Creating Affordable Housing Out of Thin Air: The Economics of Mandatory Inclusionary Zoning in New York City
This policy brief examines the economic potential of a mandatory inclusionary zoning policy to produce new affordable units tied to upzonings across New York City’s neighborhoods. It finds that a mandatory inclusionary zoning policy in New York City has the potential to produce affordable units in neighborhoods that already command high rent, such as East Harlem. But the city’s low-rent neighborhoods, such as East New York and Jerome Avenue, may not have sufficient market strength to justify high-density mixed-income development without other forms of subsidy. The study considers the role of 421-a, as well as key policy trade-offs including on-site vs. off-site, depth of affordability, and permanent affordability. View the white paper, press release, and briefing presentation deck.
Unlocking the Right to Build: Designing a More Flexible System for Transferring Development Rights
This report details the untapped potential for NYC’s transferable air rights program, a critical tool for high-density housing development in New York City. Using case study examples, the report outlines limitations to the city’s current TDR policies and suggests a policy approach that could unlock millions of square feet of unused air rights to help produce more affordable housing.
Buying Sky: The Market for Transferable Development Rights in New York City
This policy brief analyzes development right transfers in New York City between 2003 and 2011, looking at the prices paid, number of rights transferred, location of the sending and receiving parcels, and legal mechanisms used, in order to shed light on an important but hard-to-track market. The report, “Buying Sky: The Market for Transferable Development Rights in New York City,” examines 243 arms-length transactions for which complete data is available, and finds wide variation in the price paid per square foot of development rights, even for sales within the same neighborhoods, programs, and time periods. See the press release or read the full report.
NYC Housing 10 Issues Series #6: Transferable Development Rights
In a very dense city with a significant need for affordable housing, unused development rights are an important potential source of additional capacity. Wider transfer of development rights would support the development of affordable housing. Many communities, however, fear the increased density that additional transfers would create. Permitting transfers of unused development rights to more distant locations to spur the development of affordable housing. This brief explores the tradeoffs of a revised transferable development rights policy.
The #NYChousing series, published in 2013 prior to the New York City mayoral election, identified 10 key affordable housing issues that were likely to confront the next mayor of New York City. The series aimed to inform the public about the policy tradeoffs by providing an objective analysis of the pros, cons, and questions related to key housing issues facing New York City. How the incoming New York City mayor would choose address the city's housing challenges in an environment of increasing needs, declining federal support, and a strengthening real estate market would have an enormous effect on the livability, diversity, and character of the city.
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.
Land Use Controls: Cases and Materials (Third Edition)
A thematic framework that reveals the connections among the multiple discrete topics under land law, with attention to the factual and political context of the cases and the aftermath of decisions