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Council staff opens the joint Finance and Housing & Buildings Committee hearing, asks attendees to silence electronics and not approach the dais.
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Oversight - Financial Tools for Maintaining the Affordability of Mitchell-Lama Housing
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Council staff opens the joint Finance and Housing & Buildings Committee hearing, asks attendees to silence electronics and not approach the dais.
Council Member Linda Lee, Finance Chair, welcomes members and agency partners from HPD and DOF, introduces the hearing topic on financial tools for maintaining Mitchell-Lama housing affordability.
Lee reviews the Council's prior steps: extending property tax exemptions, expanding benefits for buildings staying in the program, and the FY25 state budget reducing shelter rent tax from 10% to 5%.
Lee emphasizes the need for continued oversight with HPD and DOF to explore existing and potential new tools to support Mitchell-Lama viability without passing costs to tenants.
Council Member Pierina Sanchez describes physical and financial deterioration across Mitchell-Lama developments, hazardous conditions, rising rents, and demands HPD come with solutions rather than reactive responses.
Sanchez reviews the program's 1955 creation, 269 developments statewide, 170 in NYC, HPD's supervisory responsibilities including budget approval, rent increases, inspections, and public investment in preservation.
Sanchez cites 10% of remaining Mitchell-Lamas in financial distress, 37 developments with ~29% average rent increases in 2025, and a March 2026 state audit finding hazardous conditions and $2.3M in misspent funds.
Sanchez highlights Tracy Towers and Kingsbridge Arms in her district as examples of severe financial and physical distress, with over $1M in debt and inability to cover basic operating expenses.
Sanchez argues HPD oversight must mean proactive capital planning, adequate reserves, timely repairs, transparent accounting, and early detection of distress before residents reach a breaking point.
Sanchez thanks her committee and district staff, then returns the floor to Chair Lee, who also thanks staff and swears in witnesses.
Adam Phillips, HPD First Deputy Commissioner, introduces himself and colleagues Alika Amprey-Samuel and Julie Walpert, and begins describing the Mitchell-Lama program's role in NYC's affordable housing stock.
Phillips details approximately 90,000 Mitchell-Lama apartments in 134 NYC developments, split between city (HPD) and state (HCR) supervision, with two-thirds co-ops and one-third rentals, all privately owned and managed.
Phillips states the portfolio faces rising operating costs, significant capital improvement needs, and uneven rental/maintenance income, positioning these as challenges requiring a path to stabilization.
Phillells details skyrocketing insurance premiums, increasing utility costs, and rising staff salaries making it harder for Mitchell-Lamas to balance budgets or fund capital improvements.
Phillips notes much of the stock is 50-70 years old, with major systems at end of life, deferred capital, and decarbonization requirements leading to billions in estimated capital needs over the next decade.
Phillips explains Mitchell-Lamas follow a different process than rent-stabilized buildings, with HPD legally required to approve increases to cover costs, and that increases often make up for many years at once.
Phillips notes 37 developments saw average 29% increases in 2025, comparable to Tracy Towers' 30%, arguing Tracy is not exceptional and reflecting portfolio-wide challenges.
Phillips discusses SCRI/DRI enrollment efforts, the statutory cap on over-income surcharges preventing cross-subsidization, and the need for legislative action to raise the SCRI income cap locally.
Phillips highlights the administration's block-by-block housing plan dedicating hundreds of millions across FY27-28 for capital improvements in city-supervised Mitchell-Lamas, and a holistic portfolio-wide approach.
Phillips urges Council collaboration to enact the statewide SCRI income cap increase from $50K to $75K locally, and discusses HPD's housing supervision team working to contain operating costs.
Phillips describes Mitchell-Lamas exploring sale of parking lots and undeveloped land to fund trusts offsetting expenses, paying for climate upgrades and capital needs, and creating additional housing.
Phillips expresses confidence that with responsible stewardship and new investment, Mitchell-Lamas can serve New Yorkers for decades, and invites Council collaboration.
Sanchez presses HPD on whether its model is proactive or reactive, questioning why increases are presented as making up for many years at once if financials are reviewed regularly. Phillips explains the process of reviewing financials and planning for capital improvements.
Sanchez argues HPD should move toward gradual increases over time and asks how the agency understands its asset management role post-financing. Phillips describes monitoring during and after construction.
Sanchez asks about the Mayor's Management Report showing a five-year increase in high-risk rental and cooperative indicators. Phillips discusses working with owners on preservation outcomes.
Speaker Julie Menin thanks the chairs, references her June 25 letter to the administration about Tracy Towers' 30% rent increase, and frames the hearing as examining whether the city is using all available tools before asking tenants to bear costs.
Menin cites the state comptroller audit identifying chronic deterioration and financial oversight weaknesses, arguing preservation requires strong stewardship, transparent management, and strategic public investment.
Menin frames the hearing as balancing two responsibilities: preserving Mitchell-Lama financial viability while preserving the affordability that defines the program, and transitions to questioning.
Menin asks for a comprehensive list of city-run Mitchell-Lama developments and rent increases over 10 years. Phillips says they can provide it later; Menin insists it should be discussed on the record now.
Menin asks whether HPD has conducted a comprehensive financial review of all city-supervised Mitchell-Lamas and which developments face the most significant upcoming increases. Phillips says they regularly review financials but doesn't have specifics at hand.
Menin asks about HPD's oversight mechanisms to ensure management companies fulfill fiduciary responsibilities. Phillips describes working with private housing companies and overseeing property managers.
Menin asks what additional resources HPD plans to deploy to prevent similar increases. Phillips discusses SCRI income cap expansion, advocating for additional Section 8, and federal resources.
Menin asks how many developments have closed under the multifamily housing rehabilitation loan program and whether Tracy Towers has applied. Phillips reports 12 projects in the pipeline and Tracy Towers' two-phase closing timeline.
HPD staff read into the record a list of developments with pending or scheduled rent increases, including Washington Square Southeast, Sam Burt, Trinity House, First Atlantic Terminal, Jefferson Towers, Tracy Towers, Masrick Towers, Rupert House, and Lincoln-Amsterdam, with requested increase percentages.
Menin asks how HPD will help tenants across these developments. Phillips describes targeted SCRI outreach, and Julie Walpert provides statistics on 2025 increases: 37 developments, average 26% over multiple years, 25 with 20%+ increases.
Menin asks whether HPD requires owners to demonstrate they've exhausted all HPD/HDC refinancing options before approving increases. Phillips confirms HPD takes a holistic view of expenses, income, and existing debt.
Menin asks what financial tools HPD explored before the Tracy Towers increase. Phillips explains existing and new HPD capital, that residents don't pay for HPD debt service, and the shelter rent tax reduction helped.
Menin asks whether Mitchell-Lamas will be eligible for the $100M city-backed insurance program in the FY27 budget. Phillips confirms yes, and hopes it will lower premiums market-wide. Menin notes the Council's pending insurance accountability bill.
Phillips reads a list of Mitchell-Lama developments that have closed on HPD's multifamily housing rehabilitation loan program, including Riverbend, Ryerson Towers, Atlantic, Crown Gardens, Kings Bay, and others.
Sanchez asks how often Mitchell-Lamas conduct physical needs assessments. Phillips explains the integrated physical needs assessment (IPNA) requirement for projects entering HPD's pipeline, and Julie Walpert notes 48 IPNAs completed since 2020.
Sanchez asks for a roll-up of capital needs costs from the 48 IPNAs and how HPD monitors whether rent increases translate into improved conditions. Phillips describes monthly construction monitoring and HPD's oversight role.
Sanchez requests a breakdown of HPD violations within the Mitchell-Lama portfolio. Phillips says they can provide that information.
Lee asks about the 8,000 estimated eligible households for SCRI/DRI, how many are enrolled, and what outreach is conducted. Phillips reports 5,500 on Section 8 and 6,000 on SCRI, and Julie Walpert describes constituent service coordinators' outreach.
Lee asks whether HPD partners with nonprofits and how many languages are offered for SCRI outreach. Walpert says they use a language line and seek community partnerships. Lee encourages culturally competent nonprofit partnerships.
Lee asks the primary reason eligible households don't enroll. Walpert says reasons vary widely, from income issues to household composition, and emphasizes continuous engagement.
Lee asks about coordination with DOF. Phillips says HPD fully administers SCRI for Mitchell-Lamas with minimal DOF overlap, though Walpert notes DRI applications are completed by DOF and they coordinate workshops.
Lee asks how many Mitchell-Lama developments will reach the 5% shelter rent tax cap and how many will have lower liability. Phillips confirms all have moved to 5% and mentions J51 reauthorization as another tool.
Lee asks about delinquencies on shelter rent tax and water bills. A DOF representative reports approximately $47.5 million in arrears for property tax and charges. Lee asks about HPD engagement with DEP on water costs.
Lee asks how HPD monitors delinquencies and what happens when a property is delinquent. Phillips describes reviewing financials, engaging housing companies on balanced budgets, and using it as a jumping-off point for capital work.
Lee asks whether any building will be charged less than 5% of shelter rent. Phillips confirms every Mitchell-Lama is now paying 5% shelter rent tax. Lee asks about comparing exemption values against the cap.
Lee asks about Local Law 97 penalty exemptions for Mitchell-Lamas. Phillips says they're exempt through 2035. Lee asks about post-2035 increases; Phillips says they'll provide that information.
Lee asks whether HPD provides expense funding for non-capital repairs or operating support. Phillips says no, HPD only provides city capital for capital-eligible rehab items, and advocates for more Section 8.
Lee asks about changes to capital spending since the preliminary budget and how much has been utilized for Mitchell-Lama preservation in FY25-26. Phillips reports the total preservation budget for FY27 is $1.32 billion.
Lee asks about capital commitment rate changes over 10 years and how much of the five-year capital plan is budgeted for Mitchell-Lama preservation. Phillips says commitments have increased and they don't break out Mitchell-Lama separately.
Lee asks whether the percentage of Mitchell-Lama units is similar year over year. Phillips says they've seen increases in Mitchell-Lamas coming to HPD, driven by aging stock and more forceful HPD encouragement to pursue preservation.
Dinowitz thanks HPD for visiting Tracy Towers, asks whether HPD is in compliance with Local Law 44 pre-filled SCRI applications, and disputes HPD's claim of full compliance given his office has had to assist many applicants.
Dinowitz asks whether HPD has ever rejected or modified a proposed rent increase, or if it serves as a rubber stamp. Phillips says HPD has modified increases by finding ways to lower expenses.
Dinowitz highlights Tracy Towers' security costs jumping from $1.8M to $2.8M, a nearly 50% increase, and asks whether HPD reviewed financials before proposing the 31% rent increase. Phillips says the increase hasn't gone into effect and they're reviewing expenses further.
Dinowitz criticizes the 4 PM hearing time for Tracy Towers as inaccessible to working residents, and presses Phillips on whether HPD reviewed financials before the public hearing. Phillips confirms ongoing review.
Dinowitz details Tracy Towers' $40.7M loan from 1971 accruing $106.2M in interest by 2012, and asks HPD to clarify the debt history. Julie Walpert explains a withdrawn federal subsidy led to the interest accrual, and HPD/HDC deferred payments to protect tenants.
Hudson asks what accountability measures ensure loans and grants are used effectively and produce measurable improvements. Phillips describes the IPNA, architect/contractor process, and monthly HPD/lender construction monitoring.
Hudson says she'll follow up on Tivoli Towers' ongoing construction issues, and asks what HPD offers households that don't qualify for SCRI/DRI but can't afford increases. Phillips says Section 8 vouchers would be ideal but they're in shortfall.
Riley asks how much money is specifically dedicated to city-supervised Mitchell-Lamas and how developments are selected. Phillips says they don't break out the budget separately and describes the development pipeline process.
Riley asks HPD to commit to providing a development-by-development capital needs assessment, and asks what protections ensure residents are involved before land is sold or developed. Phillips says co-op boards drive the process; Alika Amprey-Samuel emphasizes creative revenue tools.
Riley argues that if 30% increases are common across the portfolio, it demonstrates a systemic failure. Phillips agrees and points to J51 reauthorization and collaborative tools as solutions.
Banks cites the state comptroller audit identifying mold, pests, and infrastructure deficiencies, and asks what specific investments the city has made and how HPD measures effectiveness. Phillips describes the preservation pipeline and addressing hazardous conditions first.
Banks asks who bears responsibility when deficiencies persist for years—management, boards, contractors, or HPD. Phillips describes HPD's oversight authority and providing technical assistance, noting differences between co-ops and rentals.
Banks asks whether HPD views parking lot sales as innovative preservation tools or signs of deeper financial distress. Phillips calls it a massive opportunity and innovative revenue source. Alika Amprey-Samuel emphasizes collaboration.
Banks asks about HPD's oversight before Linden Plaza's rehabilitation and how conditions deteriorated so far, and calls for accountability for the management company that ran it into the ground. Phillips says Linden Plaza's outcome is positive. Alika notes HPD visited both Tracy Towers and Linden Plaza for lessons learned.
Justin Sanchez asks what tools HPD has to intervene at the management level when a single manager shows patterns of neglect across multiple buildings. Phillips describes bringing in property management firms for deeper reviews and mentions AEP and 7A programs.
Sanchez asks whether HPD can remove or disqualify a managing agent from Mitchell-Lama developments and what triggers that. Phillips confirms HPD has the authority to work with housing companies to find new management. Alika notes management companies are leaving the portfolio.
Sanchez asks how frequently HPD audits Mitchell-Lama books and raises concerns about a development with over $1M in shareholder arrears, asking whether rent increases become self-defeating. Phillips describes annual financial statement requirements and the limited operating subsidy tools available.
Farías delivers opening remarks about Jamie Towers in her district, citing systemic failures in oversight and management, and introduces Reso 83 urging stronger state protections for Mitchell-Lama residents.
Farías asks whether the administration has planned new reporting and monitoring safeguards to prevent situations like Jamie Towers. Phillips discusses J51, SCRI income cap expansion, and Section 8 advocacy.
Farías presses on the lack of manageable transition time for families facing steep increases, noting 30-day notice is insufficient. Phillips says HPD tries to stagger increases but the Tracy Towers increase hasn't taken effect yet.
Farías asks whether HPD is required to help close out projects stalled by lack of project managers, citing Jamie Towers' $8M in allocated capital stuck for three budget cycles without a project manager. Phillips says they're staffing up the preservation finance team.
Farías asks whether HPD has a central tracker and how Mitchell-Lamas are prioritized in closings. Phillips describes an internal tracker and says prioritization depends on project readiness. Farías notes Jamie Towers has financing in place but no project manager assigned.
Aldebol asks about HPD oversight to ensure allocated funds are used appropriately and projects move faster, noting costs escalate with delays. Phillips says the referenced project is in the pipeline and new project managers will help move things along.
Aldebol asks about HPD partnerships with Department for the Aging and senior organizations for SCRI outreach, given many Mitchell-Lamas are naturally occurring retirement communities. Alika describes 25 SCRI outreach workshops in the past year and willingness to partner with community organizations.
Aldebol discusses a Mitchell-Lama co-op that received a huge increase after 10 years of none, and argues for regular gradual increases instead of waiting. Phillips agrees HPD would welcome regular increases and notes co-op boards often resist raising maintenance.
Brewer raises concerns about Mitchell-Lama conversions to HDFC, asks about Clinton Towers' construction problems, and calls for a roundtable with state and city stakeholders. Phillips says no current conversions are underway and offers to host a roundtable.
Brewer asks about 110 West End Avenue's large increase and how HPD is addressing the state comptroller audit findings. Phillips explains Lincoln-Amsterdam hasn't had an increase in 25 years and needs to pay bills, and says HPD has prepared responses and met with the comptroller.
Wong asks whether Article 5 redevelopment co-ops like Penn South are eligible for HPD capital funds, noting they believed they were excluded. Phillips confirms they are eligible to apply through HPD's preservation pipeline.
Epstein asks why HPD waits for Mitchell-Lamas to request increases rather than proactively recommending small annual increases. Phillips says HPD does make recommendations but co-op boards often resist. Epstein urges HPD to collaborate with council members to encourage boards.
Epstein asks about getting shelter rent tax to zero and whether HPD will advocate for it. Phillips points to J51 as the best tool to get close to zero. Epstein asks about forgivable loans; Phillips says they're structured as deferring and accruing with a balloon.
Epstein asks why HPD doesn't match council members' Reso A capital dollars and why not offer forgivable loans. Phillips says HPD usually puts in far more than matching amounts and the loans defer and accrue. Epstein raises it as a roundtable topic.
Epstein asks how HPD balances the need for more affordable housing with preserving Mitchell-Lama land value. Phillips says it will be case-by-case, looking at available land and capital needs in collaboration with the council and co-op boards.
Sanchez asks what indicators HPD receives regularly beyond financial statements and how they assess risk. Phillips cites financials, vacancy reports, outstanding payables, and online violation profiles as key indicators.
Sanchez asks what HPD offers co-ops struggling with shareholders in arrears and governance issues. Alika describes training and technical assistance for boards, and notes HPD has requested additional resources for capacity building.
Sanchez asks about legal support resources for co-ops and raises concerns about a Mitchell-Lama placed in the Alternative Enforcement Program. Phillips says HPD doesn't offer legal resources but can connect to nonprofits, and says AEP signals a need for preservation intervention.
Sanchez asks whether HPD has an accounting of how much increases are due to capital vs. operating costs. Phillips says it's almost always operating expenses, as HPD structures debt so residents don't pay principal/interest. Sanchez asks what happens to the balloon; Phillips says it's refinanced with extended affordability.
Dinowitz asks HPD to explain how the debt works at Tracy Towers, noting the original $40M loan grew with $106M in interest and was refinanced to $147M. Phillips explains the difference between HDC's first mortgage requiring payments and HPD's deferred subsidy.
Dinowitz details a 2016 loan for elevator, boiler, and roof repairs at Tracy Towers where work was apparently not completed, and asks what oversight HPD conducts. Phillips describes monthly construction monitoring by HDC and HPD, and distinguishes between repair and replacement scopes.
Dinowitz asks about the $36M capital plan for Tracy Towers, when work begins, and what HPD can do to expedite permits. Phillips says work should start in the next couple months and HPD communicates with DOB to expedite. Dinowitz urges faster action given shed costs.
Dinowitz clarifies that the $40M HPD put into Tracy Towers is a loan, not a grant, and expresses concern that residents were told it was an investment. Phillips confirms it's a loan with no principal/interest payments due, deferring and accruing to the end of the term.
Dinowitz asks what mechanisms HPD has to hold contractors accountable after work is completed, citing Tracy Towers' history of repairs that didn't last. Phillips describes monthly monitoring during construction and warranty periods. Alika notes HPD teams remain available post-construction.
Sanchez relays questions from a constituent via Council Member Banks about vacant units past 90-day windows and whether HPD audits after phase one of a three-phase increase. Phillips says HPD monitors whether future increases are needed and wants vacant units brought up to code.
Sanchez asks how many Mitchell-Lamas have been lost from the program. Phillips says 65 city-supervised developments have exited. Sanchez confirms that's when the loan balloon comes due—when a Mitchell-Lama wants to exit the program.
Chairs Sanchez and Lee thank HPD for their testimony and encourage agency staff to stay for public testimony. Lee reviews public testimony rules including two-minute limits and written submission procedures.
Hill describes chronic elevator breakdowns, flooding from 52-year-old plumbing, substandard repairs, lack of security cameras, and 60% of residents not qualifying for subsidies. She criticizes HPD for approving work that doesn't last and demanding money without delivering service.
Yeager advocates for including all limited equity housing in policy discussions, recommends a task force with council, HPD, DOB, and co-op boards to reduce city-mandated compliance costs, and highlights co-ops' community contributions including NORC programs.
Stroman raises concerns about the bidding process favoring the same vendors, excessive change orders increasing costs, and calls for a tenant committee to address issues across co-ops citywide.
Foreman describes HIT's $2.2B investment in NYC affordable housing since 9-11, including $569M in Mitchell-Lamas, applauds city capital commitments, and calls for thinking big about preservation with union jobs.
Brody describes Clayton Apartments' $15,000/month deficit, $700K insurance costs, and $25M+ in needed repairs, arguing Mitchell-Lamas should be treated as infrastructure receiving capital grants rather than loans that add to debt.
Schallenberg details $250K+ spent on Legionella remediation with no reimbursement, $697K annual insurance, poor approved management companies including one indicted for theft, and lack of revenue-generating assets compared to other Mitchell-Lamas.
Peters, a former Wall Street bank data professional, discusses how private banks create money through lending and argues the government should study this system's impact on city finances and affordability.
Dinowitz asks Schallenberg about insurance costs per unit. Schallenberg calculates $4,300/unit. Dinowitz compares this to Tracy Towers' $4,600/unit and notes ANHD's estimate of $1,770/unit for affordable housing, calling for HPD to negotiate better rates.
Heitler proposes scrapping the three-year rent increase system in favor of annual increases, faster loan processing, a small loan program for discrete repairs, mortgages for new purchasers, ending 2-to-11 conversions, and giving Mitchell-Lama rentals the option to convert to co-ops.
Heitler details how a three-year delay in closing on a capital improvement loan cost Village East Towers over $500,000 in additional pipe repairs, water tank replacement, and sidewalk shed costs, arguing delays are financially devastating.
Toro, a disabled retired Tracy Towers resident, explains he can't qualify for SNAP/SCRI due to his wife's income, fears losing his apartment, and argues HPD is a band-aid for a systemic problem requiring structural solutions.
Moskowitz testifies about Gouverneur Gardens' $54M capital project and 70% low-income residents, recommending multi-year budget projections, simplified zero-sum budgeting, earlier owner's rep hiring, and tracking of vacancy and arrears as distress indicators.
Hall describes Rochdale Village's 25,000 residents facing a 31.2% carrying charge increase, aging infrastructure, and escalating costs. She recommends expanding city capital programs to state-supervised Mitchell-Lamas and creating a dedicated Mitchell-Lama capital fund.
Chair Lee confirms no further public testimony on Zoom or in person, reminds attendees of the 72-hour written testimony submission window, thanks the administration and public, and adjourns the hearing.