October 4, 2007
County Legislators Speak Out to Save Affordable Rents
At a recent state public hearing, County Legislators Lois Bronz (D-WF, Greenburgh), Ken Jenkins (D, Yonkers) and Tom Abinanti (D-IN-WF, Greenburgh) strongly supported legislation to amend regulations affecting subsidy rental programs.
The New York State Department of Housing and Community Renewal (DHCR) held hearings on September 24th in White Plains, New York City and Mineola in Nassau County to provide opportunities for comment on changes to the Rent Stabilization Code affecting New York City and the Tenant Protection Regulations affecting Westchester and other counties. The legislation would allow municipalities to extend the Emergency Tenant Protection Act (ETPA) to rental buildings which have already left or might leave subsidized housing programs like Mitchell-Lama and to eliminate a loophole for owners of such developments to raise rents to market rates.
A subsidized housing program provision, originally applicable to situations affecting individual apartments, allows landlords buying out of their program mortgage to claim “unique and peculiar circumstances” for raising the legal rent to market-rate rentals three to four times the Mitchell-Lama rate. This could affect over 4200 Mitchell Lama units, over 3300 section 236 units and 3000 section 8 units built in the County. Some 3800 affordable units are currently in jeopardy because of subsidized housing program buy outs in Westchester County.
Lois Bronz, Chair of the Board’s Committee on Housing, Planning and Government Operations (HPGO), said “The prospect of losing affordable rental units when Mitchell-Lama and other subsidized housing programs mature is devastating when we have been working so hard to increase housing to meet the crisis needs of our county. In such a high market-rate environment we need a moratorium on Mitchell-Lama buyouts and passage of S5284/A7811 with all deliberate speed so that we are not debating this year after year.” The HPGO Committee, including Legislators Vito Pinto, Bernice Spreckman, Ken Jenkins and William Burton, sent a letter supporting the legislation.
Ken Jenkins said the state has to recognize that affordability is different in different places. “While we make strides to encourage and develop affordable housing units, market-rate and luxury housing is being developed at ten and twenty times over,” he said. “We have to balance the housing needs of all the people.” Tom Abinanti added, “Government regulated and subsidized rental apartments are a significant part of Westchester’s affordable housing, and these government programs must be preserved.”
The proposed amendments, S5284 and A7811, are being sponsored by former county legislators Senator Andrea Stewart-Cousins and Assemblyman George Latimer, among others.
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Copy of the letter sent to the state:
September 28, 2007
NYS Department of Housing and Community Development
Maurice Jamison,
Special Assistant to the Deputy Commissioner
Gertz Place—92-31 Union Hall Street
Jamaica NY 11433
Dear Mr. Jamsion:
Access to affordable housing continues to be first among the challenges faced by Westchester County legislators in our efforts to serve our diverse population. Rental units in Mitchell-Lama buildings and Section 8 have helped meet this growing crisis in the past and we cannot afford to lose them now in a high market-rate environment. Any attempt to keep the affordable rental housing that Mitchell-Lama and other programs provide warrants our strongest support.
In response to the DHCR public hearings, the Westchester County Board’s Committee on Housing, Planning and Government Operations voted on September 25th to support the proposed changes to regulations that would deter owners from increasing rents to market rate. We are pleased that the state administration has proposed amendments to the Rent Stabilization Code and the Tenant Protection Regulations that would make clear that leaving the Mitchell-Lama and other subsidy programs such as Section 8 is not a “unique and peculiar circumstance” allowing rental increases to developments built pre-1974.
We urge the state legislature to pass S5284, introduced by Senators Andrea Stewart-Cousins, Liz Krueger, Martin Connor, and others; and A7811 introduced by Assembly Members Gary Pretlow, George Latimer, and others. These bills would extend the ETPA in subsidy programs regardless of when they were constructed and eliminate the “unique and peculiar circumstance” loophole.
This legislation might stem the tide toward an epidemic of homelessness and allow us a time frame in which to seek other solutions. Our population is increasing and growing in age and need, while there is no significant increase in the segment of the population using market rents or luxury buildings. We need to make sure to balance the needs of the indigenous people with the need for development.
The members of the Committee on Housing, Planning and Government Operations appreciate this opportunity to voice our support and represent our tenants and neighbors who need and depend upon the protection of rent regulations.
Sincerely,
Lois T. Bronz, Chair, Committee on Housing, Planning & Government Operations
For Legislators William Burton, Kenneth Jenkins, Vito Pinto and Bernice Spreckman
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