Underused Lots in New York City
Despite a robust real estate market for most of this decade, researchers and policymakers have observed that many areas of New York City have remained built out well below their zoning capacity. This study aims to contribute to our understanding of urban redevelopment by compiling and analyzing a large database of underdeveloped lots in the City. We identify about 200,000 such lots as of 2003 that were built out at less than 50% of their zoning capacity, representing about a quarter of all residentially zoned lots. Of these, about 8% were redeveloped during the subsequent four years. Our preliminary analysis reveals that underdeveloped lots are primarily made up of low density 1-4 family houses and are disproportionately located in poor and minority neighborhoods. We plan to use this analysis as the foundation for further analysis to assess whether market failures and regulatory and other barriers impede desirable development in mature cities.
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.
Urban Land-Use Regulation: Are Homeowners Overtaking the Growth Machine?
The leading theory about urban land-use regulation argues that city zoning officials are full partners in the business and real estate elite’s “growth machine.” Suburban land-use officials, in contrast, are thought to cater to the interests of the majority of their electorate— “homevoters.” A unique database regarding over 200,000 lots that the New York City Planning Commission considered for rezoning between 2002 and 2009 allows us to test various hypotheses suggested by these competing theories of land-use regulation. This analysis reveals that homevoters are more powerful in urban politics than scholars, policymakers, and judges have assumed.
Zoning for Affordability: Using the Case of New York to Explore Whether Zoning can be Used to Achieve Income-Diverse Neighborhoods
This article considers the legal limitations on a locality’s ability to regulate land use, in order to evaluate whether mandatory inclusionary zoning can withstand legal challenge. It uses New York City’s recently adopted, ambitious, mandatory inclusionary zoning policy as a case study, and considers how the city might justify the policy in the face of both constitutional and state law challenges. The article concludes that New York City’s policy is likely to survive, but there are open legal questions that make it hard to predict with certainty how the policy will ultimately fare. Inclusionary zoning policies in other jurisdictions are likely to face similar challenges, and the experience of New York City will hold important lessons for other high-cost cities interested in using land use r egulation to foster economically diverse neighborhoods.