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Tag: Rent Regulation

Discover the implications of rent regulation on both landlords and tenants and uncover the strategies and best practices employed by industry leaders to adapt and thrive in this complex environment. Whether you are an investor, property owner, or tenant, our blog equips you with the information you need to make informed decisions and achieve your objectives.

We explore various aspects of rent regulation, including rent control policies, rent stabilization, eviction moratoriums, and tenant rights. Join our community of industry professionals, investors, and enthusiasts who rely on Josh Lipton’s comprehensive coverage of rent regulation in commercial real estate.

Don’t Cry for Argentina, It’s NYC We Should Worry About

Argentina isn’t the United States and Buenos Aires isn’t New York City but when it comes to rent regulation, we could learn a thing or two from newly elected President Javier Milei.

Rent Control by Any Other Name Still Doesn’t Work

In 2022—before Milei was elected President, there were approximately 200,000 empty apartments in Buenos Aires due to its strict rent control laws. The so-called warehousing of rent regulated apartments is a natural response from landlords—whether in Caballito or Chelsea—who prefer receiving no rent rather than a nominal amount with disproportionate counterparty risk.

To circumvent the strict rent laws in Argentina, a black market flourished where landlords tried to rent to individuals in their social circles who would agree to pay rents above the restricted amount. Others rented to tourists in US dollars but otherwise kept their apartments unavailable for long term residents. For residents, it was all but impossible to find an apartment.

Does all of this sound familiar, it should as NYC has an estimated 100,000 empty apartments. Turns out economic principles like supply and demand can’t be contained: they cross borders and are multilingual.

Laissez-Faire: Let Supply and Demand Do Its Thing

Since scrapping the rent-control regulations in Argentina, landlords are rushing to put their apartments back on the market, increasing supply by more than 170%.  President Milei is also allowing rents to be priced in US dollars further protecting the rental market against runaway inflation which still stands at 237% (Milei is projecting 18% in 2025).

Still, housing prices in Buenos Aires are stabilizing and at their lowest rate of increase since 2021 as more apartments flood the market. Supply is up, rents are declining, and people can now find apartments in what was once a frozen rental market.

First, There Must Be Pain

Bold measures—akin to the shock therapy enacted by the Russian government in the early 90s—don’t come without unfavorable consequences, at least in the short term. For some, the increased housing costs have made life difficult when coupled with higher food and utility prices resulting from the unwinding of price controls across the Argentinian economy.

Since the elimination of price controls, many are having trouble getting “to the end of the month.”  Milei’s popularity has diminished as well, falling from a 60% approval rating earlier this year to 45% in August. But the right path isn’t always the easiest one; it can be lonely and bumpy along the way.

Eliminate Rent Control and Everyone Wins?

Is it that simple, eliminate rent controls and the markets will do their job? Some say yes, while others claim in the short term there will be an unacceptable level of soaring prices and homelessness. It is difficult to test the hypothesis as rent controls are politically popular to those who benefit from it, and they tend to become entrenched.

But Massachusetts is one such example: the state nixed rent control in 1994 and neither rents nor homelessness jumped especially in those places where the fear was most warranted such as Cambridge. But, in areas of NYC just as in Buenos Aires, prices will go up for many tenants whose rents are absurdly low relative to the free market rent in those neighborhoods. Just ask Congresswoman Linda Rosenthal—who is fiercely opposed to the elimination of rent regulation and, at the same time, developer incentives to increase housing supply—who lives in a three bedroom on Manhattan’s Upper West Side for $1,573. If ever there was a more conflicted politician directing housing policy.

Is NYC Likely to Follow Milei’s Lead in Argentina?

Perhaps the “tear off the band-aid” approach employed by President Milei would be too much of a shock for New Yorkers who would be adversely impacted but an incremental approach could set us on the right course. Replacing rent stabilization across the city and implementing good cause eviction universally would create a uniform regulatory regime across the city and allow for healthier rent increases that better account for inflation. An increase of nearly one million free market apartments on the market would force landlords to compete on price and quality further improving the housing stock and reducing rents for many middle-income folks.

At the same time, city and state officials should continue to create incentives for affordable housing and avoid the disaster that befell the Harlem One45 Project which was voted down by an overzealous rookie City Council member, Kristin, Richardson Jordan, who, it would seem, preferred no affordable apartments to the 458 new ones that would have been created. We all define victory to our constituents differently.

Sources: Harlem Project One45 Withdrawn as Jordan Rejects Last Offer (therealdeal.com)

Argentina Scrapped Its Rent Controls. Now the Market Is Thriving. – WSJ

Argentina Ditched Rent Control. What if NYC did too? (therealdeal.com)

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The Case for Buying Rent-Stabilized Multi-Family Properties

I know, I know…buying multi-family properties comprised of mostly rent-stabilized units with nominal rental upside and increasing expenses in an elevated interest rate environment can’t possibly make any sense. However, I think it is time investors revisit the asset class and here’s why:

Purchasing Below the Cost of Capital

Unlike most properties on the market where there is a wide spread between the bid and ask prices, rent-stabilized properties can be acquired for cap rates in the range of 7.5%-8.5%, or below the cost of capital. Sure, current laws limit ownership’s ability to add any meaningful value through major capital improvements or apartment renovations but that also means no out-of-pocket capital expenditures will be incurred. Like an investment in a business development company or covered call ETF, you can expect limited appreciation but a consistent and healthy yield.  At a cap rate in the 8% range with borrowing costs where they are today, these properties can be acquired at an undemanding valuation for investors to jump in. 

Future Interest Rates

Owners and operators found out the hard way what Warren Buffet knew all along and that is “everything in valuation gets back to interest rates” and commercial real estate is no exception. The oft-quoted metaphor is that Interest rates are to asset prices what gravity is to an apple. However, if interest rates have peaked or will soon, investors can expect more favorable financing and valuations in the years ahead.

Over the next five to seven years, investors may be able to re-finance at a rate well below current market rates. Furthermore, if asset prices drop with higher interest rates, the inverse is also true. That is, if we move to a 5% interest rate world, it stands to reason that the appropriate cap rate for rent-stabilized buildings could be in the 5.5%-6% range.

To illustrate, imagine an investor buys a 15-unit rent-stabilized building with a $220,000 net operating income at an 8% cap rate in 2023, or $2.75 million. Five years later, assume the net operating income didn’t change (i.e., the rent roll increased nominally as did expenses), but the appropriate cap rate is 6%. The value of the asset increases to $3.67 million with no improvement in the rent roll or net income.

Predictable Income Stream with Long-Term Tenancy

When a tenant receives a favorable regulated rent, they tend to pay on time and stay for a lengthy period of time. Rent stabilized rents are typically nothing to write home about but the arrears and vacancy loss is very manageable making the revenue and income very predictable. Peace of mind has its benefits.

Future Legislative Changes

Hoping that the HSPTA goes away or its impact is substantially diluted by chipping away at the law may be wishful thinking. But there are a few things legislators in Albany would be wise to re-think as we approach the five-year mark since the passing of HSTPA. Any landlord-friendly amendments to the HSPTA law, could result in a surge in the value of rent-stabilized buildings.

The HSTPA is widely perceived as an unmitigated disaster and not just by landlords. Tenants sit in unrenovated units and receive only the bare minimum required of landlords. There are an estimated 40,000-90,000 rent-stabilized units that remain vacant as owners would rather warehouse the units than rent them out for the paltry legal rent they can achieve. For context, there are approximately 88,000 homeless people in NYC, of whom 31,500 are children. Regardless of your politics, this is a failure in policy with heart-wrenching implications.

Final Thoughts

Should you run out and buy as many rent-stabilized properties as you can find? Probably not as not all rent-stabilized buildings are created equally. When performing your due diligence, a few things to be mindful of include (i) the current taxes (is the asset in a protected tax class 2A/2B), (ii) any serious violations and penalties, (iii) the arrears report, (iv) whether any preferential rents exist and perhaps most importantly, (v) the delta between the legal rents in place and market rate. The last point matters as there can be value creation in vacating the property which is more challenging to accomplish when rents are well below market rate.

For those who remain unconvinced, there are risk free federal money market funds yielding 5.25% and for the more adventurous out there, consider the over/under that interest rates decline substantially in the next few years along with inflation and the folks that occupy the Senate and Assembly in Albany come to their senses even if just a bit. 

Website Sources:
Long, C. (2023, April 10). NYC Commercial Real Estate Sales Fell By Over 50% To Start The Year. Bisnow. https://www.bisnow.com/new-york/news/capital-markets/uncertainty-slowed-q1-investment-sales-but-distress-is-only-just-starting-118456

Hall, M. (2023, October 5). “The Worst Market I’ve Seen”: NYC Commercial Real Estate Sales On Pace For Worst Year Since 2009. Bisnow. https://www.bisnow.com/new-york/news/capital-markets/new-york-investment-sales-is-down-65-on-last-year-120975

Basic Facts About Homelessness: New York City - Coalition For The Homeless. (2023, November 8). Coalition for the Homeless. https://www.coalitionforthehomeless.org/basic-facts-about-homelessness-new-york-city/#:~:text=In%20September%202023%2C%20there%20were,each%20night%20in%20September%202023.
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The Numbers Don’t Lie: NYC Has a Housing Problem

Mike Petrucci from Unsplash. (n.n.). https://unsplash.com/@mikepetrucci. https://www.bisnow.com/new-york/news/construction-development/new-apartment-construction-is-lagging-in-nyc-worsening-housing-crisis-for-years-to-come-112183

New York City has a problem and it’s not a new one. Simply put, there are too many people and not enough apartments and that’s creating a supply-demand imbalance. By 2024, NYC is expected to have 33,000 new units becoming available which may sound like a lot but it’s not when you consider that the city needs an estimated 560,000 new units by 2030. At the current pace, it would take more than 46 years to hit the number of units needed by 2030. Oops, but it gets worse. The anticipated supply shortage will certainly put pricing pressure on the rental market making it a “rough ride” for many ordinary folks, according to Corcoran’s CEO, Pamela Liebman. Furthermore, higher development costs, impending inflation, and flawed city policies that defy basic economic principles (i.e., keeping one-third of the housing stock priced artificially below market through rent regulation) will undoubtedly extend NYC’s housing crisis well into the future.

The data don’t lie: rent in NYC increased by 33% between January 2021 and January 2022. Oh, Superman, where are you now?

Hall, Miriam. “NYC’s Housing Crisis Set to Worsen amid Lag in Apartment Construction.” Bisnow, 9 Mar. 2022, www.bisnow.com/new-york/news/construction-development/new-apartment-construction-is-lagging-in-nyc-worsening-housing-crisis-for-years-to-come-112183. 
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