In This Game of Political Chicken, Everybody Loses

by Paul Graziano

New York State is facing an existential crisis – and it’s completely the fault of its own politicians.
One month ago, Governor Kathy Hochul made vague and somewhat ominous statements in her 2022 State of the State televised speech about housing policy, stating that she would “fix outdated land use laws that hold back housing supply” and that “transit-oriented development” was also part of her overall housing strategy for New York State.

Unfortunately, the devil is in the details, which were fleshed out in the actual State of the State Report and subsequent legislation submitted by the Governor. For the first time in living memory, the Executive Branch of New York State is proposing to dictate land use and zoning laws in a blanket fashion across the state, abrogating “home rule” everywhere. This action is sticking a thumb in the eye of local governments and representatives, who tend to understand how best to plan for present and future development challenges and opportunities.

The first bill, sold as the solution for the lack of affordable housing in New York’s cities, towns and villages, calls for requiring every single-family zone from Buffalo to Montauk to allow at least one additional accessory dwelling unit, or ADUs, on each individual lot. If adopted, this will effectively eliminate one-family zoning in New York State.

Additionally, this bill requires New York City to give total amnesty to the tens of thousands of illegal conversions which have been created by unscrupulous property owners over the past three decades – units which are market rate; of substandard construction; and, as Hurricane Ida recently proved, sometimes deadly.

The second bill focuses on transit-oriented development, or TODs, which is a planning strategy to increase density in areas within theoretical walking distance of train stations. While Governor Hochul seemed to describe a partnership and incentivized approach with affected communities in the State of the State Report, with a promise to “foster multifamily construction in zones drawn by municipalities around rail transit stops,” her actual legislation calls for mandatory increases in density – to the tune of a minimum of 25 units per acre – on every residentially zoned parcel of land within a half mile of each Long Island Railroad, Metro North and Amtrak station.

As word has spread Statewide about Governor Hochul’s actions during the past few weeks – and other similar bills introduced by State Senators Peter Harckham  and Brad Hoylman, and Assemblymember Harvey Epstein – the shock and anger among local elected officials, residents and property owners has been palpable; the response has been overwhelmingly and adamantly in opposition to what they see as a power grab of epic proportions which may violate the “home rule” provisions of the State Constitution.

If Governor Hochul’s legislation – quietly (and cynically) inserted into the budget several weeks ago due to its overwhelming unpopularity – somehow passes and is made into law, the political fallout will be devastating.

More than 12 million people – over 60% of the population of New York – will be directly affected by these actions; their infrastructural concerns like schools, roads, water and sewers, are often given short shrift – at best – and are not spelled out or funded by the Governor’s bills. The orgy of speculative development that will follow, with local governments unable to intervene, will destabilize all of New York State.

And, as recriminations follow and the citizenry either vote with their feet or turn out the current crop of elected officials in response, much handwringing will occur by the political class, wondering how they got it so wrong.

​In a game of political chicken like this, one thing is for certain: everyone loses.
 
Paul Graziano is an urban planning, land use and zoning consultant and the principal of Associated Cultural Resource Consultants.
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