The only case in which the break helps is if, without them, housing development costs plus housing operating costs exceed rents or sales prices, making new units infeasible, even with a development site cost of zero. In that case the break, by reducing operating costs, may allow housing to be built without subsidy where it would otherwise be financially infeasible. That was our problem when the program was enacted. That is not the problem today, when people are being burned out of Crown Heights to create development sites, to be sold to developers for big profits.

There is, however, a way the tax break could be used to create lots of affordable housing. Extend it for one year, allowing buildings with complete foundations to vest if they complete within two years subsequent. And THEN end it.

Developers who bought development sites at prices that could only be recovered with the break would rush to build, along with some others. A huge wave of new units, even huger than that already in the pipeline, would come on the market -- perhaps in a recession. Supply would exceed demand, and rents and sales prices would drop. Investors would lose, but you pay your money and take your chances. That's how Texas is so affordable.

It has worked here too. Developers rushed to build condos and coops in Manhattan ahead of the creation of the original 421a exclusion area there in 1985, leading to a glut that exacerbated a price collapse at the end of the decade. In the early 1960s, a "grace period" was enacted allowing developers a few years to build under the more liberal pre-1961 zoning. The resulting surge in building across the city was not even approached until the past few years. The subsequent bust wiped out much of the city's development industry.

I can almost feel the consternation of my old boss in the economics division at City Planning at the thought of creating a regulatory-induced glut, amplifying the inventory cycle. But hey, Eric, there is a lot of stupid money out there. Shouldn't we get some to subsidize our housing, rather than using tax dollars? And after all, isn't housing cheap in Texas?



Submitted by 628 (not verified) on Fri, 11/24/2006 - 10:54pm.
I'm tempermentally adverse to using regulatory gimmicks such as 421a to further public policy, since interest groups like developers will always be a step ahead of government in figuring out to game the system. I do like the plan posited here on how to end the tax break. I suspect that a more free market housing system in New York wouldn't leave the middle class at least worse off than the one we have now, and could work much better for them, though it may hurt the very poor. However, my position on this is that if we move in that direct, we should go all the way. Don't get rid of a small piece of the puzzle like rent control, for example, and keep the tax breaks. I suspect that any "reform" favored by real estate interests will make the problem worse, at least if adopted in isolation. In Hong Kong, doesn't the city government own all the real estate? Hong Kong seems to be able to house people at much higher densities than New York, and the non-rich are still able to live there.
Submitted by Larry Littlefield on Sat, 11/25/2006 - 10:54am.
All it does in inflate the cost of development sites. If "affordable housing" is part of the bargain, then the limited number of recipients of that housing benefit. But it is at the expense of others, perhaps equally in need. In exchange for re-election support, hasn't Bloomberg promised the "affordable" units will go to DC37 members, who he has also agreed to allow to live out of the city in the most recent contract? Perhaps they'll rent the affordable units out, providing the supplementary income they'll need to live in places with better schools and no local income tax. How about repealing his property tax increase, which would factor into operating costs evaluated in determining the permissible increase in regulated rents, as an alternative?
Submitted by Antid Oto (not verified) on Sat, 11/25/2006 - 12:07pm.

But I don't think it will provide a long-term solution.  We're about to get a weird glut in the luxury condo market anyway, which I doubt will do much good for middle- and lower-income renters but which provides me with some schadenfreude.

So once this one-time glut passes, with what do you suggest replacing the 421a program?  Or are you just counting on the New York's coming bankruptcy and pension crisis to drive people away, easing the market?  (This was more or less the argument a friend used for voting Ferrer in the last election, by the way: the city needs a good crisis to drive rents down--or at least slow them down.)


Submitted by Larry Littlefield on Sat, 11/25/2006 - 4:21pm.
Everything you hear is BS.

Conservatives say the solution is less regulation, but NY regulations are among the most liberal in the country even when they are enforced.

Liberals say the problem is too little government intervention in the market, and too little spending on housing. But we have more intervention, and more spending, than everyone else.

The truth is there are three kinds of places. Densly built areas in decline, where housing is cheap (Detroit, Cleveland). Expanding areas with lots of land, where supply can meet demand so housing is cheap (Texas, Phoenix, etc). And land-constrained areas that are desirable. There, prices will be high. You can give some people priviledge, but you can't bring the relative price down.

All three areas are heading for a crash, for different reasons -- economic collapse for one, overbuilding for two, and price just getting unsustainably high in the third case.

One might say the solution is for Philly to become a viable place again, but it doesn't seem to happen. In any even, for the moment NYC is affordable to the poor, because our poverty rate is high. But as I'm written elsewhere, we'll have to see what the data says next August.

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