Publications
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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.
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Fifty Years of Historic Preservation in New York City
This white paper offers a detailed overview of the process of designation and the spread of historic districts and landmarks throughout New York City. In addition, it provides additional analyses comparing the land uses, building types, commercial uses, and population in historic districts with those attributes of nearby neighborhoods and lots. A summary of the white paper's findings is available in the accompanying policy brief of the same name.
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Policy Brief: Fifty Years of Historic Preservation in New York City
This policy brief compares the development characteristics, housing stock, demographic characteristics, and commercial characteristics between historic districts and areas that are not regulated by the Landmarks Preservation Commission (LPC). It finds that New York City’s historic districts have similar population and built density to non-LPC regulated areas, but also contains a higher proportion of market-rate housing. Residents of the city’s historic districts are also higher-income, more highly educated, and more likely to be white.
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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.
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Preserving History or Hindering Growth? The Heterogeneous Effects of Historic Districts on Local Housing Markets in New York City
Historic district designation has long been a topic of considerable debate. This report, conducted in collaboration with the National Bureau of Economic Research, provides new evidence to inform one aspect of this discussion—the effect that historic district designation has on housing. The report considers how designation of historic districts in New York City affects property values both within district boundaries and in the buffer areas just outside district boundaries, and explores how these effects vary across neighborhoods. Read the full report, the research brief, or view the press release.
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Compact Units: Demand and Challenges
This research brief explores the potential that smaller housing units offer in meeting evolving housing needs and the regulatory barriers that inhibit their construction. The brief and the accompanying white paper, Responding to Changing Households: Regulatory Challenges for Micro-Units and Accessory Dwelling Units, focuses on five U.S. urban areas (New York, Washington D.C., Austin, Denver, and Seattle), and outlines the regulatory, financial, and political barriers that impede the development of smaller, denser housing types, such as micro-units and accessory dwelling units. Read the white paper (PDF) or view the press release.
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Responding to Changing Households: Regulatory Challenges for Micro-Units and Accessory Dwelling Units
In many areas of the country, the existing stock of rental housing falls significantly short of the need, both in terms of affordability and the sizes and configurations of available housing matching the needs of prospective tenants. In response to these and other concerns, a number of jurisdictions have revised their regulations to permit the development of more compact rental housing units, including both accessory dwelling units (ADUs) and micro-units.This paper provides a detailed analysis of the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York; Washington, D.C.; Austin; Denver; and Seattle. This research was conducted as part of the What Works Collaborative. For more, see the accompanying research brief, Compact Units: Demand and Challenges; download a zip file with city-level data; or view the press release.
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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.
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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.
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Give Credit Where Credit Is Due: Overhauling the CRA
The Community Reinvestment Act (CRA) is in need of a major overhaul. Since the CRA was enacted in 1977, and since the last major rewrite of the regulations more than 15 years ago, much about the financial services industry has changed. This chapter discusses why the regulatory system needs to be redesigned to allow for more regular and timely updates, allowing more rapid responses to what is working and what is not. By being more amenable to continuous improvement, the CRA should be more open to innovation and experimentation given the greater opportunity for making midterm corrections. This chapter starts with a brief overview of the CRA and its successes. It then outlines some ways to facilitate more regular updating of the CRA regulations, followed by a review of a number of ways to increase the effectiveness of CRA in helping to stabilize and revitalize low-and moderate-income (LMI) communities.
