Tag Archives: rent regulation

Rent Regulation: Our Defense

Last week, The Atlantic Cities published this article, which advocates against rent regulations based on the widespread disdain on the part of economists.  The article argues that a better approach may be “adopting policies that encourage the production of more diverse types of housing, implementing strong regulations and practices to ensure housing quality and to protect tenants from abuses; and providing targeted, direct subsidies to people who need help paying rents.”

We happen to think that rent regulation is exactly such a policy: a strong piece of regulation that protects tenants’ rights and makes the city a more livable and affordable place for low income renters.  Last spring, the United States Supreme Court agreed to hear Harmon v. Kimmel, a case challenging New York City’s rent stabilization law. It was upheld, and New York renters breathed a collective sigh of relief. Rent stabilization in New York is good policy, and here’s why:

New York City faces an incredibly tight housing market due to a “highly desirable location, exceptional population density, high construction costs, and limited space due to natural geographic boundaries.” (Quote from Attorney General Schneiderman’s spirited defense of rent regulations.) These characteristics lend themselves to rent profiteering – allowing landlords to charge exorbitant rents due to both extreme need and extreme shortage. Those with less money would inevitably be pushed out. Even economist Edward Glaeser, who describes himself as “a staunch and steadfast enemy of rent stabilization,” told the New York Times:

“Certain types of stabilization can create more integrated communities,” and “New York is a more diverse place because of rent stabilization.”

Can’t argue against diversity.

Enemies of rent regulation generally make the same couple arguments: housing conditions suffer because landlords have no incentive to fix units and high income people end up living in low rent apartments. They also tend to believe that rent regulations provide a disincentive to create new housing, which would alleviate NYC’s housing shortage and bring prices back down. These are all preposterous arguments.

First, development: But housing units are not built overnight. In the short run, the current supply of housing is basically what we’re going to have. (Current events tell us that supply can in fact decrease, thanks Sandy!) Incentivizing development would do very little for New Yorkers who need help now. But there is a long run, and anyone who thinks that there aren’t developers frothing at the mouth to build housing in New York City should take a look out the window at the Williamsburg waterfront, or try Googling “Bruce Ratner.” Under-development is not an issue. (Whether or not we actually want new development, what we could do to better utilize existing housing stock, is a different conversation. Stay tuned!)

Second, as the Furman Center proved last spring, the vast majority of tenants living in rent regulated apartments are not high earners – they have a median income of $34,000. (Their policy brief is chock full of other socio-economic and demographic facts about NYC’s rent regulations – read more here.)

Third: NYC housing conditions are a problem, but the reason is negligence and greed, not regulations. And thankfully, the housing maintenance code is getting stronger every day.

Peter Tatian, journalist for The Atlantic Cities, suggests that more direct subsidies would be better than rent regulation. While I’m in favor of a stronger and wider safety net, I think we should acknowledge its limitations:

The Section 8 voucher is the most common direct rent subsidy, but unlike food stamps, it is not considered an “entitlement program.” This means there are a finite number of vouchers and not everyone who qualifies will be able to receive one. In New York State, the program has been frozen for several years.  As recent federal budget discussions have shown us, direct subsidy spending is very politically vulnerable and isalways at risk of termination.We can look to the Work and Child Advantage experience for an example.

Even entitlement programs do not reach all who qualify. According to the Food Action and Research Center, about 1 in 4 people who qualify for food stamps don’t even bother to apply due to a variety of reasons ranging from stigma, to misinformation, to hassle. By regulating rents rather than providing direct subsidy, we can ensure that the benefit is received by a major swath of the population who need it, free from stigma and bureaucratic obstacles.

Finally, we stand in defense of rent regulation because there isn’t much else out there for renters. Our national housing policy overwhelming supports homeowners (to a fault, I happen to think.) Public housing has largely been demolished and Section 8 is frozen. So, we stand in favor of rent regulation as one of the last bastions of supportive policy for a growing population of renters who deserve the protection.

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New York State Legislators and New York City Council call for Rent Guidelines Board Reforms!

Picture via Capital New York

Yesterday, we stood with State Senator Daniel Squadron, Assembly-Member Brian Kavanagh, City Council Speaker Christine C. Quinn, Tenants & Neighbors and tenants and neighbors from around the city to urge New York State elected officials to pass legislation to reform the Rent Guidelines Board (RGB), ahead of the RGB’s annual vote to adjust rents.

The Rent Guidelines Board was established in 1969 and is mandated manage the persist housing shortage in New York City that puts low to moderate income New Yorkers at risk of losing their home. New York City Council and New York State legislature have both recognized that under conditions of less than 5% vacancy rate, an unregulated rental market causes “severe hardship to tenants” and forces the “uprooting [of] long-time city residents from their community.” By establishing the annual rate at which rent in regulated units is allowed to rise, the Board’s mission is to create fair rent levels in a market driven by chronic scarcity.

Under current law, the RGB is made up of nine members, all appointed by the Mayor. These nine members are charged with investigating the economic condition of the real estate industry in NYC, including average cost of operating a multifamily building and the average income and cost of living for residents each borough. Two members are appointed to represent tenant interest, two members are appointed to represent owner interest, and five members are appointed to represent the general public. The RGB is consistently under fire from tenants and the NYC affordable housing advocacy community for regularly raising rents despite data that suggests landlord income is going up and affordable housing is scarce.

The proposed legislation (S741A/A6394B), sponsored by Senator Squadron and Assembly member Kavanagh, would require City Council confirmation of the Mayor’s appointees to the RGB, bringing necessary checks and balances to the system and making the appointment process more democratic. The bill would also open up appointment to a wider array of professionals – including those who work non-profit and urban policy – and ensure that more diversified views are represented on the RGB.

City Council Speaker Christine Quinn expressed support for the bill, pointing to the fact that the council already has the authority to provide oversight to various NYC agencies and boards that are arguably less important to New Yorkers. “The question becomes…why hasn’t this happened? Why is this one board that is so important, so central to the life of so many New Yorkers, only appointed by the executive with no input from the legislature?”

Like Tenants and Neighbors, we agree that the RGB is consistently pro-landlord, taking little cue from actual data or tenant experience in New York City. These days, nearly everyone is weighing in on whether or not the housing market is rebounding. (We have our own thoughts – stay tuned.) People don’t seem to argue that years of homeownership struggle have caused on influx of new renters to the market. Basic economics tells us that rents will naturally rise. But unemployment isn’t dropping nearly as quickly as rents are rising and tenants in the Bronx and Central Brooklyn are still struggling with high rents and low pay. Even though the “market” may be doing better, we know that the people who live in this city are still struggling. By bringing accountability and democracy to the RGB, we hope that the board can become a stronger ally for affordable housing and NYC tenants.

To join this fight, follow Real Rent Reform on Twitter (@realrentreform) and like them on Facebook! Even better, get on the van to Albany on Wednesday to support the Assembly Housing Committee vote on R3’s priority bills: preferential rent reform, RGB reform, MCI reform, rent control reform, and the decrease in the vacancy bonus. Help R3 and Tenants and Neighbors put weight behind these bills! The van leaves from 236 W. 27th Street in Manhattan. RSVP to Sam at sstein@tandn.org.

For more on the RGB, visit their website: http://www.housingnyc.com . Stay tuned to this important fight for NYC tenants! Check out Capital New York for more on this story and yesterday’s announcement.

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New Foreclosure Legislation Would Require Banks to be More Transparent


Yesterday, New York 1 reported on legislation proposed by Christine Quinn that would require banks to notify the city when they’re going to put a building in foreclosure. This legislation will help tenants who live in foreclosed buildings continue to get the services they need, which is very important, considering foreclosure often means divestment and deterioration for the buildings.

The tenants who live in 164 Dikeman, the building featured in the NY1 video, are a great example of why this type of legislation is needed. For this building, the foreclosure process consisted of an absentee landlord and deteriorating conditions.  The residents discovered that the foreclosure was only the tip of the iceberg of the buildings problems. Due to the poor conditions the building fell into the Department of Housing Preservation and Development’s (HPD) Alternative Enforcement Program (AEP), meaning it was one of the 200 worst buildings in the city. On top of this, the residents realized all the tenants were being illegally overcharged for rent, while receiving no services. The tenants were able to file for rent reductions to have the legal rents restored, but while this was going on the bank sold the notes to a building to a Eman Realty who has now become the owner.

Unfortunately, the new owner has not proved to be more responsive than the last.  Eman Realty’s principal, Alexander Varveris, has a history of being a neglectful landlord.  Eman took over in September, yet tenants have seen very little change in the building.

Besides tipping the city to be on the lookout for declining physical conditions, another reason this legislation could be helpful is it could provide more time for the tenants to have a voice in what happens to their homes after the foreclosure ends. The tenants at Dikeman were not able to intervene in the sale of the note because they were not aware that was a possibility and that a new landlord was going to take over through a note sale. The residents are fed up with the neglect and would like the building to become Co-op. The tenants and UHAB are currently organizing and working towards this goal, but this outcome might have come sooner and possibly easier for the tenants if the foreclosure proceedings were more transparent to the city and to residents of the buildings.

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Goodybe 2011: A year in Review

For those of you new to this blog or trying to get a handle on Predatory Equity in New York City – here’s your down-and-dirty year in review.

Highlights, Lowlights, and the Stuff in Between:

1. Lowlight: In April 2011, New York Affordable Housing Associates sold eight  distressed buildings to Bronx VIII LLC (Townhouse Management). While we still don’t know how much Townhouse paid for the buildings, the disappointing transaction was facilitated by New York Community Bank – who explicitly sold the debt to a developer the tenants did not endorse.

2. Somewhere In Between: In May of 2011, Finkelstein Timberger Real Estate bought the infamous ten building Milbank portfolio for the giant sum of $30 Million dollars. This transaction, which still reeks of over leveraging, was made through financing with Signature Bank. Fortunately for tenants, their advocacy throughout the process meant that all of the tenants are protected by an agreement to ensure repairs, eliminate the quest for back-rent, and cap the amount for potential MCI’s in the next two years. Additionally, six of the buildings entered the city’s Alternative Enforcement Program, ensuring further protection from the horrible conditions these tenants suffered for years.

3.  Highlight: In May 2011, after two years in foreclosure, the tenants at Borinquen Court in the Bronx had their building purchased by the non-profit organization West Side Federation for Senior and Supportive Housing. It was a a hard earned victory and the tenants are looking forward to living in a building with the owner they chose!

4. Somewhere-In-Between: Rent regulation was extended in June 2011! The “grand compromise” however has many complaining about the fact that  rent-regulated affordable housing has not been permanently preserved due to the fact that vacancy decontrol is still in effect.

5. Lowlight: In September 2011, The Bluestone Group sold a group of six dilapidated Bronx buildings to Anthony Gazivoda for a whopping $17 Million dollars. This made for the fourth over leveraging of this severely distressed portfolio.

6. Highlight: In September 2011, 1520 Sedgewick (AKA the “Birthplace of Hip Hop”) was saved! With tenant endorsement, Winn Residential and Workforce Housing Advisors purchased the building with an extensive rehab scope and permanent affordability plan to accompany the acquisition!

It was a busy year fighting for decent conditions and permanent affordability in New York City housing. UHAB organizers, tenants, and allies are still actively fighting to against over leveraging, bad conditions, negligent landlords, and against the banking industry’s bottom-line, top-dollar mentality. As Predatory Equity becomes a clearer and more understood trend,  we sincerely hope that our 2012 year in review will hold fewer lowlights and many more highlights as we continue to develop new tools to fight this rapacious phenomenon.

See you in 2012! We have a feeling it will be a great year!

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Remapping Debate: “Gov. Cuomo’s faux victory on behalf of NYC Renters”

Remapping Debate provides a good breakdown of how yesterday’s decision on rent regulation and reform is in fact a continuation of long standing policy that hurts low-income renters.

June 22, 2011 — New York Governor Andrew Cuomo may describe a tentative deal on extending rent regulation for millions of New York City tenants as one representing “significant progress,” but the reality is that he has left the trigger points at which apartments are deregulated worse for tenants than they were 14 years ago, when then-Governor George Pataki first orchestrated legislative changes designed to destroy rent regulation. The fundamental levers of deregulation that Pataki put in place are untouched by Cuomo’s paltry efforts.

Read more at Remapping Debate.

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