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421-a tax break promotes development of large rental buildings, at expense of condos

Future development

Future development

Nov. 14, 2016 By Hannah Wulkan

The incentive for Long Island City developers to build large-scale rental complexes—as opposed to condo projects—is about to grow once again with the likely reinstatement of the 421-a tax exemption, according to a local real estate agent.

The 421-a program, which gives certain residential developments long-term relief from property taxes, expired in January, but a new agreement between the Building and Construction Trades Council of Greater New York (BCTC) and the Real Estate Board of New York (REBNY) promises to bring new life to the program.

The new guidelines would give developers a 35-year exemption on property taxes, with several stipulations. The new program will be available for developers of residential buildings with 300 or more units, requiring them to pay a minimum wage of $45 per hour with benefits for qualifying projects in Queens. However a developer can sidestep the salary requirement if more than 50 percent of the units are earmarked as affordable housing.

The plan also notes that any affordable units will be required to remain affordable for at least 40 years. Once the deal is officially signed, the State Legislature will likely release $2 billion in state affordable housing funds.

Eric Benaim, the founder of Modern Spaces Real Estate based in Long Island City, said that the new guidelines would likely drive up the price of large properties that could hold over 300 units, but would discourage developers from building smaller projects or condominium buildings.

“I wish they would have included smaller buildings,” Benaim said. “I totally get why someone buying a $10 or $20 or $30 million apartment, shouldn’t get tax abatement, but someone buying their first studio or a young family buying a two bedroom, they’re the type of people who should benefit from the tax abatement.”

Benaim said that the new plan could have other consequences as well. Developers with smaller sites would likely try to merge several together to reach the 300-unit mark, or if the property is only slightly too small, it could encourage developers to adjust their plans and build smaller units so they could fit 300 apartments in, despite a smaller square footage, he said.

Eric Benaim

Eric Benaim

He also posited that the new 421-a deal may encourage those already developing smaller scale rental sites to change business plans to develop condos, as it will be hard to compete with the prices that large developments build under the new program could offer.

While Benaim said that he didn’t expect the new 421-a program to create an additional boom in development in the area, he did foresee several projects that were shelved when the old 421-a program ended going back in to development, including several along the Astoria waterfront.

The 421-a program has been around in some form since the 1970s, initially encouraging development during a fiscal crisis, and later encouraging the development of affordable housing.

The new iteration was agreed upon by the BCTC and REBNY last Thursday, and was announced in a joint statement.

“The agreement, which was overwhelmingly approved by the Executive Board of the BCTC, will preserve traditional worker standards and benefits and create opportunities for new categories of workers which will ensure our long-term competiveness in the industry,” said BCTC president Gary LaBarbera in a statement.

“We are pleased to have reached an agreement that will permit the production of new rental housing in New York City, including a substantial share of affordable units, while also ensuring good wages for construction workers,” added REBNY chair Rob Speyer.

Governor Andrew Cuomo encouraged the negotiations, and is trying to convene a special session in the coming weeks for state lawmakers to sign 421-a back in to the books.

“The deal reached today between these parties provides more affordability for tenants and fairer wages for workers than under the original proposal. While I would prefer even more affordability in the 421-a program, this agreement marks a major step forward for New Yorkers,” Cuomo said in a statement on Thursday. “The agreement extends affordability for projects created with 421-a for an additional five years – bringing affordability for these units to 40 years. It also allows lower-income individuals to qualify as it lowers the percentage of area median income needed to apply.”

“I urge the Legislature to come back to Albany to pass desperately needed affordable housing and to sign the MOU to release these funds. We simply cannot allow the lack of resolution to stall affordable housing production for years to come. There is no excuse not to act,” Cuomo added.

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I said LIC could have used “SOME” development, not the overkill and no stores you have now. We are on pace for an unnecessary 61 hotels here, many will turn into homeless shelters down the road. Jackson Ave used to have many small businesses on it, not anymore.I guess you weren’t around then. LIC sucks now. OVER DEVELOPED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! AND OVERCROWDED.



LIC is neither over developed nor over crowded. You’re just bitter that it’s not your underdeveloped paradise anymore. Time to get over it and move on slugger.


The reason business and factories moved away was the cheaper labor in Mexico and other countries and the rents and business climate in NYC driving them away. Sure there could have been some development, not he overkill development and High rents you have now that ruined LIC.


yes… clearly a neighborhood where everyone was moving out except for a few hold outs was “ruined” by turning it into a place where people want to live.

all of the new restaurants, bars, park land and culture brought to the neighborhood that was once known merely as the place you passed through on the way to the Queensboro Bridge is clearly the neighborhood being “ruined.”

i get it – you liked your little town that nobody cared about. but christ’s sake man – you were one stop from Manhattan. Did you really think the neighborhood would remain your private underdeveloped strip of land forever?

if anything this city needs more houses and more development to keep up with demand – not less.


if anything LIC was underdeveloped before, and is on it’s way to being properly developed. The infrastructure needs to be improved to match this uptick, no doubt. But a neighborhood one stop from midtown Manhattan should be more than abandoned warehouses and taxi depots, and now it is.

Drumpf Lover

Another example of how politicians don’t give a flying f*ck about the 99%. This iteration of the plan greatly benefits the deep pocketed developers as well as the large labor unions.


What are they not telling us. Are their any LOOPHOLES?LIC is overdeveloped already. Transit over burdened and streets are getting crowded. Rents too high for averaage working people and small business to thrive. Where are the stores???


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