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A Discussion
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Original Intent
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Encourage needed upgrades for existing housing Reduce operating costs for highly subsidized projects Stimulate needed residential construction and related economic activity Hold city expenditures to the minimum needed to reach these objectives
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1950’s Encourage needed upgrades for existing housing
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1960’s Reduce operating costs for highly subsidized projects
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1970’s Stimulate needed residential construction and related economic activity
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1990’s Reduce operating costs for highly subsidized LIHTC projects
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Many places have PILOT programs DC, Philadelphia, Seattle, Cincinnati have as of right programs ◦ May cap total amount awardable in a year ◦ May require affordability ◦ Usually 8-10 year abatement period ◦ Some programs are highly targeted (e.g. SRO program in DC)
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Usually require a threshold investment May require affordability component ◦ Seattle – 20% of units “affordable”
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The Context
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Source: Annual Report on Tax Expenditures Fiscal Year 2011
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Units with Tax Exemptions Annual Dollar Costs of Exemptions (in millions) Source: Annual Report on Tax Expenditures Fiscal Year 2011 and DOF Data on J-51
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Source: RGB 2011 Income and Expense Study
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Talked to 28 industry and government leaders about, ◦ Objectives and effectiveness of programs ◦ Administration of programs ◦ Practical issues
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Many old tax incentive programs designed to take advantage of different state and federal programs ◦ Article 2 for Mitchell Lama ◦ Article 5 for federal programs ◦ Article 4 ◦ Article 16/UDAAP These are not growing and slowly fading out
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Is this still a valid objective? ◦ New variations Energy efficiency Preserving at risk buildings Preserving affordability
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J-51 ◦ Is it too complicated? Processing takes too long Approval amount subject to too much variation ◦ Does the Roberts decision make this program more “efficient” going forward
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J-51 ◦ Is the term long enough?
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Is this a valid objective of public policy? Does the incentive generate construction that would not otherwise occur?
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421-a ◦ Panelists said current tax rates are a significant barrier to new construction. ◦ Could a reformed tax policy for new rental housing achieve the same objective more efficiently?
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421-a ◦ Does the economic value of the incentive go to the seller of the land or to the project? ◦ How can we insure it goes to the project?
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Should the 421-a link to rent stabilization continue? ◦ Does the Roberts decision make these programs more “efficient” going forward?
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In general, do the tax incentives match the term of affordability restrictions of the projects?
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Article 11/ 420c Generally seems to be working Possible changes ◦ Should one program go the Council and the other be as of right? ◦ Could Article 11 extensions be approved without Council approval?
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Are there new priorities that should be brought into the tax incentive process? ◦ Over Mortgaged buildings ◦ TPT projects ◦ Preserving former Section 8 and Mitchell Lama projects ◦ Energy efficiency ◦ Preserving affordability
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