IN-PERSON: Livable Cities – New York

Abstract

This paper adds to the growing base of knowledge on incentive zoning (IZ) and inclusionary housing programs (IHP) in high-cost American cities by providing a preliminary understanding of their effectiveness and legal compliance. IHPs encourage or require the provision of affordable housing units in new, market-rate housing developments in exchange for development incentives such as density bonuses. The author assesses program compliance and effectiveness by performing a case study of an Inclusionary Housing Program in a medium-sized New England city. In addition to sharing the quantity and quality of housing units produced through the program, the author tests a zoning requirement that affordable housing units in IZ projects be “similar” to those occupied by market-rate tenants, that they be dispersed throughout buildings, and that tenants enjoy “similar” access to public amenities as market-rate renters. Document analysis and semi-structured interviews illuminate if and to what extent the IHP fulfills some of its legal requirements under zoning. Preliminary findings suggest that affordable housing production is dependent on a strong rental housing market, and that adherence to the program’s legal requirements may differ by building. Similar analyses should be conducted for all mixed-income housing developments, as municipalities increasingly rely on the private market to produce new affordable housing. Policymakers are encouraged to pair local IZ with tenant screening ordinances and conduct independent program reviews, as findings on the unequal treatment of affordable tenants may constitute violations of the Fair Housing Act.