Yonkers City Council Passes on Override of Mayor Spano’s Veto of Affordable Housing Ordinance Change from 10% to 20%

Negotiations Likely for Increase to 13%

By Dan Murphy

At their meeting On Sept. 14, the Yonkers City Council declined to vote on an override of Mayor Mike Spano’s veto of changes to the Affordable Housing Ordinance, which would have increased the number of affordable housing units that developers have to build for new development projects from 10% to 20%.


Mayor Spano vetoed the AFO in July. “While I support enhancing our affordable housing stock, the ordinance passed by the Council fails to address the fiscal concerns raised by the report, such as what means are available to increase public subsidies necessitated by the AHO,” Mayor Spano stated in his veto message.


“The Council also presented no alternative analysis or narrative that disagreed with HR&A’s findings, nor did they prepare an analysis regarding the potential effects on the City if it was to significantly increase the tax subsidy to developers.”


Since then, the City Council had been discussing an override of the Mayor’s veto. This would require 5 of the 7 councilmembers to vote yes to override.


At the council meeting held last week, the override vote was planned and City Council Minority Leader Mike Been had placed the item up for debate.


But democrats on the council adjourned and then tabled the item. Because the item is now tabled, it appears that the council will let the override die in committee. Councilman Breen and Councilman Merante were set to vote no, and no word on what the other councilmembers had in mind.


Mayor Spano had cited an independent report conducted by HR&A Advisors, Inc. stating the proposed amendment is infeasible without significant public subsidy.


According to HR&A, which has worked with cities throughout the United States to develop affordable housing ordinances, the proposed amended AHO will result in a halt to new market rate housing construction absent a City tax subsidy that would be double that of which is currently granted to market rate developers. HR&A issued and presented the comprehensive analysis, which included feedback from community stakeholders and developers, to the Yonkers City Council before its vote in June. Spano’s veto message also cites Yonkers Planning Board’s opposition to the amended AHO. The AHO was first passed in 2013.


Negotiations could have all sides agree on a number for an affordable housing rate. Two numbers tossed out include 13% or 16%.