RENT REGULATION IN NEW YORK CITY: A Briefing Book =============================================================== Chapter Two RENT REGULATED TENANTS & LANDLORDS: WHO ARE THEY? When examining the merits of the rent regulation system, it is necessary to discuss available information about the people affected by the policies: tenants and landlords. Because there is a substantial shortage of information regarding landlords in New York City -- and because this document comes from a tenant perspective -- the tenant portion of this analysis is more detailed. THE TENANTS All kinds of New Yorkers live in rent regulated housing: residents of all the boroughs and people of all races, ethnic backgrounds, ages, and income levels. Where Rent Regulated Tenants Live. Consider the location of rent regulated apartments in New York. A common misconception about rent regulation is that it only serves Manhattan. Table 3 illustrates the distribution of occupied rental apartments throughout the five boroughs. ----------------------------------------------------------------- Table 3 Rent Regulated Apartments as a percentage of Rental Apartments by Borough New York City, 1991 Bronx Brooklyn Manhattan Queens S.I. Rent 12,379 34,292 52,275 24,672 794 Controlled 3.70% 5.70% 9.20% 6.20% 1.50% Rent 175,538 259,238 355,769 172,499 8,031 Stabilized 53.00% 43.10% 62.60% 43.20% 16.00% All 143,722 308,611 160,216 202,096 41,444 Other* 43.30% 51.30% 28.20% 50.60% 82.50% Total Rental 331,639 602,141 568,260 399,268 50,269 Apartments 100.00% 100.00% 100.00% 100.00% 100.00% Source: NYC HVS 1991, Series IA, Table 14 * The unit of analysis "All Other" includes public, Mitchell Lama, in rem, HUD federally subsidized, Loft Board regulated and unregulated housing. ----------------------------------------------------------------- Fifty-six percent of all rental housing in New York City is rent regulated. As indicated by Table 3, Brooklyn, the Bronx, and Queens roughly mirror this citywide trend with about half of their units falling under regulation. Manhattan has almost 20 percent more rent regulated housing than the citywide average, and Staten Island has more than 30 percent less. While there is a greater concentration of regulated apartments in Manhattan, it is important to note the significant portion of rent regulated apartments in the other boroughs. Race and Ethnicity of Rent Regulated Tenants. A commonly held myth about rent regulation is that it only serves the white residents of New York City. In actuality, rent regulation serves tenants whose race and ethnicity roughly mirrors that of New Yorkers as a whole [Table 4]. ----------------------------------------------------------------- Table 4 Race and Ethnicity of Rent Regulated Tenants Compared with Race And Ethnicity of NYC Renter Population Percentage Percentage Rent Regulated Renter Race/Ethnicity Population Population White, Non Hispanic 49.20% 43.20% Black/African-American, Non Hispanic 18.40% 24.90% Puerto Rican 11.00% 12.90% Other Spanish/Hispanic 14.40% 12.20% Asian or Pacific Islander 5.40% 5.30% American Indian, Aleut, or Eskimo 0.20% 0.20% Other 1.40% 1.40% Source: 1991 NYC HVS Tabulation Package, Table 4 Note: Categories used are those of the Census Bureau. ----------------------------------------------------------------- Half of all rent regulated tenants are people of color and/or Spanish-speaking New Yorkers, and the rest are white. This demographic breakdown indicates that rent regulation is serving the whole city, not just one ethnic group. Whites make up a high percentage (75.4) of tenants in rent controlled apartments. This fact is largely due to the phasing out of rent control by vacancy decontrol. For a unit to be rent controlled, it must have been occupied by the same or a succeeding tenant since 1971. According to Census figures for New York City in 1970, 64.6 percent of the tenant population was white.(1) The race/ethnicity of rent controlled tenants today reflects this larger representation of whites in the population as a whole when decontrol was enacted. Age of Rent Regulated Tenants. Another factor to consider when painting a picture of rent regulated tenants is age. The median age of renters in New York City varies greatly by control status. While the median age of all renter householders in New York City is 42 years and the median age of stabilized renters is a comparable 41 years, the median age of rent controlled householders is much higher, at 70 years. Some 61 percent of all householders in rent controlled apartments are 65 or older, while only 14.7 percent of all stabilized householders are in that age bracket. Thus, rent control serves an aging population that greatly benefits from the protection it provides. Rent stabilized tenants are younger on average and more closely approximate the median age of the renter population in general. The presence of children in rent regulated households is also worth noting. Of the 971,076 stabilized apartments in New York, 30.3 percent house children under 18, compared to only 8 percent of the 124,411 rent controlled households. Children are more likely to be found in other, unregulated types of housing than in regulated housing. Of the city's 598,652 unregulated dwellings, 240,649 (40.7 percent) house children under 18. ----------------------------------------------------------------- Table 5 Household Incomes by Rental Status New York City, 1990 Income Controlled Stabilized Other* Less than $9,999 39.40% 26.60% 24.60% $10,000-19,999 23.30% 19.80% 17.90% $20,000-29,999 13.40% 16.70% 17.20% $30,000-39,999 6.40% 12.80% 12.90% $40,000-49,999 7.80% 7.90% 10.60% $50,000-59,999 4.40% 5.00% 6.00% $60,000-69,999 2.00% 3.20% 3.60% $70,000-79,999 1.20% 2.30% 2.70% $80,000-89,999 1.60% 1.50% 1.60% $90,000-99,999 1.00% 0.90% 1.00% $100,000 and more 0.40% 3.30% 2.00% Source: NYC HVS Series IA, Table 9 * The unit of analysis "Other" refers to in-rem, HUD federally subsidized, Article 4, Loft Board regulated and unregulated housing. ----------------------------------------------------------------- Incomes of Rent Regulated Tenants. Households of all income levels occupy rent regulated housing [Table 5]. As indicated by the data, 62.7 percent of rent controlled households and 46.4 percent of rent stabilized households earn less than $20,000 per year. Note that the relationship is progressive: i.e., the lowest-income categories show the greatest percentages of tenants served by regulation. Despite studies purporting to demonstrate otherwise, low-income tenants are the major beneficiaries of rent regulation. Another way to measure income levels of regulated tenants is to compare median incomes of tenants in different types of housing [Table 6]. The data show that rent controlled tenants have significantly lower incomes than other tenants-with the exception of tenants in public housing. Rent stabilized tenants have a median income slightly higher than that of the total rental universe but lower than that of tenants in other housing. ----------------------------------------------------------------- Table 6 Median Incomes of Renter Household by Control Status New York City, 1990* Public Mitchell Total Housing Controlled Stabilized Lama Other** Rental $8,088 $12,075 $21,000 $23,000 $24,000 $20,000 Source: 1991 NYC HVS * Data were collected at the time of HVS enumeration in 1991; income data reflect earnings for previous year, 1990. ** The unit of analysis "Other" refers to in-rem, HUD federally subsidized, Article 4, Loft Board regulated, and unregulated housing. ----------------------------------------------------------------- According to a recent report by the Community Service Society, poverty is on the rise in New York. "The poor population of New York City increased from 1.4 million in 1979 to 1.8 million in 1990."(2) In addition: "From 1979 to 1990 the poverty rate... grew from 20.0 percent to 25.2 percent."(3) Given this increase, it makes sense to examine the extent to which rent regulations are serving the poorest households [Table 7]. The indicators of poverty used are receipt of public assistance and the federal poverty level. Two findings are illustrated by the data. First, an increased number of tenants -- including households in all control statuses of housing -- have fallen into poverty since 1987. Second, significant numbers of households receiving public assistance and households below the poverty level are protected by rent regulations. Almost 25 percent of rent stabilized households have incomes below the federal poverty level. The number of rent controlled households similarly affected is slightly lower (23 percent). ----------------------------------------------------------------- Table 7 Renter Households Receiving Public Assistance and with Incomes Below Poverty Level New York City, 1991 Households Receiving Households with Incomes Control Status Public Assistance Below Poverty Level 1987 1991 1987 1991 Rent Controlled 5.0% 9.3% 24.1% 23.4% 7,055 10,395 27,311 20,684 Rent Stabilized 12.9% 18.2% 21.5% 24.3% 104,438 157,818 142,419 177,339 Mitchell Lama 6.8% 13.6% 21.0% 17.7% 3,094 9,701 7,951 9,973 Public Housing 27.7% 47.0% 45.7% 55.7% 42,346 77,772 58,972 77,335 Other* 12.8% 12.3% 23.1% 17.3% 34,333 56,573 48,525 65,184 Total Rental 13.2% 18.6% 24.0% 25.2% 218,739 312,254 321,759 350,515 Source: 1991 NYC HVS Note: This table was produced using computerized data. * The unit of analysis "Other" refers to in rem, HUD federally subsidized, Article 4, Loft Board regulated and unregulated housing. ----------------------------------------------------------------- THE LANDLORDS Exactly who New York City's landlords are remains unclear due to a lack of available data. Given this information gap, no breakdown of demographics -- and certainly no profile of landlord incomes -- can be made. The information that is available, though piecemeal, raises two important considerations. Concentration of Ownership. First, both the 1987 HVS and a study financed by the real estate lobby found a significant concentration of ownership of New York City rental properties. According to a study conducted in 1985 for the Rent Stabilization Association, 71 percent of New York City's rental apartments were owned by only 12 percent of landlords. These landlords owned an average of 238 apartments each. The remaining 88 percent of landlords owned the remaining 29 percent of the rental stock, each operating significantly smaller holdings.(4) Although this study is seven years old, it is unlikely that the real estate industry has become less concentrated given recent economic trends. There are two ways to view these data. On the one hand, it is fair to say that most owners of rental property are small landlords. It is also fair to say, however, that the vast majority of tenants in New York City live in apartments owned by large landlords. While there are hundreds of "Mom and Pop" owners, a small number of owners own a large number of the city's apartments and yield large profits. For example, the largest owner of rent regulated apartments in New York is Samuel Lefrak. According to an April 29, 1990 interview in the Daily News Magazine, Mr. Lefrak owns "some 94,000 units at an average [rent] of $850 a month." Thus, in 1990 his gross monthly rental income was in the neighborhood of $80 million. Moreover, if his property portfolio is multiplied by the median renter household size for 1991 (two people), it becomes clear that Mr. Lefrak is landlord to about 188,000 people -- or 3.9 percent of the renter population in New York City. Clearly, Mr. Lefrak operates his real estate business differently than a smaller owner might, which leads to the next consideration. Financial Objectives. The financial objectives of landlords vary greatly. Some seek long-term tenants and desire stable, long-term, relatively low profits. Others may seek high levels of cash income over the short term and encourage rapid turnover in their apartments to gain rent increases through vacancy allowances. Regarding ownership objectives, Kenneth Baar makes the following observation. "Some research has indicated that there is a 'dual economy' in the rental housing business. One part of this economy is operated by local owner occupants or neighborhood residents. These owners borrow as little as possible, perform their own maintenance, derive substantial satisfaction from the interpersonal gratification associated with providing reasonably priced housing, and tend to be satisfied with relatively low rates of return. Such ownership patterns are most widespread in areas where buildings are small and property values are stable. The other part of the dual economy consists of 'professional' investors or 'profit maximizers.' These investors tend to make rent setting and maintenance decisions on the basis of short term housing strategies. They are most active in markets where property values are undergoing rapid fluctuation".(5) These varying financial objectives greatly affect the quality of the housing that different landlords provide to tenants. Notes to Chapter 2 1. Sternlieb, George with James W. Hughes, 1973, Housing and People in New York City, New York City: Housing and Development Administration, Department of Rent and Housing Maintenance, pg. 171. 2. Rosenberg, Terry J., Ph.D., 1992, Poverty in New York City, 1991: A Research Bulletin, New York, Community Service Society, pg. x. 3. Ibid, pg. xi. 4. Arthur D. Little, Inc., 1985, The Owners of New York's Rental Housing: A Profile, Reference 53219. Report to Rent Stabilization Association of New York, Inc. From the original release of this report, not the second. revised version. In response to a critique of the report by the New York State Tenant and Neighborhood Coalition, Arthur D. Little revised a table in such a way as to make it impossible to extract information about ownership concentration and reissued the report. 5. Baar, Kenneth K., "Guidelines for Drafting Rent Control Laws: Lessons of a Decade," Rutgers Law Review, Vol. 35. No. 4, Summer 1983, pg. 734.