Publications
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Transferable Development Rights Programs: ‘Post’ Zoning?
Transferable Development Rights (TDR) programs allow property owners to sell unused development capacity at their property and transfer it to another site, where it is typically used to increase the permitted size of a development. In recent years, New York City has enacted programs that use TDRs in increasingly sophisticated ways. These uses share three common attributes: an increased focus on directing the location and density at sites that receive development rights; the use of TDRs as an integral component of more comprehensive rezoning initiatives; and the creation of regulatory incentives that strengthen the market for TDRs. In this essay, we conclude that TDRs in New York can no longer be understood just as a creative mechanism to soften the effect of rigid zoning restrictions, but should also be recognized as a tool land use decision makers increasingly use in place of, or in tandem with, upzonings, bonuses, and other devices for increasing density.
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Challenges Facing Housing Markets in the Next Decade: Developing a Policy-Relevant Research Agenda
This paper proposes a research agenda that addresses the major challenges facing the U.S. housing market: the long-term effects of the housing market crisis on today’s households and on the next generation, increasing poverty coupled with persistently high income inequality and volatility, continued concentration of poor and minority households in low-quality housing and low-opportunity neighborhoods, and the growing need for sustainable and resilient buildings and communities. This analysis is a framing paper for the What Works Collaborative, a foundation-supported research partnership that conducts timely research and analysis to help inform the implementation of an evidence-based housing and urban policy agenda.
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Searching for the Right Spot: Minimum Parking Requirements and Housing Affordability in New York City
The policy brief examines New York City’s minimum residential parking requirements in communities throughout the city and explores the possible effects on housing affordability and on the city’s sustainability goals. The brief finds that the requirements may be causing developers to supply more off-street parking spaces than they expect tenants and homebuyers to demand, potentially driving up the cost of housing and promoting inefficient car ownership.
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Matching Words and Deeds? How Transit-Oriented are the Bloomberg-era Rezonings in New York City?
Anticipating that New York City will grow to more than nine million residents by 2030, the City has launched an ambitious planning agenda focused on development in neighborhoods well served by public transit. Between 2002 and 2009, New York City’s government enacted 100 significant changes to its zoning code, constituting the most significant change to the City’s land use regulations since the original version of the current zoning code was adopted in 1961. This chapter explores the cumulative impact of the individual zoning actions on residential capacity, and how the rezonings match the City’s stated development, environmental and transportation goals. The authors found that, consistent with desired development patterns, there has been a modest overall increase in residential capacity concentrated in neighborhoods near rail transit stations.
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Minimum parking requirements and housing affordability in New York City
Many cities throughout the United States require developers of new residential construction to provide a minimum number of accompanying off-street parking spaces. However, critics argue that these requirements increase housing costs by bundling an oversupply of parking with new housing and by reducing the number of units developers could otherwise fit on a given lot. In this article, we explore the theoretical objections to minimum parking requirements and the limited empirical literature. We then use lot-level data and GIS to analyze parking requirements in New York City to determine to what extent they are already effectively sensitive to transit proximity. Finally, we examine developer response to parking requirements by comparing the number of spaces that are actually built to the number required by applicable zoning law. Our results indicate that the per-unit parking requirement in New York is, on average, lower in areas near rail transit stations, but the required number of spaces per square foot of lot area is higher, on average, in transit accessible areas. We also find that by and large, developers tend to build only the bare minimum of parking required by zoning, suggesting that the minimum parking requirements are binding for developers, as argued by critics, and that developers do not simply build parking out of perceived marked need. Our results raise the possibility that even in cities with complex and tailored parking requirements, there is room to tie the requirements more closely to contextual factors. Further, such changes are likely to result in fewer parking spaces from residential developers.
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How do New York City’s Recent Rezonings Align With its Goals for Park Accessibility?
In 2007, New York City adopted a long-term sustainability plan that announced a goal of ensuring that almost every New Yorker lives within a ten minute walk of a park of substantial size. At the same time, policymakers are rewriting the City’s land use map through an unprecedented series of neighborhood level rezonings that involve changing the use type and residential capacity of affected lots or groups of lots. Despite the confluence of these interventions, no research has analyzed how the rezonings interact with the City’s park infrastructure, and specifically, whether residential capacity changes in areas close to parks differ from those in areas further away. In this research, we employ a database of every tax lot in New York City to investigate how well the City-initiated rezonings correlate with the goal of providing New Yorkers with good access to the City’s parks. Our results indicate a mixed picture; while most ‘upzoned’ lots (lots where residential capacity was added) were near parks, we also find that the majority of ‘downzoned’ lots (lots where residential capacity was reduced) were also close to parks. The net impact of these rezonings was a modest increase in residential capacity for the City as a whole, but the increases were disproportionately focused in areas further from parks.
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Silver Bullet or Trojan Horse? The Effects of Inclusionary Zoning on Local Housing Markets in the United States
Many local governments are adopting inclusionary zoning (IZ) as a means of producing affordable housing without direct public subsidies. In this paper, we use panel data on IZ in the San Francisco metropolitan area and Suburban Boston to analyze how much affordable housing the programs produce and how IZ affects the prices and production of market-rate housing. The amount of affordable housing produced under IZ has been modest and depends primarily on how long IZ has been in place. Results from Suburban Boston suggest that IZ has contributed to increased housing prices and lower rates of production during periods of regional house price appreciation. In the San Francisco area, IZ also appears to increase housing prices in times of regional price appreciation but depresses prices during cooler regional markets. There is no evidence of a statistically significant effect of IZ on new housing development in the Bay Area.
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Building Environmentally Sustainable Communities: A Framework for Inclusivity
The U.S. Department of Housing and Urban Development (HUD) has decided to include two key goals in all of its programs: encouraging sustainable communities and enhancing access to opportunity for lower-income people and people of color. This paper examines the relationship between these two goals through a literature review and an original empirical analysis of how these goals interact at the neighborhood and metropolitan area levels. We also offer policy recommendations for HUD.
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Community Benefits Agreements: A New Local Government Tool or Another Variation on the Exactions Theme?
Community benefits agreements (CBAs) are the latest in a long line of tools neighbors have used to protect their neighborhood from the burdens of development, and to try to secure benefits from the proposed development. This Article canvasses the benefits and drawbacks various stakeholders perceive CBAs to offer or to threaten, and reviews the legal and policy questions CBAs present. It recommends that local governments avoid the use of CBAs in land use approval processes unless the CBAs are negotiated through processes designed to ensure the transparency of the negotiations, the representativeness and accountability of the negotiators, and the legality and enforceability of the CBAs’ terms.
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How Have Recent Rezonings Affected the City’s Ability to Grow?
How Have Recent Rezonings Affected the City’s Ability to Grow? is the first comprehensive statistical analysis of the City’s rezoning strategy. The report examines the net impact of the 76 rezonings initiated by the City between 2003 and 2007. It finds that, of the 188,000 rezoned lots citywide, 86% were rezoned to reduce or limit new development through either a downzoning or a contextual-only rezoning. Nevertheless, the 14% of lots that were upzoned resulted in a net gain of 100 million square feet of new capacity citywide. The report explores the likelihood that this new capacity will be developed for residential use, and examines the characteristics of neighborhoods that gained new capacity and of those that lost capacity.