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Wednesday, May 28, 2008

The Times on Rent Control

The New York Times had an article yesterday on apparent efforts by Tishman Speyer Properties to investigate and challenge the status of the residents of its massive Stuyvesant Town and Peter Cooper Villages complexes, some 110 buildings housing 20,000 people in Manhattan.  The photo caption to the story calls them "middle-class complexes," and the story describes them as being "among the city’s largest middle-class redoubts, where nurses, teachers and others could live comfortably and even afford a weekend or summer house."  They are rent-controlled, natch: the story notes that the "average monthly rent at Stuyvesant Town in 2006 was $1,241 for rent-stabilized units and $2,767 for market-rate units."  The issue on which battle joins in the story is whether some residents have maintained other primary residences, which would disqualify them for rent control; they are allowed to own property elsewhere provided it is not their primary residence.  This is one in a recent series of stories the Times has written about firms that have purchased rent-controlled properties in Manhattan and used "aggressive tactics to dislodge rent-regulated tenants."

Of course I don't endorse many kinds of aggressive tactics to dislodge rent-controlled tenants, and some of the other stories the Times has written on this topic have indeed suggested seriously abusive tactics on the part of landlords.  But this story somehow didn't get my tiny violin playing, although the author quite evidently played it for all it was worth.  The story suggests that Tishman Speyer has denied renewal in about 800 rent-stabilized leases in the past 18 months or so.  Of those, "more than 4 in 10 cases were later dropped, while 3 in 10 ended with tenants giving up their apartments."  The story cites serious errors in three denials, none of which the company ultimately pursued.  It suggests that some of the folks who gave up their leases might have been perfectly innocent but surrendered to avoid the hassle, but it doesn't offer any figures to support this.  Nor does it acknowledge that of those "4 in 10 cases" that were dropped by Tishman Speyer, it is possible that the landlord was right in some of those cases, but similarly abandoned its efforts in order to avoid the hassle.  It barely discusses the cases in which people surrendered their leases because they were clearly exploiting the rent-control system -- in the one example cited, a tenant was maintaining a rent-controlled lease while working as an anchorman in Michigan.

And given the numbers and the people involved, the story hardly makes its case that the "ordeal of proving their occupancy" is so stressful and expensive that people give up their apartments despite being entitled to them.  Keep in mind that the average monthly difference between a rent-controlled and a market-price apartment at these complexes, according to the story, is some $1,500.  The average total legal cost of retaining legal counsel to defend one's primary residence status, again according to the story, is $1,100 to $3,500.  Even if you then add in the intangible pain of litigating, surely a rational "middle-class" citizen wouldn't give up so easily.

And consider the victims!  I emphatically don't mean to belittle them.  But the first such couple cited (a retired police detective and his wife, so they're unlikely to be rolling in dough, I want to make clear) owns a summer house on Long Island.  The second owns property in Maryland and Florida.  The third owns property in Virginia.  I can understand the appeal of wanting to maintain a broad spectrum of residents in Manhattan, although I seriously doubt that the benefits of doing so through rent control exceed the costs of the system, and surely a better approach would be to encourage the construction of new housing stock -- say, by eliminating rent control -- while using a combination of market forces and the city's own significant leverage to ensure a distribution across the income spectrum.  But I find it hard to justify maintaining a stock of thousands of rent-controlled units in the heart of Manhattan so that people can afford summer homes. 

Posted by Paul Horwitz on May 28, 2008 at 09:23 AM in Current Affairs | Permalink

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Comments

It seems to me that rent contol is intended to benefit those classes of people who have made a life in NYC since well before the boom rush and want only to stay, willingly paying rents that eat up all their fixed incomes. I'm the last person to advocate for people who can afford to move or are ginning the system, although there is such thing as being "house poor." But the protections are aimed at defending those who are, for ex., 80, widowed, on a fixed income, and a taxpayer in good standing. There often seems to be a feeling that rent control dwellers are somehow hding assets or cheating. Yes those are out there, but means testing is directed at ferreting them out. However, when the system starts to skew toward favoring the landlords and hussling out the tenants, it creates a very stressful and unfair condition for those who are fairly controlled. (And I think we can accept that the system IS skewed because the landlors are the ones with the money and clout to lobby and propose self-interested legislation.) Keep in mind that even those in controlled dwellings are facing huge increases by any standard -- 20 to 40 percent every 5 yrs - due to energy costs and other cost pass-alongs that are forcing up their rents. These people are in a serious bind. They are New Yorkers who have chosen this city as a place to live and earn and embrace. They should't be tossed off as generalized statistics. Thank you.

Posted by: Tom | Jun 27, 2008 10:51:43 PM

I'm happy in general to let the criticisms stand, but EL's last point seems unfair, inasmuch as I fairly explicitly in my post urged the importance of building housing stock across the income spectrum and the city's own role in ensuring that this happens. I didn't specifically mention mixed stock projects, but they were among the things I had in mind, and certainly nothing in my post indicated that I was unaware of or indifferent to the value of mixed-stock planning -- although more than that I can't say, since I'm not as conversant with whatever empirical studies are out there about how well they work.

Posted by: Paul Horwitz | May 30, 2008 9:58:31 AM

SR is right... rent control in NYC is virtually non-existant these days. Unless you have lived in your unit since July 1st 1971, you are not rent controlled. And when rents in a non-doorman building like Stuy Town or PCV are now in the 2800-3400 dollar range for 1-2 bedroom units the violins surely aren't playing much for Tishman Speyer, especially given the consistent issues with noise, garbage, rodents and elevators. Even worse, rent stabilization only applies to select buildings where the tenant resided prior to 1974 or in some cases where the city or state provided subsidies, moved in prior to 1993.

While I am in some respects a free-market advocate, mixed income urban areas help prevent the formation of slums which end up being bad for everyone who lives in the city (ghettos end up driving away businesses and their customers, which leads to vacant commercial properties which then become hot spots for all sorts of bad things and make areas less safe). Which is why the new trend in many planning depts. is to promote mixed market/controlled/social housing projects. But perhaps like many who are well off, the author may not grasp the benefits of integrating different social strata within a community or perhaps enjoys the separation from lower income families.

Posted by: EL | May 30, 2008 9:51:52 AM

"I can understand the appeal of wanting to maintain a broad spectrum of residents in Manhattan, although I seriously doubt that the benefits of doing so through rent control exceed the costs of the system, and surely a better approach would be to encourage the construction of new housing stock -- say, by eliminating rent control -- while using a combination of market forces and the city's own significant leverage to ensure a distribution across the income spectrum."

Actually, New York's rent regulation laws do not apply to any buildings built after 1974 (there are some exceptions for buildings that voluntary accept rent regulation in exchange for certain subsidies). Eliminating rent regulation has not enncouraged the development of affordable housing in Manhattan. Rent stabilization and rent control are the only things keeping just about any apartments in Manhattan below 96th street affordable.

And consider the victim in these cases, Tishman-Speyer, a company that surely owns more than a summer house in Long Island.

Posted by: SR | May 28, 2008 6:07:20 PM

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