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NY Post
New York Post
23 Jul 2023


NextImg:Hochul’s wrongheaded plan to replace a vital affordable-housing tool

Gov. Kathy Hochul is right to insist on a replacement for a longtime affordable-housing tax break needed to offset the city’s outrageously high property taxes and spur development.

Yet she’s wrong on how she plans to get it.

With the Legislature refusing to replace the expired 421-a tax break, the gov has announced a constitutionally dubious end-run — an executive order — to push her own tax break and boost construction.

The order targets housing in Brooklyn’s Gowanus rezoning neighborhood: The state would take temporary control of development sites and lease them back to developers but require them to make payments-in-lieu-of-taxes (PILOTs) that are less than what they’d pay in property taxes.

It’s creative, but hardly the solution New York needs.

After all, what makes the governor think she can defy the Legislature after it (albeit foolishly) opted not to provide a break?

President Joe Biden has similarly defied lawmakers in Congress — on everything from student loans to immigration.

In his case, the goals run from hideous (truck drivers and waitresses forced to foot the tab for doctors’ and lawyers’ student loans) to downright disastrous (letting in millions of illegal migrants who overwhelm cities).

Hochul’s goal is laudable: New York desperately needs a new 421-a. But that doesn’t justify (or make it more constitutional) to bypass lawmakers.

Hochul’s plan also requires developers to hire minority- and women-owned businesses to be eligible for the break. Great: That will only turn away developers seeking the best firms with the lowest prices.

Make no mistake: The 421-a break was vital to builders who can’t otherwise make a profit, given the city’s sky-high property taxes. It was behind 75% of the affordable units added in the city over last 20 years.

Without a replacement, more than 3,500 apartments in the Gowanus rezoning area alone are at risk of not being built.

The failure to replace 421-a means less rental-housing construction, less affordable housing in particular and less property-tax revenue for the Adams administration.

But a strong and democratic leader figures out how to convince foes, not dictate orders. Hochul has a way to go on that score.