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WPCNR THE DEVELOPER NEWS. By John F. Bailey. August 7, 2008 UPDATED 9 PM EDT: City Hall explained today that the LCOR $50.5 Million tax abatement the Council is going to consider giving LCOR Friday morning as the compensation for the $27 Million cost of building 107 affordable housing units, saying the abatement gives LCOR a return over 24 years equivalent what they could earn on the money if they invested that $27 Million sum elsewhere today over 24 years. A councilman tonight predicted the council would move to approve Friday morning at the 8 AM meeting.
Meanwhile, unlike City Hall which was sent questions by WPCNR, five of six councilpersons did not answer or respond to WPCNR e-mails sent at midday, querying whether they felt they had enough information to make the decision, whether they would vote Friday morning, and whether the contract they were voting on would reflect the numbers exactly as described in the financials. Glen Hockley, the only councilperson who did, expects swift passage of the PILOT agreement

Councilman Glen Hockley at Common Council last Monday evening when “financials” were Introduced.
Councilman Glen Hockley told WPCNR tonight he expected the council would pass the LDA agreement tomorrow morning because “we need the $5 Million,” and said he’d be voting for it because the affordable housing was needed, and the developer had come up with a workable solution to a bad market situation, and in his opinion was not using the $5 Million payment as leverage.
“It’s one of the incentives to have this development take place (the $ 5 Million payment).”
Hockley said he had concerns about the project moving forward: “Number 1 the parking. I think there’s some concerns about the 13 story parking lot and that’s going to be scaled back a bit. It can’t be built that high. I’ve heard enough from the neighborhoods to say they don’t want to be walled in that way. The parking is needed. A 13-story garage is not needed. The rest of the project is certainly necessary, lower income housing is involved. The city’s portion of the money is needed…plus the jobs that come from it.”
Asked if LCOR had given the city any reason why they did not pay the $5 Million on time, Hockley said, “I think they didn’t have the money available at that time. They did not get the financing they needed.They looked to push it (the $5 Million payment) off.”

Commissioner of Planning, Susan Habel — at the Council meeting last Monday night.
The $50.5 million in tax abatement, the Commissioner of Planning Susan Habel explained, is the equivalent of a 4.5 % return on the $27 Million to build the affordable units, at present value over the 24 years, on an inflation rate of 4.2% for each of those years.
The bottom line remains the same: the city, school and county do not collect $50.5 Million in gradually inflated dollars over 24 years, although the city school and county do collect $27 Million, $52 Million and $16 Million respectively over the 24 year journey to full tax payments.
Paul Wood, City Executive Officer, pointed out the city will be receiving taxes on the land for the project, which previously had not been earning any tax dollars, with the land generating $28.8 Million in taxes. Mr. Wood also clarified that the 6.6% increase in the tax rate per year was based on the assump that the county, city and school district tax rates per $1,000 (currently $1.29, $1.47, and $5.03 respectively) of assessed value would increase 6.6% on average.
Ms. Habel said part of the tax model for figuring the taxes on the as-yet undesigned 55 Bank Street two phase project was $4,100 a unit based on the $4,200 a unit now being paid in taxes by Avalon on Church and Barker now in the final stages of completion, which by WPCNR calculations works out to $2,251,200 in full taxes for the two phases at this time if they were completed.
The full tax payment when 55 Bank Street Phase I and Phase II properties are completed by 2033 is $9.3 Million a year according to the PILOT agreement. She said the tax rate increase was figured as 6.6% a year.
Not more, just more units explanation for Abatement
The Commissioner of Planning noted that WPCNR’s observation that the Phase I Phase II “new deal” was more than the previous abatement on the same number units was mistaken because the previous project numbers were computed using a number of units assuming only 75 units of affordable housing which computed to $42.8 Million in revenue.
Asked why the 107 unit 24 year project which has been in the works since May of 2007 would use as its basis a 75 unit, 18 year projection, Ms. Habel explained that at the time the city and LCOR were attempting to figure how many affordable units could fit on the site and they were trying various combinations. Habel also said the construction cost of affordable units had risen.
Ms. Habel questioned WPCNR’s computation that the new units were costing $421,000 a unit to construct taking into account the cost of the abatement. WPCNR pointed out that if you go on the cost of the abatement of $50,000 that’s what it costs the city. Ms. Habel said that was not the way to look at it, explaining:
She pointed out that the Kensico Terrace project is paying $264 a unit (42) in taxes today and the Hortons Mill project was paying a $536 a unit (17 units) in taxes today.
She recalled “Analysis was based on 75 units, we were going back over different deals, what would the deal be, what number would we work with, so we worked on 75 (affordable units). It wasn’t 107 unit approved until the LDA (Land Distribution Agreement) was approved by the Council in June. It was not fixed (at 107). I made the assumptions based on working with LCOR and we did 75. We weren’t sure how many we were talking because we didn’t know how many units we could fit on the site. So we had a theoretical number which thought we would get to and we ultimately did get to. The council was happy, they wanted more affordable units. 75 was 20% the number we could make work on the site at the time 375 units. At that time we were talking bigger office on the site. A lot of things were being thrown around.”
She noted the reason for the $50 Million tax abatement:
“They (LCOR) have to build the units with current dollars. The benefit they get is over 24 years. They are not getting the benefit of the cost of what they put into this until way out in the future. Do you know what a dollar is worth 24 years from now? About 7 or 8 cents. What we have to do is a net present value of that stream of tax relief that they get in the future. We did it on the 4.5, anticipated annual inflation a year over a 24 year period. That was determined a year ago.
“What could they do? If they invested that money in a reasonable return on a real estate investment which would be 4.5. Over 50 years they would earn $50 Million dollars. So you discount the abatement back. That’s what the 80-20 program is all about. It’s saying, they’re building all these affordable units what does it cost them and how do we encourage them to do this to accept this cost that will never give them a positive return because they’re rent restricted. You give them an abatement allowing them to get a return on that investment over a long period of time. They don’t get a full return until 24 years out. It has a value to them as if we wrote a check to them for $27 Million now.
Why are they willing to wait to get a return? I know dollars are going to be hugely more expensive. They want to know when they go to a lender, and he says My God you’re throwing 26 million into this project that will not give you a return while this project is operating. Do you think a lender is going to lend you money? The only reason the lender is willing to give you money is that you say I’m getting a tax abatement over time so the cost of doing that will be compensated.”
“We’re getting taxes of over $50 Million and the value of that abatement is approximately equal to the cost of them to build the rent-restricted affordable units. “
Affordable Housing is Expensive.
She pointed out that the Kensico Terrace project is paying $264 a unit (42) in taxes today and the Hortons Mill project — two totally affordable housing developments recently opened — were paying a $532 a unit (17 units) in taxes today.
“You are absolutely right. You have just hit on an absolute truth. It is very expensive to build affordable housing. John Saracino is coming back for more help from the city for the cost of Horton’s Mill. Bill Brown it took him seven years.”
Ms. Habel is right.
According to the taxes paid by Kensico Terrace ($11,088) it will take Kensico 77 years to pay back the $848,497 the city gave them out of housing funds to help finance the projec t.
On the Horton’s Mill project paying $9044 in taxes a year, it will take them 36 years to pay back the $327,420 the city gave them to help finance the project
More abatement to come?
The LCOR project as an 80-20 project (20% affordable housing) could apply to the New York State Housing Finance Agency for further tax credits on the project, allowing federally tax-exempt private activity bonds to finance qualified residential rental projects.