If New York’s Rent Guidelines Board Ignores Its Own Data, Why Do We Need It? – Commercial Observer

The New York City Rent Guidelines Board’s decision to impose the first-ever two-year freeze on rent-stabilized apartments raises a simple question: Why commission months of economic research if you’re going to ignore it?

Or put another way: If the Rent Guidelines Board (RGB) ignores its own data, why do we need the board?

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That is not a rhetorical question. It goes to the heart of why the RGB was created. 

The board’s statutory responsibility is straightforward: Establish rent adjustments that balance tenant affordability with the economic viability of maintaining nearly 1 million rent-stabilized apartments. The idea is simple. Collect the data, evaluate the facts, and make a decision based on the evidence.

Ben Tapper.
Ben Tapper. Photo: Courtesy of Lee & Associates

This year, however, the RGB ignored the very information it gathered to help make that decision.

The RGB’s own 2026 price index of operating costs found that operating costs for rent-stabilized buildings increased 5.3 percent over the past year. Insurance costs rose 10.5 percent, fuel increased 11 percent, maintenance climbed 6 percent, and property taxes continued to rise.

Its own net revenue projection concluded that rents would have needed to increase approximately 3.4 to 4.5 percent simply to maintain owners’ existing net operating income — not increase profits, merely keep pace with rising expenses.

Those findings should have established the lower boundary of any economically rational rent adjustment. Instead, the RGB adopted a 0 percent increase.

Reasonable people can disagree about what the increase should have been. That’s why the board exists. But it’s hard to understand how the answer became zero after the board’s own research pointed in a completely different direction.

That disconnect became even more apparent during the public discussion. Maksim Wynn, the RGB member appointed to represent property owners, argued that freezing rents was actually doing owners a favor because allowing rent increases could ultimately reduce rental income.

Maybe that’s true in isolated cases. But I don’t know a single owner who believes preventing rent increases while costs continue rising somehow benefits them. 

If the person appointed to the RGB to represent owners says something almost no owner actually believes, it raises another question: Who is he representing?

No business can indefinitely absorb rising costs while revenue remains frozen. Apartment buildings are no exception.

Rental income pays for roofs, boilers, elevators, plumbing, insurance, taxes, payroll and the countless repairs required to keep aging buildings safe and habitable. When revenues stay flat while expenses continue to rise, owners eventually face difficult choices: Defer maintenance, postpone capital improvements, reduce staffing, or take on additional debt at today’s higher borrowing costs.

Price controls do not eliminate costs. They simply determine who absorbs them.

Ironically, the buildings most vulnerable to these pressures are not luxury apartment towers. They are older, predominantly rent-stabilized buildings throughout the Bronx, Upper Manhattan, Brooklyn and Queens. These properties often house New Yorkers paying some of the city’s lowest rents while also requiring the greatest ongoing investment to remain safe and well maintained. 

None of this suggests affordability is unimportant. It is essential.

If policymakers believe some tenants cannot absorb modest annual rent increases, New York already has tools available. Rental assistance can be expanded. Property tax reform could address one of owners’ largest fixed expenses. Insurance affordability deserves legislative attention. Most importantly, the city must continue increasing housing supply so demand no longer dramatically exceeds available housing.

Those policies directly address affordability without undermining the long-term financial sustainability of the city’s existing housing stock. 

Interestingly, one of the strongest criticisms of the current system didn’t come from a landlord. It came from Rafael Cestero, president and CEO of the Community Preservation Corporation, one of New York’s leading affordable housing finance organizations.

Following this year’s vote, Cestero said he believes the RGB has “run its useful life” and suggested New York should consider replacing the current process with a more objective formula for setting annual rent adjustments.

Whether one agrees with that conclusion is almost beside the point.

The more important question is why one of New York’s most respected affordable housing leaders believes the current system no longer works.

The RGB was created so rent adjustments would be informed by objective economic analysis rather than political pressure. This year, the board commissioned months of research documenting rising operating costs and increasing financial pressure on the city’s rent-stabilized housing stock. It then voted as though those findings did not matter. 

Just as importantly, this year’s debate raised questions about whether the RGB’s appointed members are still fulfilling the roles they were selected to serve. When the member designated to represent owners argues that preventing rent increases benefits owners, it becomes fair to ask whether the board is still providing the balanced representation its structure was intended to ensure. 

If the board ignores its own data, and if the people appointed to represent tenants and owners no longer reflect the people they’re supposed to represent, then New Yorkers should ask whether the current system is still doing what it was created to do.

Good housing policy requires compassion. It also requires arithmetic. The Rent Guidelines Board was established to balance both. This year, it failed to do so.

Ben Tapper is executive managing director at brokerage Lee & Associates NYC.

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