Addressing the Housing Crisis
The budget includes several housing measures supported by FPWA. The legislature passes the 485-x tax credit for multifamily apartment building developments, extends the 421-a tax credit, which expired in June of 2022, to current multifamily apartment building developments that will be completed by 2026. New York also passes Good Cause legislation to address no-fault evictions, including carve-outs, which exclude some New Yorkers and allow localities outside of New York City to opt-in. The budget does not include the Housing Access Voucher Program which is also an FPWA housing priority.
While this budget takes some meaningful steps towards incentivizing house development, it fails to adequately address housing affordability, safeguard renter stability within housing with protections against eviction, or address homelessness, leaving some economic security issues of residents unaddressed.
FPWA supports the introduction of the 485-x tax credit, which provides a tax credit for developers of multifamily apartment buildings across the state. To access the tax credit, 20% of housing units in small apartment buildings, and 25% of housing units in large apartment buildings must be rent stabilized for renters making less than 100% of Area Median Income (AMI). We are grateful that the new tax credit includes more stringent affordability requirements that increases with the size of development.
We also support the extension of the 421-a tax credit, which expired in June of 2022, to current development that will be completed by 2026, and sunsetting the program, which will hopefully help speed completion of current development projects. Incentivizing increasing housing inventory, and including affordable housing options, can help alleviate the economic struggles of rent burdened New Yorkers. According to a recent study by the NYU Furman Center 4, approximately 46% of New York State residents are renters, of those renters 53% are rent burdened, or spend more than 30% of their income on rent and utilities and approximately 27% pay more than 50% of their income on rent and utilities each month. In this context, policies that drive the development of affordable housing are essential to the economic stability of New Yorkers.
While this year’s state budget offers some gains in housing affordability, its impact on housing stability is more mixed. Although incentives for new development can increase affordable housing options, renters still lack essential protections due to the passage of good cause legislation with significant carve-outs, and the failure to pass legislation passing establishing the right to counsel in eviction proceedings.
A new good cause eviction law in the budget provides many renters across the state protection from no-fault eviction and outsized rent increases. The version of the bill in the budget made several regressive carve-outs. The law does not apply to units owned by small landlords (owners of buildings with10 units or less or whose entire portfolio includes 10 units or less), renters in co-ops and condos, and renters in buildings built after 2009 (for their first 30 years of occupancy). The good cause legislation also follows an opt-in model outside of New York City, potentially leaving many renters unprotected from no-fault eviction. Moreover, the bill sets a higher than targeted inflation index for rent increases at 5% + CPI or 10% (depending on whichever is lower).
For renters who are now protected from no-fault eviction through the good cause legislation, their ability to assert their rights hinges on their access to legal counsel if facing eviction. Unfortunately, the state budget fails to establish a statewide right to counsel in evictions proceedings. FPWA is concerned about the ability of all New Yorkers to protect their housing rights. There is a power imbalance in evictions proceedings because tenants most often represent themselves, while landlords are almost always represented by attorneys. This undermines the fundamental fairness of eviction proceedings. A right that cannot be protected effectively does not exist.
Eviction from housing is a destabilizing event, that can drive adverse physical and mental health outcomes, education disruption, and job disruption. Consequently, strong eviction protection helps ensure the economic stability of individuals and families.
FPWA is also disappointed that the legislature fails to pass the Housing Access Voucher Program (HAVP), forgoing a tremendous opportunity to drive housing stability for New Yorkers across the state. This bill would have set up a statewide rental subsidy program for low-income families and individuals who are facing eviction, currently homeless, or facing loss of housing due to domestic violence or hazardous living conditions. Tenants would have contributed 30% of their income toward rent, with the rest covered by subsidies, with the payment standard set at 100% of FMR, and half of all funding would be directed towards homeless families. This is incredibly disappointing in a moment where New York’s shelter systems are struggling to transition individuals and families, both newly arrived New Yorkers and long-term residents, into permanent, stable housing.
Advancements in child care access will help families
The Enacted Budget includes $1.78 billion for the New York State Child Care Block Grant, an increase of $754.4 million, which will provide subsidies for 119,000 eligible children. The budget also includes a small – but important – child care subsidy rate increase for providers offering care during evening, early morning, and weekend hours (known as non-traditional hours), and those serving children experiencing homelessness. FPWA is pleased to see these measures in the budget as they ensure families who have been made vulnerable and families working non-traditional hours can access affordable child care. We know that it is families working in many of these jobs (e.g. janitors, nursing assistants, truck drivers) that face the highest levels of income inadequacy to meet basic needs. 5
Vital education funding will help secure New York’s schools and universities
The FY25 Budget includes $1.3 billion in additional school aid which can be used by municipalities to fund schools and pay teachers. These funds will be particularly vital for New York City, as it deals with the expiration of federal funding, as highlighted in our NYC Funds Tracker. The budget also includes the retention of the ‘hold harmless’ provision. This provision, which was proposed to be cut as part of the Governor’s executive budget, ensures that school districts get at least as much school aid as the previous year. Also, up for consideration as part of the executive budget was a change to the Foundation Aid formula – another change that could have led to school districts receiving reduced funding. While we recognize the importance of ensuring the school Foundation Aid formula is fit-for-purpose we are pleased to see that the adopted budget includes a more considered approach to reviewing how it is changed. Instead of rushing a change to the formula, the adopted budget includes $2 million to allow the SUNY Rockefeller Institute of Government to undertake a study into the formula, in consultation with state agencies and stakeholders. Taking these steps will help to ensure that no schools are unintentionally disadvantaged as the New York State Education Department considers changes to how it funds schools across the state 6.
We are also pleased to see that the FY25 Budget includes an expansion to New York’s Tuition Assistance Program in terms of both availability and funding. Part-time students in New York will now be eligible to participate in the program, which was previously limited to only full-time students, and the parental income threshold for applicants will be increased from $80,000 to $125,000. The minimum award amount has also been increased from $500 to $1,000.
Relatedly, school districts will be required to verify that all high school seniors complete either the Free Application for Federal Student Aid or an application for the José Peralta New York State Dream Act (which provides aid to undocumented and other non-citizen students). The change will require districts to notify students of scholarship opportunities and financial aid options twice a year, while providing optional referrals for support and assistance to apply.
We are pleased to see the expansion of both initiatives that help promote the economic security of students, something we know is a key driver of school completion rates. We have long championed the importance of financial supports for students, including through our own Educational Opportunity Scholarships, and our work strengthening education outcomes in faith and local community settings. Ensuring education is accessible to all, regardless of income, is vital to advancing economic mobility.
Finally, we welcome the $1.29 billion for SUNY and CUNY capital projects and the $409 million for SUNY and CUNY operations. We know that SUNY and CUNY are vital for all New Yorkers, particularly New Yorkers from backgrounds that are traditionally underrepresented in university settings. Looking at CUNY alone, 76% of students are students of color, and 60% are first generation college students. 7 The CUNY and SUNY system is an essential component of New York City and New York State’s economy—generating growth, economic mobility, and tax revenue. We will continue to advocate that it is adequately resourced, now and into the future.
Budget Maintains Necessary Investments in Medicaid, But Does Not Address Systemic Issues in Healthcare Cost
The state budget for FY25 provides additional funds for Medicaid, sustaining critical access for existing patients. Specifically, it allocates $550 million to Safety Net Hospitals that provide to underserved, Medicaid-reliant populations. Additionally, the budget increases Medicaid reimbursement rates to hospitals and nursing homes by 4%, which, while falling short of the 10% increase called for by the Senate and Assembly, can help bridge existing gaps between State reimbursement rates and actual care costs. These steps are vital as inadequate state reimbursement exacerbates operational deficits for care providers, jeopardizing their financial viability. While these investments ensure ongoing services, we also call on the government to do more to address the healthcare cost pressures facing New Yorkers. The budget neglects to extend coverage to hundreds of thousands of uninsured New Yorkers or tackle escalating costs to individuals, thereby leaving healthcare expenses prohibitively high for many 8. FPWA continues to call for the State to ensure that everyone, including undocumented immigrants, are eligible for health insurance and are supported to access care, including through the Community Health Advocate Program. The State should continue to explore ways to bring down the cost burden down for individuals, including enacting medical debt reform 9.