Comments on Mayor de Blasio’s proposed Mandatory Inclusionary Housing text amendment to the City Planning Commission and New York City Council

SUMMARY

The Committees on Housing & Urban Development (William H. Vidal and Daniel Weisz, Co-Chairs), Land Use Planning & Zoning (Ross F. Moskowitz, Chair), and Cooperative & Condominium Law, (Phyllis H. Weisberg, Chair) wrote letters expressing support for the concept of Mandatory Inclusionary Housing (MIH) as a method for creating permanently affordable housing, but raised concerns that certain aspects of an amendment pending before the Commission “are or may become problematic, particularly in light of the recent expiration of the 421-a property tax exemption (‘421-a’).” Specifically, the letter “recommends that the CPC consider postponing the approval of the MIH text amendment and of individual rezonings involving MIH until there is clarification as to whether 421-a will be available and with what requirements (affordability requirements, construction wages, and other relevant requirements).” Under the City land use procedures governing text amendments such as MIH, the City Planning proposal is not subject to a statutory time clock for approval. The Committees outline a number of additional suggestions for strengthening and clarifying the MIH proposal while reiterating the City Bar’s support for the CPC’s and the Administration’s goal of increasing affordable housing production through MIH.