New York City Council Votes to Declare Continuing Housing Emergency to Maintain Rent Stabilization Laws

 

Council also passed legislation to require Department of Education to report on actual class sizes, rather than averages

Today, the New York City Council voted to declare that there is an ongoing housing emergency to extend the Rent Stabilization Law from expiring on April 1, 2024, to April 1, 2027. To maintain New York City’s rent stabilization laws pursuant to state law, the Council must determine whether there is an ongoing housing emergency every three years, defined as a vacancy rate of less than 5% of the City’s rental housing stock. Findings from the 2023 Housing and Vacancy Survey (HVS) show a citywide rental vacancy rate of 1.41%, the lowest this measurement has been since 1968, and a significant decline from 2021, when the net vacancy rate was 4.54%.

The Council also passed legislation to require the Department of Education (DOE) to report on the actual class sizes of all classes in DOE schools and programs. This bill would also require the DOE to report, on a district, borough, and citywide level, the number and percentage of students in special programs, disaggregated by program type, grade, race or ethnicity, gender, special education status, and English language learner status.

“The shortage of available homes in our city has contributed to an affordability crisis affecting all New Yorkers,” said Speaker Adrienne Adams. “The results from the latest Housing and Vacancy Survey underscore how dire our housing crisis has become, especially for units at the most affordable rates. By passing today’s legislation, the Council will extend the Rent Stabilization Law to ensure rent regulation protections can continue in our city. I thank Chair Sanchez for her leadership and all of our colleagues for supporting this important legislation.”

Declaring Continued New York City Housing Emergency to Extend Rent Stabilization Laws

Introduction 653-A, sponsored by Council Member Pierina Sanchez, would extend the Rent Stabilization Law from expiring on April 1, 2024, to April 1, 2027, based on the declaration of an ongoing housing emergency from findings of the 2023 Housing and Vacancy Survey.

Resolution 256, sponsored by Council Member Pierina Sanchez, would declare that there is a continuation of a public emergency that requires rent control in New York City beyond April 1, 2024.

“New York’s intersecting crises of rising evictions, record homelessness and housing unaffordability are only worsening,”said Council Member Pierina Sanchez. “The most recent housing vacancy survey highlights the lowest vacancy rate on record since the 1960s, showing a 1,4% vacancy rate, with nearly 90 percent of unassisted low-income households severely rent burdened. As the demand for housing continues to surge, and supply remains severely constrained, low-income and working-class New Yorkers are leaving in record numbers. In charting the path forward, we must increase housing supply to accommodate the city’s needed growth, invest in building upgrades and tenant protections so tenants can remain safely in their homes, and increase New Yorkers’ ability to afford our homes so we can stay and contribute to our city’s vibrancy.

Sanchez continued: “Thus, our vote today on my Intro. 653 and Reso 256, which acknowledge the finding of a historically low vacancy rate of 1.4%, allow for the continuation of rent regulation in NYC, a necessary step in providing even a modicum of stability for nearly a million rent regulated city households.”

Tracking Public School Class Sizes

Introduction 45-A, sponsored by Council Member Rita Joseph, would require the Department of Education (DOE) to report the actual class size of all classes in DOE schools and programs. This bill would also require the DOE to report, on a district, borough, and citywide level, the number and percentage of students in special programs, disaggregated by program type, grade, race or ethnicity, gender, special education status, and English language learner status.

In 2022, the New York State Legislature passed legislation mandating that the Department of Education (DOE) limit the number of students in classrooms across all of its K-12 schools, through a 5-year phase-in process beginning in fall of 2023. Though the DOE currently provides reporting on the average class size of all DOE schools and programs, reporting on actual class sizes would provide increased transparency.

“By requiring the New York City Department of Education to report actual class sizes three times a year and expand reporting on the number of students in special programs, we are taking a critical step towards ensuring equitable access to quality education for all,” said Council Member Rita Joseph. “Int.45 will empower parents, educators, and policymakers with the information they need to advocate effectively for our children’s futures. Together, we are building a stronger, more accountable education system that leaves no student behind.”

Distributing Information on Low- or No-Cost Healthcare to Older Adults

Introduction 228-A, sponsored by Council Member Crystal Hudson, would require the NYC Department for the Aging (DFTA) to make information available to older adults about NYC Care, the NYC Health + Hospitals initiative to provide low- or no-cost primary health care to income-eligible NYC residents. DFTA would be required to provide eligibility guidelines for the initiative, clarify it is not based on immigration status, and ensure information is available in paper form and at all locations where DFTA services are provided.

“For our older neighbors, access to low or no-cost primary health care is a vital resource,” said Council Member Crystal Hudson. “However, too many of our neighbors—of all ages—are unaware of NYC Health + Hospitals’ NYC Care initiative, which was created to expand access to primary health care for all New Yorkers, regardless of immigration status. The passage of Int. 228A will help us guarantee our older neighbors are equipped with the information they need to lead healthy lives and gain access to the myriad additional resources NYC Cares provides, including housing, legal, and food assistance. Int. 228A also represents another critical piece in our fight to make New York City the best place to grow older, and I am eager to continue working toward that end under the leadership of Speaker Adams.”

Clarifying Frequency of Reports on the Removal of Individuals Experiencing Homelessness from Public Space

Introduction 349, sponsored by Council Member Sandy Nurse, would clarify that required reports on the removal of individuals experiencing homelessness from public spaces, and the services offered and outcomes, are to be submitted on a quarterly basis.

“Today’s bill further clarifies that the City will be required to issue quarterly reports on homeless sweeps and other removals, the first of which is expected in May,” said Council Member Sandy Nurse. “Int. 349 is especially prescient as recent reporting has shown that more and more migrants are being forced to sleep on the streets and subways due to the Administration’s new rules restricting shelter stays. Now more than ever the Council needs greater transparency and accountability over the Administration to protect people’s human and civil rights, as well as to move us away from destructive policies that do nothing to place people in housing.”

Land Use

East 94th Street Rezoning – LM East 94 LLC seeks a zoning map amendment to change an existing M1-4 district to a C2-8 and C4-6 district and related zoning text amendment to establish a Mandatory Inclusionary Housing (MIH) area in Council Member Julie Menin’s district. These actions will facilitate a new 40-story mixed-use building with approximately 487 housing units, including 146 affordable units, and commercial and community facility space on the lower floors. The Council is modifying the application to strike MIH Option 1 (25% of units at 60% of AMI) and require MIH Option 2 (30% of units averaged at 80% of AMI).

Brownsville Arts Center and Apartments – New York City Department of Housing and Preservation and Development (HPD) requests a zoning map amendment, a zoning text amendment, the designation of an Urban Development Action Area (UDAA) and Urban Development Action Area Project (UDAAP), and disposition of City-owned property in Council Member Darlene Mealy’s district. These actions will facilitate the development of a nine-story mixed-use building that includes approximately 283 affordable housing units, outdoor open space, and ground floor community facility space to promote local arts and culture.

Jennings Hall Expansion – St. Nicks Alliance requests a Zoning Map Amendment to change existing R6B, R7A, and R7A/C2-4 Districts to R7A, R7X, and R7X/C2-4 Districts and related Zoning Text Amendment to establish a Mandatory Inclusionary Housing area in Council Member Jennifer Gutierrez’s district. These actions will facilitate the development of a new 14-story building and the expansion of the existing Jennings Hall senior housing facility with approximately 218 new affordable senior housing units and ground floor commercial space. The Council is modifying the application to remove Option 2 and add the Deep Affordability Option, resulting in MIH Option 1 and the Deep Affordability Option as the available MIH Options for this project area.

88-08 Justice Avenue Restrictive Declaration Termination – Justice Avenue Tower, LLC, in Council Member Shekar Krishnan’s district, requests a cancellation of a Restrictive Declaration from 1973 prohibiting commercial uses on the site that would otherwise be allowed as-of-right. This will facilitate the conversion of community facility space to commercial use in a portion of a recently completed 18-story mixed-use building with 180 residential units, community facility space in the Central Queens Academy Charter School, ambulatory medical space, and 407 parking spaces in a multi-level parking structure.

26-17 37th Avenue Rezoning – Yaron Rosenthal is seeking a Zoning Map Amendment to change an existing M1-1 district to an M1-5 district. The development site in Council Member Julie Won’s district is currently occupied by a one-story plus cellar light manufacturing building. These actions will facilitate a new seven-story mixed-use building with light manufacturing uses, commercial uses, 58 parking spaces in the cellar and sub-cellar levels, and two loading docks.