The Historic Districts Council (HDC) supports the goals of the Faith-Based Affordable Housing Act (S. 7791A and A. 8386A), which is why we have long supported many preservation-and-development strategies for religious properties, including the 74-711 zoning variance, which allows “a modification of use and bulk” on landmarked sites in exchange for a restoration and maintenance plan for the landmark itself, and Transfer of Development Rights (TDRs) – best known as “selling air rights” – opportunities for which were recently expanded under City of Yes. That’s also why our 2025 Housing Report featured multiple examples of new housing built on landmarked religious sites which preserved historic buildings while creating hundreds of units of affordable and supportive housing.
Preservation and development are not opposing forces, nor should they be. Neither current zoning, nor current landmark designation, prevent religious institutions from building affordable housing on their properties. In fact, landmark designation helps religious properties maintain their buildings while adding housing to their grounds, because designation makes those sites eligible for tools like TDRs and 74-711, while National Register status offers historic tax credits, which developers can claim to create housing in under-utilized buildings on faith properties.
That’s why we are concerned that the Faith Based Affordable Housing Act’s current language would override protection for any religious site that may be landmarked in the future, and makes no mention of State Historic Preservation Office (SHPO) review at existing sites listed on the State or National Registers of Historic Places.
Eliminating the potential of future protection for sacred sites deprives communities of the opportunity to preserve historic community anchors while adding housing, and creates an inappropriate hierarchy of historical importance that disadvantages underserved and under-recognized communities, because landmarks associated with under-represented histories and communities are less likely to have already gained recognition.
HDC has sent a letter to sponsors of this bill asking that they amend its language to include future landmarked religious sites, and clarify the vital importance of sites listed on the National and State Registers of Historic Places. This change can help ensure that historic sites are preserved and leveraged as assets in the effort to build housing for New Yorkers.
Click below to read our letter!
