We are the Statewide Alliance Vs. Elimination of 1-Family Zoning in New York (S.A.V.E 1-Family New York)
Budget Language for the Housing Compact by Paul Graziano on Scribd
February 12th, 2023
ALL HANDS ON DECK!
For the 2nd year in a row, Governor Kathy Hochul is intent on destroying large parts of New York State through a series of housing proposals stuffed into the budget which, if enacted, will wipe out communities in New York City, the suburbs and beyond.
In her 2023 State of the State report made in January – and magnified in her budget speech on February 1st – Governor Hochul’s “Housing Compact” would create tectonic changes in land use policy and rescind home rule across New York. Her proposal would:
o Force every city, town and village in New York State to create 3-year development cycles in perpetuity with mandatory housing targets
o If these targets aren’t met, the Governor will take away “home rule” from local municipalities by removing their ability to author and control their own local land use regulations for the next 3-year cycle. A new State board will allow market-rate multi-family developments to be built anywhere, regardless of local zoning.
o Mandate a blanket “amnesty” program for the tens of thousands of illegally converted houses in New York City, rewarding decades of criminal behavior by unscrupulous property owners who
1) Charge market-rate rents with no protections for tenants;
2) Create dangerous and sometimes deadly conditions; and
3) Negatively impact the quality of life and exacerbate stresses on infrastructure
In addition, it will punish the many property owners in New York City who have legally converted houses, spending tens or hundreds of thousands of dollars to do it the right way – paying increased property taxes as a result.
o As an incentive, all property owners who create Accessory Dwelling Units (ADUs) will receive a property tax exemption, further defunding our local governments!
o Within 3 years, Transit-Oriented Development (TODs) will be mandated around every MTA train or subway station both within and outside of New York City, with a minimum upzoning of 50 units per acre within 15 miles of New York City.
Governor Hochul’s housing policy, if adopted, will once again disproportionately have a negative impact on more than 70% of New Yorkers who specifically choose to live in one-family zoned neighborhoods, towns and villages across our state. However, it will also seriously affect two-family and even lower-density multi-family areas due to mandatory and unsustainable high levels of density. Finally, any new housing created by ADUs or TODs will not be affordable – it will all be market rate.
ALL HANDS ON DECK!
For the 2nd year in a row, Governor Kathy Hochul is intent on destroying large parts of New York State through a series of housing proposals stuffed into the budget which, if enacted, will wipe out communities in New York City, the suburbs and beyond.
In her 2023 State of the State report made in January – and magnified in her budget speech on February 1st – Governor Hochul’s “Housing Compact” would create tectonic changes in land use policy and rescind home rule across New York. Her proposal would:
o Force every city, town and village in New York State to create 3-year development cycles in perpetuity with mandatory housing targets
o If these targets aren’t met, the Governor will take away “home rule” from local municipalities by removing their ability to author and control their own local land use regulations for the next 3-year cycle. A new State board will allow market-rate multi-family developments to be built anywhere, regardless of local zoning.
o Mandate a blanket “amnesty” program for the tens of thousands of illegally converted houses in New York City, rewarding decades of criminal behavior by unscrupulous property owners who
1) Charge market-rate rents with no protections for tenants;
2) Create dangerous and sometimes deadly conditions; and
3) Negatively impact the quality of life and exacerbate stresses on infrastructure
In addition, it will punish the many property owners in New York City who have legally converted houses, spending tens or hundreds of thousands of dollars to do it the right way – paying increased property taxes as a result.
o As an incentive, all property owners who create Accessory Dwelling Units (ADUs) will receive a property tax exemption, further defunding our local governments!
o Within 3 years, Transit-Oriented Development (TODs) will be mandated around every MTA train or subway station both within and outside of New York City, with a minimum upzoning of 50 units per acre within 15 miles of New York City.
Governor Hochul’s housing policy, if adopted, will once again disproportionately have a negative impact on more than 70% of New Yorkers who specifically choose to live in one-family zoned neighborhoods, towns and villages across our state. However, it will also seriously affect two-family and even lower-density multi-family areas due to mandatory and unsustainable high levels of density. Finally, any new housing created by ADUs or TODs will not be affordable – it will all be market rate.
Summary of Past Events - 2022
In January 2022, Governor Hochul made a series of proposals – or dictates – backed by a small minority of NY State Senate and Assembly Democrats, that would have radically transformed housing and development policy throughout NY State.
These included eliminating 1-family zoning across NY State with the introduction of ADUs; removing home rule ability to block this; and giving blanket amnesty to all illegal conversions in New York City.
In addition, all land within ½ mile of Metro North and LIRR stations outside of NYC would have been required to be zoned for a minimum of 25 units per acre for the purposes of transit-oriented development (TODs).
Instead of negotiating with the Legislature from the beginning, the Governor inserted these proposals directly into the omnibus budget bill – a bold and routinely criticized move commonly described as legislation through bill bundling. Only under extreme pressure from the Legislature after a massive outcry from local governments, civic organizations and other informed citizens, the elimination of 1-family zoning; removal of home rule; and TOD development proposal were all taken out of the budget within the 30-day window after introduction allowed without intervention from the Legislature. However, the blanket amnesty for illegal conversions was not and was only removed at the eleventh hour by the Legislature’s refusal to reconcile this with their version(s) of the budget.
The resulting political damage done to the Governor and the Democratic members of the Legislature, particularly in more competitive districts, was significant. While other issues (crime, bail reform, etc.) became more visible with the public later in the election cycle, the initial lack of trust created by these actions at the beginning of the year with elected officials of both parties and active (prime/triple prime) voters set the stage for the resulting losses – and near losses – of Democratic Party elected officials. Even in what have long been considered safe districts within New York City, not only did several seats change parties; others came within a whisker of going Republican.
In order for any political party to retain the confidence of the voters of NY State, housing and development policy must respond to A) local conditions; B) local buy-in from elected officials, civic organizations and key non-real estate industry-oriented stakeholders; and C) incentives vs. mandates.
For example, in the NYC suburbs, decades of progress in establishing buy-in to increase density near and around train stations has been severely undermined by the actions of the Governor this spring. More incentive programs - not mandates – will help repair this damage. In addition, the idea of losing home rule over what is considered local decisionmaking over land use and mandating ADUs was absolute political poison.
Within NYC, the Legislature must understand that the areas away from public transit, particularly eastern Queens and much of Staten Island, cannot absorb the increase in population that would occur through A) elimination of 1-family zoning / legalization of ADUs and B) blanket amnesty for illegal conversions. The subsequent cannibalization of these areas – which have consistently been starved of resources and infrastructure as well as severe cutbacks in bus service – will destabilize what remains of the middle class living in NYC. These majority owner-occupied areas, mostly one- and two-family housing, have much more in common with the NYC suburbs in many aspects. However, in SE Queens, they comprise the largest African American middle class in the country; and in NE Queens, one of the largest middle class Asian American populations as well.
In summary, it’s important for elected officials to remember that they work for us – not the other way around. They need to make sure they pay attention to what our needs and core values are. Otherwise, they risk alienating the vast majority of voters across the city and state. This includes an increasingly angry Asian American voter base which is beginning to be up for grabs for both Democrats and Republicans; a socially conservative streak in both Hispanic and African American owner-occupied neighborhoods (in particular) who are also doing the same and/or not showing up to the polls; and an energetic increase in turnout from Republicans and Blanks in the general election citywide, changing the dynamic in key formerly-safe districts.
Conclusion – Bullet Points
1) Elected officials should be looking ahead to 2024 – what will be the consequences of pushing land use proposals that will anger a huge segment of the voter base?
2) ADUs – a major fallacy of ADUs is the idea that they will magically create affordable units for seniors, firemen, families and students. In California, 60,000 units have been created since 2018. Zero units are designated affordable. All are market rate – and if they don’t rent for the amount they are asking, they are taken off the market. ADUs are just another acronym for more market-rate housing without increased infrastructure. ADUs cannot build New York State out of our housing crisis.
3) 1-family zoning – the goal of creating true affordable housing is laudable. However, in NYC, 1-family zoning makes up a tiny percentage (15%) of land use – and, for informational purposes, all 1-family houses in NY State can have up to 3 unrelated people living together. In the city, the elimination of 1-family zoning is a red herring as these areas are on the outskirts of the city with little infrastructure or transit; outside of the city, all rezoning policy related to 1-family zoning should be looked at on a case-by-case basis, as all locales are different from each other throughout a large and diverse state. In other words – there are cities and towns, particularly upstate, that are looking to increase density considerably in order to draw more population and economic development (such as Schenectady); other cities and towns are not in favor of this, as they are already overdeveloped, with their 1-family zones the only stable portions of their city (Mount Vernon is a prime example of this).
4) TODs – speak with groups who are actually successful at persuading local governments to support TOD development in appropriate locations rather than imposing mandates.
5) Related Housing/Land Costs – one thing that is never discussed is the immediate increase in land prices as you increase allowable development potential. This has occurred in every rezoning that has taken place within NYC – even for supposed “affordable” housing (not very affordable for those who most need it) with lousy collateral results.
6) Home Rule – If Democrats or Republicans don’t want a full-on rebellion from huge swathes of the state, they should never, ever threaten the weakening or elimination of home rule.
7) Incentives vs. Mandates – Carrots almost always work better than sticks when it comes to housing and development. Create more funding for 100% affordable housing projects; encourage TODs in places where they can be supported; make specific targeted areas eligible for longterm grants, loans and tax breaks to encourage affordability.
8) Voters are reasonable – if you are reasonable with them. Many neighborhoods in NYC – even in eastern Queens for example – will support more density in certain places, as long as they are balanced with protecting neighborhood character and lowering maximum density in other places nearby. This is true in other parts of the state as well. It’s when you force voters into something that they will turn on you and vote for the other team (Democrat or Republican).
9) Governor Hochul – has already stated this week that she’s going to fight with the Legislature more “and say No” to get her way on housing. In my opinion, this is not a good start in negotiating with a co-equal branch of government.
In January 2022, Governor Hochul made a series of proposals – or dictates – backed by a small minority of NY State Senate and Assembly Democrats, that would have radically transformed housing and development policy throughout NY State.
These included eliminating 1-family zoning across NY State with the introduction of ADUs; removing home rule ability to block this; and giving blanket amnesty to all illegal conversions in New York City.
In addition, all land within ½ mile of Metro North and LIRR stations outside of NYC would have been required to be zoned for a minimum of 25 units per acre for the purposes of transit-oriented development (TODs).
Instead of negotiating with the Legislature from the beginning, the Governor inserted these proposals directly into the omnibus budget bill – a bold and routinely criticized move commonly described as legislation through bill bundling. Only under extreme pressure from the Legislature after a massive outcry from local governments, civic organizations and other informed citizens, the elimination of 1-family zoning; removal of home rule; and TOD development proposal were all taken out of the budget within the 30-day window after introduction allowed without intervention from the Legislature. However, the blanket amnesty for illegal conversions was not and was only removed at the eleventh hour by the Legislature’s refusal to reconcile this with their version(s) of the budget.
The resulting political damage done to the Governor and the Democratic members of the Legislature, particularly in more competitive districts, was significant. While other issues (crime, bail reform, etc.) became more visible with the public later in the election cycle, the initial lack of trust created by these actions at the beginning of the year with elected officials of both parties and active (prime/triple prime) voters set the stage for the resulting losses – and near losses – of Democratic Party elected officials. Even in what have long been considered safe districts within New York City, not only did several seats change parties; others came within a whisker of going Republican.
In order for any political party to retain the confidence of the voters of NY State, housing and development policy must respond to A) local conditions; B) local buy-in from elected officials, civic organizations and key non-real estate industry-oriented stakeholders; and C) incentives vs. mandates.
For example, in the NYC suburbs, decades of progress in establishing buy-in to increase density near and around train stations has been severely undermined by the actions of the Governor this spring. More incentive programs - not mandates – will help repair this damage. In addition, the idea of losing home rule over what is considered local decisionmaking over land use and mandating ADUs was absolute political poison.
Within NYC, the Legislature must understand that the areas away from public transit, particularly eastern Queens and much of Staten Island, cannot absorb the increase in population that would occur through A) elimination of 1-family zoning / legalization of ADUs and B) blanket amnesty for illegal conversions. The subsequent cannibalization of these areas – which have consistently been starved of resources and infrastructure as well as severe cutbacks in bus service – will destabilize what remains of the middle class living in NYC. These majority owner-occupied areas, mostly one- and two-family housing, have much more in common with the NYC suburbs in many aspects. However, in SE Queens, they comprise the largest African American middle class in the country; and in NE Queens, one of the largest middle class Asian American populations as well.
In summary, it’s important for elected officials to remember that they work for us – not the other way around. They need to make sure they pay attention to what our needs and core values are. Otherwise, they risk alienating the vast majority of voters across the city and state. This includes an increasingly angry Asian American voter base which is beginning to be up for grabs for both Democrats and Republicans; a socially conservative streak in both Hispanic and African American owner-occupied neighborhoods (in particular) who are also doing the same and/or not showing up to the polls; and an energetic increase in turnout from Republicans and Blanks in the general election citywide, changing the dynamic in key formerly-safe districts.
Conclusion – Bullet Points
1) Elected officials should be looking ahead to 2024 – what will be the consequences of pushing land use proposals that will anger a huge segment of the voter base?
2) ADUs – a major fallacy of ADUs is the idea that they will magically create affordable units for seniors, firemen, families and students. In California, 60,000 units have been created since 2018. Zero units are designated affordable. All are market rate – and if they don’t rent for the amount they are asking, they are taken off the market. ADUs are just another acronym for more market-rate housing without increased infrastructure. ADUs cannot build New York State out of our housing crisis.
3) 1-family zoning – the goal of creating true affordable housing is laudable. However, in NYC, 1-family zoning makes up a tiny percentage (15%) of land use – and, for informational purposes, all 1-family houses in NY State can have up to 3 unrelated people living together. In the city, the elimination of 1-family zoning is a red herring as these areas are on the outskirts of the city with little infrastructure or transit; outside of the city, all rezoning policy related to 1-family zoning should be looked at on a case-by-case basis, as all locales are different from each other throughout a large and diverse state. In other words – there are cities and towns, particularly upstate, that are looking to increase density considerably in order to draw more population and economic development (such as Schenectady); other cities and towns are not in favor of this, as they are already overdeveloped, with their 1-family zones the only stable portions of their city (Mount Vernon is a prime example of this).
4) TODs – speak with groups who are actually successful at persuading local governments to support TOD development in appropriate locations rather than imposing mandates.
5) Related Housing/Land Costs – one thing that is never discussed is the immediate increase in land prices as you increase allowable development potential. This has occurred in every rezoning that has taken place within NYC – even for supposed “affordable” housing (not very affordable for those who most need it) with lousy collateral results.
6) Home Rule – If Democrats or Republicans don’t want a full-on rebellion from huge swathes of the state, they should never, ever threaten the weakening or elimination of home rule.
7) Incentives vs. Mandates – Carrots almost always work better than sticks when it comes to housing and development. Create more funding for 100% affordable housing projects; encourage TODs in places where they can be supported; make specific targeted areas eligible for longterm grants, loans and tax breaks to encourage affordability.
8) Voters are reasonable – if you are reasonable with them. Many neighborhoods in NYC – even in eastern Queens for example – will support more density in certain places, as long as they are balanced with protecting neighborhood character and lowering maximum density in other places nearby. This is true in other parts of the state as well. It’s when you force voters into something that they will turn on you and vote for the other team (Democrat or Republican).
9) Governor Hochul – has already stated this week that she’s going to fight with the Legislature more “and say No” to get her way on housing. In my opinion, this is not a good start in negotiating with a co-equal branch of government.