NYC's Affordable Housing Crisis Hits a Dead End: Restore Section 610
New York City is at a breaking point when it comes to affordable housing. Vacancy rates are alarmingly high, with families struggling to make ends meet as rents soar out of control. The city's Department of Housing Preservation and Development (HPD) has recently announced that it will stop processing most new applications for Section 610 of the Private Housing Finance Law, a move that could have far-reaching consequences for low-income New Yorkers and the city's already-strained affordable housing stock.
Section 610, signed into law by Governor Kathy Hochul in December 2022, was a rare moment of policy innovation that benefited everyone involved. The law allows owners of rent-stabilized affordable housing to collect the full amount of federal and local housing vouchers, even when that amount exceeds the building's registered legal rent, without increasing what tenants pay. This means that tenants continue paying only 30 percent of their income toward rent, while building owners receive additional income to cover rising operating costs and building repairs.
The program was designed with safeguards in place, including regulatory assessments to prioritize buildings with the greatest need, rent stabilization protections, and provisions ensuring that rents drop back to the legal amount if a tenant loses their voucher. However, HPD claims that federal funding uncertainty is behind its decision to shut down the program for new applicants.
However, housing providers argue that this move is nothing short of an existential threat. Insurance costs have skyrocketed, property taxes continue climbing, and labor and material costs for maintenance have surged. Developers who built affordable housing under regulatory agreements years ago are now collecting only 93 percent of rents compared to the 95 percent they underwrote, a figure that was considered conservative before 2020.
Without Section 610, these buildings face a slow death spiral. Insufficient cash flow means deferred maintenance, which leads to building deterioration. Deterioration results in tenant displacement and the loss of affordable units from the city's housing stock. This is a story that has played out countless times across the five boroughs.
HPD's justification for shutting down Section 610 applications rings hollow. The federal voucher programs that the law leverages are not new appropriations, but existing commitments. If HPD is concerned about budget constraints, the solution is to prioritize which buildings receive Section 610 authorization based on demonstrated need, rather than abandoning the program entirely.
The timing couldn't be worse. New York is in the midst of implementing its most ambitious housing agenda in decades, including a 485-x tax incentive designed to stimulate affordable housing construction. Yet what good are new affordable units if we're simultaneously allowing our existing affordable stock to deteriorate through bureaucratic paralysis?
The city should reverse course and immediately reopen Section 610 applications with prioritization criteria based on demonstrated financial need. If federal budget constraints genuinely require limiting the program's scope, then create a transparent waitlist and approval process rather than an arbitrary shutdown.
Most importantly, recognizing that preserving existing affordable housing is just as critical as building new units, often more cost-effective. Every dollar spent propping up struggling affordable buildings through Section 610 saves the much larger investment required to replace those units once they're lost.
New York cannot afford to let bureaucratic caution and budgetary pessimism undermine smart housing policy. Section 610 works, and it should be expanded, not abandoned. The affordable housing crisis demands bold action, not timid retreat. HPD must open the doors to both Section 610 applications and the affordable housing future New York desperately needs.
New York City is at a breaking point when it comes to affordable housing. Vacancy rates are alarmingly high, with families struggling to make ends meet as rents soar out of control. The city's Department of Housing Preservation and Development (HPD) has recently announced that it will stop processing most new applications for Section 610 of the Private Housing Finance Law, a move that could have far-reaching consequences for low-income New Yorkers and the city's already-strained affordable housing stock.
Section 610, signed into law by Governor Kathy Hochul in December 2022, was a rare moment of policy innovation that benefited everyone involved. The law allows owners of rent-stabilized affordable housing to collect the full amount of federal and local housing vouchers, even when that amount exceeds the building's registered legal rent, without increasing what tenants pay. This means that tenants continue paying only 30 percent of their income toward rent, while building owners receive additional income to cover rising operating costs and building repairs.
The program was designed with safeguards in place, including regulatory assessments to prioritize buildings with the greatest need, rent stabilization protections, and provisions ensuring that rents drop back to the legal amount if a tenant loses their voucher. However, HPD claims that federal funding uncertainty is behind its decision to shut down the program for new applicants.
However, housing providers argue that this move is nothing short of an existential threat. Insurance costs have skyrocketed, property taxes continue climbing, and labor and material costs for maintenance have surged. Developers who built affordable housing under regulatory agreements years ago are now collecting only 93 percent of rents compared to the 95 percent they underwrote, a figure that was considered conservative before 2020.
Without Section 610, these buildings face a slow death spiral. Insufficient cash flow means deferred maintenance, which leads to building deterioration. Deterioration results in tenant displacement and the loss of affordable units from the city's housing stock. This is a story that has played out countless times across the five boroughs.
HPD's justification for shutting down Section 610 applications rings hollow. The federal voucher programs that the law leverages are not new appropriations, but existing commitments. If HPD is concerned about budget constraints, the solution is to prioritize which buildings receive Section 610 authorization based on demonstrated need, rather than abandoning the program entirely.
The timing couldn't be worse. New York is in the midst of implementing its most ambitious housing agenda in decades, including a 485-x tax incentive designed to stimulate affordable housing construction. Yet what good are new affordable units if we're simultaneously allowing our existing affordable stock to deteriorate through bureaucratic paralysis?
The city should reverse course and immediately reopen Section 610 applications with prioritization criteria based on demonstrated financial need. If federal budget constraints genuinely require limiting the program's scope, then create a transparent waitlist and approval process rather than an arbitrary shutdown.
Most importantly, recognizing that preserving existing affordable housing is just as critical as building new units, often more cost-effective. Every dollar spent propping up struggling affordable buildings through Section 610 saves the much larger investment required to replace those units once they're lost.
New York cannot afford to let bureaucratic caution and budgetary pessimism undermine smart housing policy. Section 610 works, and it should be expanded, not abandoned. The affordable housing crisis demands bold action, not timid retreat. HPD must open the doors to both Section 610 applications and the affordable housing future New York desperately needs.