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Preserving Affordable Housing in East Harlem August 2016
Acknowledgments
This report was made possible through the continued generous Special thanks to the members
support of the PNC Foundation. of Community Board 11
Beverly Alston Frances Mastrota
Authored by Jose Altamirano Peggy Morales
Pierina Ana Sanchez, RPA New York Director Adem Brija Maria Nieves
Diane Collier Nilsa Orama
Designed by Myra Colon Eudora Ortiz
Ben Oldenburg, RPA Senior Graphic Designer Carlos Diaz Debbie Quiñones
Claire Mardian, RPA Graphic Design Intern Holley Drakeford Mahfuzur Rahman
Brodie Enoch Celia Ramirez
Reviewed and edited by Judith Febbraro Xavier Santiago
Christopher Jones, RPA Senior Vice President and Chief Neil Flynn Edward Santos
Planner James Garcia Danielle Sullivan
Moses Gates, RPA Director for Community Planning and David Giordano Vincent Torres
Design Joseph Goldbloom Laurence Vargas
Emily Grajales Steven Villanueva
Advisory Group Jose Grajales Y. Andre Vital
Angel D. Mescain, East Harlem Community Board 11 John Green Hilda Vives-Vasquez
District Manager La Shawn Henry Jemar Ward
Mia Brezin, East Harlem Community Board 11 Assistant Wendy Hewlett Joshua Watkins
District Manager Alvin Johnson Marie Winfield
George M. Janes AICP, East Harlem Community Board 11 Jewel Jones Jonathan Winstone
Consultant Alex Kohen Jesse Yang
Amie Kiros-Petrucci Faye Yelardy
Marissa Mack
Edwin Marcial
Keith Massey
2 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016
Contents
Executive Summary / 5
Introduction / 7
A Brief History / 7
Study Background / 7
A Changing Neighborhood / 9
Changing Demographics / 9
Decreasing Housing Affordability / 10
Preserving Expiring Affordable Housing / 11
Three Categories of Affordable Housing / 12
Expiring Regulations, with a focus on 2020-2030 / 14
Common Portfolios for Expiring Regulations, 2020-2030 / 19
East Harlem Affordable Housing Risk Assessment, 2020-2030 / 19
Recommendations / 21
Portfolio Specific Recommendations, 2020-2030 / 21
General Strategies to address Expiring Affordable Housing / 22
References / 24
3 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016
4 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016
Executive Summary
Who will live in New York City in 2040? Despite two consecu- dozen city agencies. The city’s participation in the East Harlem
tive mayors who put the creation and preservation of affordable neighborhood planning process was promising, but the incorpo-
housing atop their agendas, neighborhoods throughout New ration of community priorities still needs to be negotiated.
York City and the metropolitan region are experiencing a crisis
of affordability. East Harlem in particular, a neighborhood char- This report follows a longstanding collaboration between
acterized by diversity and opportunity throughout its history, Community Board 11 and Regional Plan Association, who
is under threat. Over the next 30 years, East Harlem could lose have worked together over several years to identify and propose
from between 200 and 500 units of affordable housing each year specific strategies to preserve affordable housing in the neighbor-
if existing programs are not extended or made permanent. This hood. Previous work enabled Community Board 11 to intervene
report finds an estimated 4,121 units subject to affordability and preserve dozens of units, and for civic groups to join together
restrictions expiring between 2020 and 2030 alone that require to establish a community land trust. This report continues the
active engagement between property owners and government collaboration, and contains a decade-specific analysis, put-
agencies in order to maintain regulated rents. In all, one-fourth ting the affordability crisis in East Harlem and New York City
of the 56,000 residential units in East Harlem have affordability within its regional context where housing production is not
restrictions due to expire by 2040. keeping pace with demand.
East Harlem is one of the first neighborhoods that will be
rezoned as a part of Mayor Bill de Blasio’s plan to create and
preserve 200,000 units of housing over the next 10 years. These
rezonings will produce more affordable housing, but because
East Harlem is a gentrifying neighborhood, aggressive protec-
tions for existing vulnerable residents will be critical in order
to prevent displacement. The property-specific information
contained in this report has been compiled to aid Commu-
nity Board 11 and other community leaders in advocating for
continued affordability in existing buildings. As East Harlem
adds housing in the coming years, the community will need to
be vigilant to preserve affordable units and ensure the neighbor-
hood’s diversity to a range of incomes.
While targeted efforts can protect the existing stock of afford-
able housing, in the long term, broader solutions to provide
permanent affordability will be warranted. Those include more
effective rent regulation, the modification of existing programs
to require permanent affordability, the use of land lease agree-
ments on publicly owned land, the creation of sustainable
community land trusts, and the production of more affordable
housing.
In anticipation of East Harlem’s rezoning, a coalition led by the
office of New York City Council Speaker Melissa Mark-Viverito,
community group Community Voices Heard and Community
Board 11 requested RPA's continued support and technical assis-
tance as they developed their own neighborhood plan for East
Harlem. Participants included more than 100 community-based
organizations, more than 500 community residents, and over a
5 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016
6 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016
Introduction
-- the local government unit of the New York City borough of
A Brief History Manhattan encompassing East Harlem and Randall’s Island
-- together with several community-based and planning-focused
East Harlem has been an immigrant neighborhood of opportu- organizations including the El Barrio Coalition for Community
nity characterized by both community activism and redevelop- Planning and Development, the East Harlem Neighborhood
ment pressures throughout its history. Beginning as a Dutch Based Alliance, CIVITAS, Regional Plan Association, Hunter
immigrant enclave, East Harlem has been home to successive College and others began to put forward organized visions for
waves of immigrant groups of lower resources including Ger- the neighborhood. These included a comprehensive housing plan
mans, Italians, Puerto Ricans, African Americans, and most in 1992 and a strategic neighborhood action plan in 1993, which
recently, Dominicans and Mexicans. While culturally and ethni- along with other plans were ultimately synthesized into a 197-A
cally diverse, these groups always shared a common hope that plan submitted in 2007. Though not adopted, the 197-A plan
their hard work would lead to better lives for their families. and subsequent neighborhood advocacy have resulted in a strong
neighborhood network able to influence rezonings and other
As the pace of immigration and settlement picked up through- plans for change in the neighborhood.
out New York City in the early twentieth century, the Second
and Third Avenue Elevated Lines and other transit improve-
ments also facilitated increased residential densities in East
Harlem. Crowded tenements and row houses began to be viewed Study Background
as blight conditions by some and in need of renewal. When the
Federal Housing Act of 1937 allowed local housing agencies to Today, New York City is once again one of the world’s leading
create low-income and public housing, sections of East Harlem metropolises. Improved quality of life and a growing economy
were razed and minor streets de-mapped to make room for tall is attracting new residents, rich and poor, and exacerbating the
tower-in-the-park style public housing developments. By 1960, city’s need for affordable housing. RPA estimates the New York
one third of East Harlem’s residents lived in public housing.1 metropolitan region is only producing only two-thirds of the
Subsequent federal urban renewal funds were used to take down housing needed to meet future demand through 2040.4 The city
more tenements, row houses, businesses and churches with is thus faced with a crisis of affordability. Strong upward pressure
disastrous economic impacts.2 In the 1970s -- as the city faced a on rents and housing prices will make it difficult to keep and
financial crisis, white flight, and social upheaval -- urban renewal attract the mixed-income and mixed-skill workforce needed for
and slum clearance plans began to come apart leaving the largely a competitive economy, and will make it more difficult to create
Latino and African-American neighborhood with many land or preserve affordable housing in places like East Harlem, where
parcels that sat vacant for years.3 there are job and educational opportunities nearby. The causes
of this lack of affordable housing production and price increases
Through the 1970s and 80s, the city employed a mix of policy are a combination of physical, financial and political factors that
tools to reactivate and revitalize itself. Housing programs that vary by type of place, including finite land and zoning regula-
guaranteed affordable rents to tenants or allowed them to tions. One result is pressure to redefine East Harlem and similar
become cooperative owners of their buildings were established, neighborhoods.
including the Mitchell-Lama and Tenant Interim Lease pro-
grams. Yet, it was in the 1990s that Community Board 11 Community Board 11 has sent the strong message that East
Harlem wants to remain a neighborhood of opportunity where
residents can live out the New York City version of the “Ameri-
1 Pratt Institute. 2010. East Harlem Land Use Studio. http://civitasnyc.org/live/wp-
can Dream.” Maintaining such an East Harlem will require
content/uploads/2010/12/Pratt-Institute_PLAN653_East-Harlem-LU-Studio_Draft-Midterm- strong community activism and government action at the local,
Publication_10-21-2010.pdf
2 Community Board 11. 1999. East Harlem Proposed 197-a plan. http://www.east-harlem.
state, regional and federal levels. Preservation of affordability
com/cb11_197A_history.htm
3 East Harlem land-use studio -- Draft for discussion. (2010). Pratt Institute. http://
civitasnyc.org/live/wp-content/uploads/2010/12/Pratt-Institute_PLAN653_East-Harlem-LU- 4 Regional Plan Association. 2016. “Charting New Course.”http://library.rpa.org/pdf/
Studio_Draft-Midterm-Publication_10-21-2010.pdf RPA-Charting-a-New-Course.pdf
7 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016
in buildings with existing rent regulations is a key priority, as is In this phase, the Community Board manager asked RPA to
incentivizing the development of new affordable housing that continue to document and analyze properties benefitting from
is accessible to a broad range of families including those with subsidy programs that expire between 2020 and 2030. The
incomes ranging from extremely low to moderate. In the long analysis identifies individual building characteristics and makes
term, Community Board 11 and other leaders should advocate building-specific recommendations, supporting its 2016 Com-
for solutions that provide permanent affordability, such as the munity Board Needs Assessment goal to foster a community
use of land lease agreements on publicly owned land, the creation that supports residents and households of all incomes levels.
of sustainable community land trusts, the modification of
existing programs to provide permanent affordability, and the In 2015, a coalition led by the office of New York City Council
production of more affordable housing. Such goals will not be Speaker Melissa Mark-Viverito, community group Community
easy to meet, but with government and community cooperation, Voices Heard and Community Board 11 has relied on products
they are not unrealistic. produced through this reserach and requested RPA’s continued
support and technical assistance as they developed a neighbor-
RPA has worked with East Harlem Community Board 11 to hood plan for East Harlem in anticipation of the neighborhood
achieve the goal of preserving affordable housing. During the rezoning process. Participants in the development of the East
first and second phases of the affordable housing preservation Harlem Neighborhood Plan include over 100 community-based
collaboration between RPA and Community Board 11, RPA organizations, more than 500 community residents, and dozens
identified the size of the regulated housing stock and its rate of of New York City agencies.
conversion. RPA recommended possible strategies to slow down
these conversions, and helped to build a broad-based coalition Through this work and continued collaboration, RPA aided
of influential local stakeholders to implement the strategies. Community Board 11 in understanding the tools available, and
The next phase of work provided an overview of various afford- not yet available, which it might employ in securing affordable
able housing subsidies present in East Harlem with a focus on housing in this neighborhood of opportunity.
the subsidy programs expiring between 2010 and 2020. In the
fourth phase, the Community Board and RPA assessed the fea-
sibility of a Community Land Trust. The community used the
assessment to guide the successful incorporation and operation
of this ownership structure.
8 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016A Changing Neighborhood
Figure 1. Race
100% 3% 2% 0% 3% Other
Changing Demographics Hispanic
Black
27%
29% Asian
Gentrification, the process of urban neighborhood change White
characterized by the arrival of residents with higher incomes 52%
46%
and higher educational attainments, increases in residential
and commercial rents, property values and cost-of-living, and 25%
50% 23%
associated with declines in the Latino and African American
populations, was East Harlem’s primary trend between 2000 and
2014. In fact, East Harlem is one of the most rapidly gentrifying 13%
13%
neighborhood in New York City.5 Due to price pressures caused 31%
by these trends, thousands of units of housing have become at 36%
risk of losing their affordability. Thus, Community Board 11’s
main concern today is the continuing gentrification pressures 7% 35% 33%
that can lead to displacement of existing low-income residents. 3%
14%
Displacement can take two forms. Physical displacement refers 7%
to the involuntary move of households from their housing unit 2000 2013 2000 2013
due to conditions affecting the dwelling or surroundings that are
East Harlem NYC
beyond the household’s ability to control or prevent and make
continued occupancy impossible, hazardous or unaffordable. Source: American Community Survey 2009-2013
Social displacement occurs when rising costs are accompanied
by changes to rules, power structures, institutions, voting power, Figure 2. Median Household Income
and losses of local businesses, social networks and services.
East Harlem's demographic trends illustrate gentrification. $60,000
$51,011 $52,259 East Harlem
Between 2000 and 2013, East Harlem’s Hispanic population NYC
$40,000
declined by 9 percent, from 60,939 to 55,617. Its non-Hispanic $30,227
black population declined by 11 percent, from 42,091 to 37,489. $22,391
$20,000
Meanwhile, the number of non-Hispanic white residents more
than doubled from 8,391 to 17,105, and the Asian population
nearly tripled from 3,033 to 8,739. This is in contrast to New 2000 2009-2013
York City as a whole where the white population declined by 2.4 Source: American Community Survey 2009-2013
percent, the black population declined by only 4.3 percent, and
the Hispanic population grew by 9.7 percent. (See figure 1.)
Figure 3. Individuals in Poverty
The median income level in East Harlem rose by 35 percent in
this period (figure 2), and the number of people living in poverty 40% 35.7%
31.4% East Harlem
declined from 35 percent to 31 percent in the same period (figure 30% NYC
3). In contrast, the median income grew by only 2.4 percent in 21% 21%
20%
the city during the same period and the number of people in
poverty increased by 4.6 percent. 10%
2000 2009-2013
5 Austensen, Maxwell et al. (2016). "State of New York City's Housing and Neighbor- Source: American Community Survey 2009-2013
hoods in 2015: Focus on Gentrification." New York University Furman Center. Retrieved
from: http://furmancenter.org/thestoop/entry/state-of-new-york-citys-housing-and-neigh-
borhoods-in-2015
9 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Figure 4. Unemployment Rate
Though the unemployment rate in East Harlem remains high, it
actually improved throughout the Great Recession in contrast 20%
to the city where the unemployment rate increased dramatically 17.1% East Harlem
15% 12.7% NYC
(figure 4). 10.6%
10% 9.6%
5%
Decreasing Housing Affordability 2000 2009-2013
Source: American Community Survey 2009-2013
The residential market in East Harlem has been very active,
adding nearly 17,000 new residential units between 2002 and
20156, and the number of renter-occupied units has increased by Figure 5. Renter Occupied Housing Units
5 percent.
Despite this residential market activity, New York City is strug- 100% 93.6% 92.7%
69.8% 67.8% East Harlem
gling to meet the demand for housing affordable to its residents NYC
50%
partly because housing costs are rising much faster than incomes.
The problem is more pronounced in East Harlem. 44 percent
of New Yorkers pay over 35 percent of their income in rent – 2000 2009-2013
compared to over 55 percent of households in East Harlem.7 In Source: American Community Survey 2009-2013
fact, the number of rent burdened households in East Harlem
increased by more than 3,000 during the 2000 to 2013 period.
Highlighting the gentrification trend of escalating housing costs, Figure 6. Median Rents
figure 6 illustrates median rents for new households in East
2005-2007 2011-2014
Harlem increased dramatically by 44 percent just in the period
between 2005-2007 and 2011-2013.8 $706
NYC All-Renters
$886
$932
Recent Movers
$1,344
$1,116
East All-Renters
Harlem $1,226
$1,264
Recent Movers
$1,469
$0 $400 $800 $1,200 $1,600
Median Rents All-Renters Recent Movers
East Harlem 2005-2007 $706 $932
2011-2013 $886 $1,344
Change 25% 44%
NYC 2005-2007 $1,116 $1,264
2011-2013 $1,226 $1,469
Change 10% 16%
Source: American Community Survey 2009-2013
6 Estimated using the New York City Department of City Planning Map-
PLUTO 15v1 dataset. http://www.nyc.gov/html/dcp/html/bytes/dwn_plu-
to_mappluto.shtml.
7 New York City Department of Housing Preservation and Development
“Neighborhood Snapshot – MN CD11.” June 10, 2015.
8 New York University Furman Center. 2014. “State of New York City’s
Housing and Neighborhoods – 2014 Report.”http://furmancenter.org/
files/sotc/SOC2014_Manhattan_11.pdf
10 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Preserving Expiring
Affordable Housing
Given the continuing demographic and affordability changes tion with other forms of subsidy, however the J-51 (rehabilita-
in East Harlem, community advocates are concerned low- and tion) and 421a (new construction) exemption are sometimes
moderate-income residents will be displaced from their homes often used as stand-alone subsidy sources.
and community. One important way to prevent displacement is
to protect the existing affordable housing stock, and the focus Rental Assistance
of this report is the affordable stock with expiring affordability Government agencies also provide rental vouchers to ten-
restrictions. ants in the apartment to help them pay higher rents than they
would other wide be able to afford. Section 8, which is a federal
Since the 1980s, the pipeline of affordable housing in New York voucher, is the most common rental voucher, however other
City has been through city or state-sponsored affordable housing forms of rental vouchers financed by the city or state also exist.
programs. While the details of each program differ, they retain
the basic paradigm of encouraging private for-profit or not-for- There are two main forms of affordability restrictions, which are
profit developers to build and manage the affordable housing usually applied together. They can be applied to some or all of
themselves. This is done by exchanging one or more forms of the units in a development or rehabilitation project.
government subsidy for some form of affordability restrictions
⊲⊲ A limitation on the rents or prices charged for the affordable
on the homes or apartments.
units. In addition, virtually all programs require placing
affordable units in Rent Stabilization, affording them an
The primary forms of government subsidy are:
extra layer of protection.
Equity ⊲⊲ A limitation on the incomes of people renting or buying the
Government agencies may contribute direct equity toward build- units. This is usually expressed in terms of a percentage of the
ing or preserving affordable housing. Common programs which “Area Median Income,” an income level determine by HUD,
do this are the 9% Low Income Housing Tax Credit (LIHTC) which is loosely based on the median income in a given
and 4% LIHTC programs, which provide federal tax credits that metropolitan area.
developers can convert into equity on the private market.
Descriptions of specific programs under these categories are in
Preferential Financing Appendix B.
Government agencies may provide below-market loans toward
building or preserving affordable housing, either through tax-
exempt bond financing, or through City or State capital dollars.
Most New York City Housing Preservation and Development
(HPD), Housing Development Corporation (HDC), and New
York State Housing and Community Renewal (HCR) and U.S.
Department of Housing and Urban Development (HUD) pro-
grams provide some form of below-market loan.
Public Land
Government agencies may provide publicly owned land or build-
ings for building affordable housing at below-market or nominal
cost to the developer.
Tax Exemptions
The City of New York may provide full or partial relief from
ongoing property taxes through several different property tax
exemptions. Most property tax exemptions are given in conjunc-
11 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Figure 8. Rent Stabilized Units
Three Categories of 1 - 50
Affordable Housing 50 - 100
101 - 150
151 - 200
In East Harlem, over 80 percent of residential units (about 201 - 300
46,000 of 56,000) are in buildings with various affordability
restrictions. For the purposes of this report, the three largest
mechanisms restricting housing prices in East Harlem are public
housing (29 percent), state mandated rent stabilization (24
percent), and units subject to other affordability restrictions with
expiration dates due to participation in a City or State sponsored
affordable housing program such as mentioned in the previous
section (27 percent). Finally, 19 percent of residential units may
be market rate, though some may be subject to additional afford-
ability restrictions not documented in this report.9
Figure 7. Affordable Housing in East Harlem
Expiring
Regulation 27%
Owned
by NYCHA 29%
Rent
Stabilized 24%
Unknown
Market Rate or
Other Reg
19%
5% 10% 15% 20% 25% 30%
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014, National Low Invcome Housing Coalition, New York City
Rent Guidelines Board 2013, New York City Department of City Planning 2015
Federally subsidized public housing
administered through the New York City
Housing Authority (NYCHA) accounts
for 29 percent of all rental units.
In public housing, tenants pay 30 percent of their income in rent
in units owned and managed by the New York City Housing
Authority.
New York State rent stabilization and
rent control legislation administered Source: Regional Plan Association, New York City MapPLUTO
2015v1, New York City Rent Guidelines Board 2013
by the state’s Department of Homes and
Community Renewal (HCR) accounts for an
estimated 24 percent of all rental units.
9 The property specific information provided in this report are meant to serve as a guide
for advocates, and are based on a compilation of best available data. There may be updates
available for the properties described. Advocates should consult the latest available infor-
mation from the relevant regulating government agency.
12 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Rent control and rent stabilization laws generally regulate rents Figure 9. Buildings by subsidy type
in buildings of six or more units built between February 1, 1947
and January 1, 1974. Tenants in buildings built before February Public Housing
1, 1947, who moved in after June 30, 1971, are also covered by Rent Stabilized
rent stabilization. In addition to units monitored by DHCR, Other
other state or city sponsored subsidy programs can require units
to enter rent stabilization. These units are located throughout
East Harlem but especially in the mid-blocks.
Subsidies and regulations with
expiration dates account for 27
percent of all rental units.
The programs in this category ensure affordability to different
degrees and in different ways. Several agencies operate these pro-
grams including HUD, HCR, HPD, the US Internal Revenue
Service (IRS). The landscape is complex, some programs provide
subsidies for a finite period of time but the accompanying
affordability restrictions continue in perpetuity; other programs
provide subsidies indefinitely but affordability restrictions are
time limited; still other programs are subject to detailed renewal
terms as are the required affordability restrictions. In addition,
some subsidies require negotiation with the appropriating agency
while others have more rigid renewal terms. The expiration
terms can vary from annual, to the property’s mortgage term, to
additional terms. Finally, the affordability restrictions vary from
requirement of rent levels affordable to families earning specific
income levels, to requirement of rent stabilization. Detailed
program profiles may be found in Appendix B.
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014, National Low Invcome Housing Coalition, New York City
Rent Guidelines Board 2013, New York City Department of City Planning 2015
13 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Figure 10. Units at Risk, by Decade
Expiring Regulations, with
a focus on 2020-2030 Expired
Expires 2010 - 2020
Expires 2020 - 2030
Expires 2030 - 2040
In all, due to current underwriting Expires 2040 and beyond
Other
standards, East Harlem could lose
Number of Units
between 200 and 500 units of affordable 10 100
housing per year over the next 30 1,000
years if existing programs are not
extended or made permanent.
As illustrated in figure 10, affordability restrictions for 9 proper-
ties containing 16 buildings and 2,342 units expired prior to
2010; and the same will occur for 14 properties containing 23
buildings and 2,118 units between 2010 and 2020 (over 200
units per year); 54 properties containg 124 building and 4,709
units between 2020 and 2030 (nearly 500 units per year), and
70 properties containing 187 buildings and 5,582 units between
2030 and 2040 (over 500 units per year). Due to contract struc-
tures, not all units within affordability restricted properties are
directly subject to affordability restrictions. RPA estimates that
80 percent of units (4,121 of 4,709 units) will lose affordability
restrictions between 2020 and 2030.
In order to maintain the affordability profile East Harlem has
today, community leaders and government entities must work
together to renew these programs in order to maintain their
affordability restrictions, ensure their affordability without
renewal, or otherwise replace them with new affordable units
with similar rents.
The following is an overview of the most common programs with
expirations. Note these programs are not mutually exclusive, as a
single property-owner may benefit from multiple programs.
Properties Buildings Units
Before 2010 9 16 2,342
2010-2020 14 23 2,118
2020-2030 54 124 4,709
2030-2040 70 187 5,582
2040 and Beyond 8 22 699
TOTAL 155 372 15,450
Source: Regional Plan Association 2015, Furman Center for Real
Estate and Urban Policy 2014, National Low Invcome Housing
Before 2010 Coalition, New York City Department of City Planning 2015
2040 and Beyond 16 / 4%
22 / 6% 2010-2020
23 / 6%
2030-2040 2020-2030
187 / 50% 124 / 34%
14 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Low-Income Housing Tax Credits (since 1986). Figure 11. Low-Income Housing Tax Credit
LIHTC is the primary source of affordable housing develop- (LIHTC) Units at Risk, by Decade
ment financing in the nation since the early 1990s. The LIHTC
program encourages the private sector to provide financing for
affordable housing developments. Internal Revenue Service
(IRS) allocates tax credits to state and local housing agencies,
which are then offered to developers to build or rehabilitate
affordable housing. The developers in turn sell the tax credits to
investors to raise capital for the project.
LIHTC expiration is the largest threat to affordable housing in
East Harlem. In the 2020-2030 decade, 49 properties will face
Low Income Housing Tax Credit program expiration.
Properties Buildings Units
Before 2010 3 3 66
2010-2020 0 0 0
2020-2030 49 110 2,171
2030-2040 61 165 3,432
2040 and Beyond 7 21 609
TOTAL 120 299 6,278
2040 and Beyond Before 2010
609 / 10% 66 / 1%
2020-2030
2030-2040 2,171 / 34%
3,432 / 55%
Source: Regional Plan Association 2015, Furman Center for Real
Estate and Urban Policy 2014, National Low Invcome Housing
Coalition, New York City Department of City Planning 2015
15 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016HUD Project-based Rental Assistance Figure 12. HUD Project-Based Units at Risk, by Decade
This is HUD's primary affordable housing creation tool. It
provides a direct rental subsidy to property owners who agree to
rent units to low- or moderate-income tenants. Primary features
include:
Landlords are required to enter into an agreement with HUD
whereby the tenant pays a certain percentage of their household
income in monthly rent (not more than 30%). HUD pays the
owner the difference between the tenant’s payment and the
HUD-approved contract rent.
Programs include:
⊲⊲ Project Based Section 8
⊲⊲ Rent Supplement Program
In the 2020-2030 decade, 8 properties are facing project-based
rental assistance expirations.
Properties Buildings Units
Before 2010 3 3 206
2010-2020 24 82 3,135
2020-2030 8 26 2,419
2030-2040 1 1 40
2040 and Beyond 0 0 0
TOTAL 36 112 5,800
2030-2040 Before 2010
40 / 1% 206 / 3%
2020-2030
2,419 / 42% 2010-2020
3,135 / 54%
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014, National Low Invcome Housing Coalition, New York City
Rent Guidelines Board 2013, New York City Department of City Planning 2015
16 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Mitchell-Lama Program (since 1955). Figure 13. Mitchell-Lama Units at Risk, by Decade
This New York State Program aims to provide safe and sanitary
housing for moderate to middle income families. Through this
program, developers of rental and co-op properties were offered
the following benefits:
⊲⊲ free or low-cost land
⊲⊲ property tax exemptions, and
⊲⊲ subsidized below-market rate mortgages for up to 95% of the
project cost
In exchange, developers agree to regulations regarding rents
charged and tenant selection. The restrictions expire after a set
period of time after which the property owner can leave the
program or refinance the loan to remain in the program.
There are no properties facing Mitchell-Lama program expira-
tion between 2020 and 2030, though properties subject to
Mitchell-Lama regulations are facing other program expira-
tions.10
Properties Buildings Units
Before 2010 12 61 1,133
2010-2020 5 18 1,418
2020-2030 3 7 586
2030-2040 8 8 518
2040 and Beyond 1 1 90
TOTAL 29 95 3,745
2030-2040
1,632 / 26%
Before 2010
3,083 / 49%
2010-2020
1,594 / 25%
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014, National Low Invcome Housing Coalition, New York City
Rent Guidelines Board 2013, New York City Department of City Planning 2015
10 See Appendix C for detailed information by property.
17 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016HUD Financing and Insurance (since the 1920s). Figure 14. HUD Financing & Insurance
The Federal Housing Administration (FHA), which became Units at Risk, by Decade
a part of HUD's Office of Housing in 1965, and HUD have
provided financing for affordable housing by:
⊲⊲ Insuring mortgage loans made by private banks or
⊲⊲ Directly lending to private developers
⊲⊲ Include:
• HUD Section 221(d)(3) and Section 221(d)(4)
• HUD Section 221(d)(3) Below Market Interest Rate
(BMIR)
• HUD Section 236 Program
3 properties are facing HUD financing and insurance program
expirations between 2020 and 2030.
Properties Buildings Units
Before 2010 7 18 3,083
2010-2020 1 4 1,594
2020-2030 0 0 0
2030-2040 1 14 1632
2040 and Beyond 0 0 0
TOTAL 9 36 6,309
2040 and Beyond
90 / 2%
2030-2040 Before 2010
518 / 14% 1,133 / 30%
2020-2030
586 / 16%
2010-2020
1,418 / 38%
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014, National Low Invcome Housing Coalition, New York City
Rent Guidelines Board 2013, New York City Department of City Planning 2015
18 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Common Portfolios for Expiring East Harlem Affordable Housing
Regulations, 2020-2030 Risk Assessment, 2020-2030
While viewing individual programs in isolation highlights the Community leaders should work to retain affordability of the
growing risks of expiring programs, community leaders must existing stock by considering several factors:
develop an understanding of how programs work together in
⊲⊲ The estimated number of households affected by the loss of
order to gain a comprehensive understanding of the affordable
affordable units
housing landscape in East Harlem and in New York City.
⊲⊲ The current physical condition and financial health of the
There are dozens of programs contributing to affordable housing buildings at risk
in East Harlem. Those documented in this study account for
⊲⊲ The risk of conversion from affordable to market rate due to
the programs with the greatest impacts that are administered
an expiring affordability restriction
directly by city, state and federal housing agencies.11
⊲⊲ The availability of tools under the disposal of government
Of properties with affordability restrictions ending between agencies to prevent the conversion, and whether any pro-
2020 and 2030, the ten most common combinations of pro- grams are renewable
grams or portfolios held by property owners are:
RPA conducted this assessment for each of the 54 properties
1. LIHTC 9% with or without other HDC mortgages and
facing expiring affordability regulations in East Harlem between
tax exemptions: 46 property owner managing 1,958 units
2020 and 2030. The results are tabulated in Appendix C by
of which approximately 1,370 are likely subject to affordabil-
property. Appendix C includes property specific assessments and
ity restrictions
a summary chart showing the estimated number of units per
2. LIHTC 9%; Mitchell-Lama; Rental Assistance Pro- property at risk of expiration.
gram (RAP): 1 property owner managing 134 units all
of which approximately are likely subject to affordability Below are summarized findings:
restrictions
Number of affected households
3. LIHTC 4% with or without other HDC mortgages and
With respect to social impact, one third of the units with
tax exemptions: 2 property owners managing 79 units of
expiring affordability restrictions have regulations that are not
which approximately 79 units are likely subject to affordabil-
renewable.
ity restrictions
4. Project-Based Section 8; Mitchell-Lama; Other HDC Physical condition
Mortgage; J-51 Tax Exemption; Section 223 (f): 1 17 of the 54 properties have serious violations. These tend to be
property owner managing 1,594 units all of which approxi- the older, larger buildings.12 48 of the 54 buildings with expiring
mately are likely subject to affordability restrictions regulations were built before 1930.
5. Mitchell-Lama; Rental Assistance Program (RAP);
Section 236: 1 property owner managing 446 units all Figure 15. Number of Serious Violations
of which approximately are likely subject to affordability
restrictions 37
Number of 40
6. Project-Based Section 8; Section 221 (d) (3) & (4) Properties
with affordability restrictions: 1 property owner manag- 20 11
ing 272 units all of which are likely subject to affordability
4 2
restrictions 0 1-5 6-10 11+
7. Project-Based Section 8; Other HUD Insurance Number of Violations
without affordability restrictions: 2 property owners Source: Source: Regional Plan Association 2015, Furman Center for Real
managing 226 units all of which are likely subject to afford- Estate and Urban Policy 2014
ability restrictions
11 New York University Furman Center. 2005. Directory of New York City 12 See Appendix C for building specific profiles with violation informa-
Affordable Housing Programs. http://furmancenter.org/institute/directory tion.
19 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Financial Health
Only 3 properties are listed as having delinquencies of over $500
for water or tax liens for at least one year.
Figure 16. Year Built
1980-2000 5
1960-1980 3
1940-1960 0
1900-1940 46
10 20 30 40 50
Source: Source: Regional Plan Association 2015, Furman Center for Real
Estate and Urban Policy 2014
Risk of Conversion
54 properties are at risk of conversion due to subsidies expiring
between 2020 and 2030. These properties have 4,709 units of
which an estimated 4,121 are affordable through rent increase
restrictions, rent caps, and/or direct subsidies to tenants.
Renewability
Of the 54 properties at risk, 48 properties are subject to expir-
ing LIHTC contracts that may not be directly renewable and
require action by the property owner and regulating agency. 6
have subsidies project based rental assistance and other subsidies
that are renewable.
Figure 17. Expiring Subsidies that are
Renewable (by properties)
Yes No
11% / 6 89% / 48
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014
Figure 18. Expiring Subsidies that are
Renewable (by est. no. subsidized units)
Yes No
86% / 2,526 14% / 407
Source: Regional Plan Association 2015, Furman Center for Real Estate and
Urban Policy 2014
20 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Recommendations
Two kinds of recommendations are made in this section. Because 1. LIHTC 9%: Enter the HPD Year 15 Program and/or request
the subject of this report has been to profile properties with the city aid acquisition by non-profit or public organization.
affordability restrictions ending between 2020 and 2030, the
2. LIHTC 9%; Mitchell-Lama; Rental Assistance Pro-
first set of recommendations relates to these properties. Second,
gram (RAP): Enter the HPD Year 15 Program. Conversion
general recommendations are made for the preservation of exist-
risk is high, these buildings may have the option of entering
ing affordable housing in East Harlem.
into HDC’s Mitchell-Lama preservation program.
3. LIHTC 4%: Enter the HPD Year 15 Program and/or request
the City aid acquisition by non-profit or public organization.
Portfolio Specific 4. Project-Based Section 8; Other HUD Insurance
Recommendations, 2020-2030 without affordability restrictions: Renew the project-
based rental assistance contract, or opt into HUD’s mark to
market program.
Community leaders wishing to advocate for the preservation
of existing affordable housing should first aim to understand 5. Mitchell-Lama; Rental Assistance Program (RAP);
the how different subsidies and programs interact to influence Section 236: Enter the HPD Year 15 Program. Conversion
affordability restrictions. For instance, the Low Income Tax risk is high, these buildings may have the option of entering
Credit (LIHTC) program in a property that also benefits from into HDC’s Mitchell-Lama preservation program. Rental
Project Based Section 8 assistance is able to reach deeper levels of assistance contract holders can also opt for HUD preserva-
affordability than a property benefitting from LIHTC alone.13 tion tool including mark to market, which provides incen-
Federal financing and insurance programs like Section 236 and tives to for-profit owners with below-market rents to remain
Section 221 that work to reduce property owners’ total debt in rental assistance programs upon contract expiration.
levels are also often combined with Project Based Section 8.
6. Project-Based Section 8; Section 221 (d) (3) & (4)
with affordability restrictions: Renew the project-based
Given these nuances, below are some generally recommended
rental assistance contract, or opt into HUD’s mark to mar-
actions for the 7 common portfolios among the 54 properties
ket program.
with expiring affordability restrictions between 2020 and 2030.
Individual program definitions can be found in Appendix B, 7. Project-Based Section 8; Mitchell-Lama; Other HDC
solution program descriptions can be found in Appendix D: Mortgage; J-51 Tax Exemption; Section 223 (f):
Renew. These buildings may have the option of entering into
HDC’s Mitchell-Lama preservation program. Project based
section 8 contract holders can also opt for HUD preserva-
tion tool including mark to market, which provides incen-
tives to for-profit owners with below-market rents to remain
in rental assistance programs upon contract expiration.
13 NYU Furman Center. 2012. “What can we learn about the Low-Income Housing Tax
Credit Program by looking at the tenants?” http://furmancenter.org/files/publications/
LIHTC_Final_Policy_Brief_v2.pdf.
21 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Figure 19. Portfolios by Estimate tance is that community residents are empowered to advocate
No. of Subsidized Units for the use of these available preservation tools. This requires
residents be informed about the way available programs work.
Section 8 / Mitchell-Lama / 1,594 While not the subject of this report, efforts should be made to
Section 223 (f)
preserve units affordable due to rent stabilization in addition to
Section 8 / Section 221 (d)(3)&(4)
272 preserving housing with expiring affordability restrictions. East
with affordability restrictions
Harlem lost nearly as many rent-stabilized units between 2007
Section 8 / Other HUD Insurance
226 and 2014 as it gained. Though this may seem a close approxima-
without affordability restrictions
tion of no net loss, in fact, the affordability levels of the new rent
Mitchell-Lama / RAP / Section 236 446 stabilized units are not as deep as in the lost rent stabilized units
due to the nature of the regulation. Thus, preventing the loss of
LIHTC 9% / Mitchell-Lama / RAP 134 rent-stabilized units is a key priority as well.
LIHTC 9% 1,370
Simplify Regulations, Require
79
Permanent Affordability
LIHTC 4%
The affordable housing landscape in New York City is deeply
400 800 1200 1600 complex. As illustrated in previous sections, there are seven
Source: Source: Regional Plan Association 2015, Furman Center for Real combinations of programs with expiring affordability restric-
Estate and Urban Policy 2014 tions keeping over 4,000 units affordable in East Harlem during
the 2020 to 2030 decade alone. When this view is expanded to
Figure 20. Portfolios by Property Owner include units with affordability restrictions ending as far out
as 2040, approximately 10,000 units are being kept affordable
Section 8 / Mitchell-Lama / 1 to different degrees through 35 combinations of programs.
Section 223 (f) Such complexity makes it difficult for community residents to
Section 8 / Section 221 (d)(3)&(4) advocate for continued affordability because of a general lack of
1
with affordability restrictions understanding about which properties are expiring when, and
Section 8 / Other HUD Insurance what the expirations mean when multiple progams apply. More-
2
without affordability restrictions over, smaller property owners also have difficulty navigating the
Mitchell-Lama / RAP /Section 236 1 complex structures.
LIHTC 9% / Mitchell-Lama /RAP 1 The most effective long-term solution is to make affordability
obtained through the various existing programs permanent.
LIHTC 9% 46 This includes programs financed through federal, state and city
regulations. Other work14 has documented that it is much less
LIHTC 4% 2 expensive to retain an affordable unit than it is to create a new
10 20 30 40 50 affordable unit. Making programs such as HPD’s LIHTC,
HDC’s 50/30/20 program and others permanently affordable
Source: Source: Regional Plan Association 2015, Furman Center for Real
Estate and Urban Policy 2014 can be achieved by requiring relatively small adjustments to
underwriting standards and would help stem the revolving door
of affordability in neighborhoods like East Harlem that are fac-
ing very high market demand.
General Strategies to address
In 2008, the city department of Housing Preservation and
Expiring Affordable Housing Development recognized the problem of expiring subsidies in the
case of the LIHTC program and created the “Year 15 Program,”
While targeted efforts the preserve housing with the tools avail- whereby properties eligible to exit the LIHTC program can
able today can protect the existing stock of affordable hous- opt for a favorable debt restructuring that secures affordability
ing, in the long term, broader solutions to provide permanent restrictions for an additional 15 years. More recently, the city has
affordability will be warranted. Those include more effective required all new 9% LIHTC deals provide 60 years of afford-
rent regulation, the modification of existing programs to require ability under the condition that the property has a tax exemption
permanent affordability, the use of land lease agreements on that runs for 60 years as well.
publicly owned land, the creation of sustainable community land
trusts, and the production of more affordable housing.
Preserve Housing with the Tools Available Today
The previous section provided recommended actions for the
14 Gates, M. 2015. “Permanent Affordability: Practical Solutions.” Association for Neigh-
preservation of affordable housing with expiring affordability borhood Housing and Development. Retrieved from http://www.anhd.org/wp-content/
restrictions given the tools presently available. Of chief impor- uploads/2015/10/2015-Permanent-Affordability-Practical-Solutions.pdf
22 Preserving Affordable Housing in East Harlem | Regional Plan Association | August 2016Broader Advocacy for the Protection and
Expansion of Affordable Housing
Gentrification and neighborhood change are very difficult to
contain, and some communities may decide containment is not
necessarily desirable given the much needed investment and revi-
talization that gentrification can bring to low-income communi-
ties and that displacement can be avoided. Instead, preparation
for gentrification in a way that surfaces community priorities is
key. Community engagement and empowerment can lead to suc-
cessful preservation of affordable housing in East Harlem. Effec-
tive engagement requires that residents and community leaders
be informed about the mechanisms keeping housing affordable
within their neighborhoods, have a voice in future development,
and have the resources needed to advocate for preservation.
In addition to using community engagement to more fully
utilize tools available today, East Harlem community leaders
can join housing advocates around the city and state to advocate
for stronger tenant protections, the creation of more affordable
housing, and investment in community owned and controlled
assets. Policies that can help prevent evictions and the loss of
affordable housing include right of first refusal and right to
return policies, and stronger enforcement of existing laws and
regulations. Policies for the creation of more affordable housing
include adopting rigorous preservation plans that at a minimum
require no net loss of affordable housing, improving zoning
flexibility to increase housing production, expanding inclusion-
ary zoning programs, and getting dedicated funds to produce
and preserve affordable housing. Finally, programs that promote
community ownership of housing and bolster community assets
can include promoting home ownership programs, supporting
the development of cooperative land and housing arrangements
including community land trusts, and creating mechanisms for
these entities to gain assets.
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