Real Estate August 4, 2010 12:30 PM

Preservation Tax Credit Program Remains Broken

Preservation Tax Credit Program Remains Broken

Efforts to secure an exemption for the NYS Rehabilitation Tax Credit program from the Governor's and Assembly's tax credit deferral plan failed during final budget maneuvering this week.  There is still hope however.  An effort is underway to save the Rehabilitation Tax Credit program when the Senate reconvenes next month.

Governor Patterson proposed - and the NYS Assembly leadership then modified - a plan to defer 30 New York State tax credit programs, pushing state payback on credits earned in 2010 - 2013 out to the 2014 - 2016 timeframe.  The Governor proposed a deferral of 50 percent of tax credit value; the Assembly countered with and passed a proposal to defer 100 percent of tax credit value for credits over $2 million in value. 

The Assembly proposal ("Part Y") applies the deferral per taxpayer, not project, meaning investors in or developers of multiple projects, or users of multiple tax credit programs, will trigger the $2 million threshold. 

A push was made to remove the preservation tax credit program from the deferral list as the state budget was being finalized.

DSC_0895b.JPG"There was a lot of pressure to get the budget done, obviously," said Daniel Mackay, Director of Public Policy for the Preservation League.  "Carve out of the rehab tax credit from the list of 30 programs was aggressively pursued by rehab tax credit champions Assemblyman Hoyt and Senator Valesky, and was in play throughout final budget negotiations, but did not yet happen."

According to Mackay, Senator Valesky, from Syracuse, has introduced a Chapter Amendment in Senate to carve the program out.  That will be under consideration in September when the Senate plans to reconvene to address unfinished business.  The Assembly is reportedly prepared to do the same.

"I remain optimistic that we can secure a full carve out for this program by early fall," said Mackay.  "The economic impacts of a fully-functioning program are too great to be ignored, the deferral program is too crippling for the rehab credit to have any value if it stands, and as I think we've argued with great merit, this program made significant concessions to the state's fiscal situation in 2009, and should be allowed to work, unimpeded, in distressed areas across New York State."

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No Tax Credit = rotting Statler, Lafayetter and AM&A's thank you local Senate and Assemblymen your lack of clout speaks volumes

No UB 2020 = no downtown Growth once again thank you local Senate and Assemblymen

No Webster Block land transfer = no Bass Pro and HSBC moving out to Crosspoint further killing the City - Thank you City Council

Is it any wonder Buffalo is what it is? Is it any wonder suburbanite exhibit a well earned disdain for the City.

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Sad, but true!

replied to Sally
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We should also add to the list the funding that Higgins voted away on projects.


Even worse is most of the people responsible for this will be reelected, by a wide margin next time around.

It is one thing to get shafted by a elected official. But to reelect these same people..over and over and over again..is simply pathetic.

replied to WCPerspective
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How big a deal is the land transfer? I have to admit I'm not that up on it. But anything Larry Quinn pushes makes me skeptical.

Why doesn't NYC just become it's own state

replied to Sally
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let's all take a moment thank wny's own cowardly lion - bill stachowski. as an upstate senator, you only get 1 or 2 chances to differentiate yourself during your term - and he failed miserably. what a joke. we can attribute continued failure for buffalo to yesterday when he folded like paper in front of sheldon silver (wonder how much money bill got out of the deal)

- he's as worthless as another parking lot in downtown buffalo

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Amazing how downstate can continually kick sand in upstate's face. This along with the UB20/20 insult is outrageous. How much property tax will this cost the city and county? WNY legislators fall in line for downstate power brokers in the promise of a few crumbs but when time comes to collect even the crumbs are withheld.

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I'm sure NYC has plenty of historic buildings that this tax credit could help restore, too. And New Yorkers have also suffered at the hands of Albany - funding for the MTA was slashed in order to cover general state operating expenses. New Yorkers who no longer have bus service or now have to wait longer for a subway train are just as angry at Albany as anyone up here.

replied to STEEL
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nyc is different - real estate downtown is so in demand their historic projects will go fw regardless, the credit is gravy (and immaterial compared to the $ amount of the projects). the impact is felt 10x upstate

nys "suffers", upstate is devastated - what a terrible argument - {deleted- flaming}

replied to JSmith
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I am pretty sure Rochester, Syracuse and the rest of Upstate gets shafted as well.

If only an Upstate could, regardless of party, elect a group of people who would stand united against downstate interests. When will people learn?

replied to STEEL
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What is Patteeson't thinking in proposing this deferral anyway? The guy is an idiot.

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If not for obstructionist and self serving politicians - by 2013 Canalside would have been anchored on one side by a 22 story Casino Hotel, on the other side a Bass Pro store and restaurants, in the middle an expanded HSBC complex with 4-6,000 employees in the city core.

Instead what you will see in 2013 is a rotting steel skelton of a hotel, an almost vacant 40 floor tower (sorry but a 38 floor tower atop a two storey base is a 40 floor building)and a few cobblestone streets surrounded by surface parking.

And it was all self inflicted!!! None of it the blame of Albany or DC or even Erie County or suburbanites. It is a rot from within. Local politicians and local lawsuit obstructionists that want everything there way or they will do whatever it takes to kill a project.

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Very true Sally, well stated.

Although I still miss living in WNY for certain reasons, and wish the remaining residents & new developments well, I sit here 1200 miles away watching new ideas evolve for Buffalo, and every time a new one is presented I can predict the outcome. However I keep my fingers crossed on each hoping for the best, thinking that the next development will be the turning point of Buffalo's new economy and lessen their bad reputation for business development.

Sad for sure. I hope there are enough non-politically connected, private sector employed voters left in WNY to make a difference someday. However, I have to admit, I do like watching the Sabres and Bills down here with the many who have left B-Lo. (I had to think of something positive to write here..:))

replied to Sally
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Kind of like putting on a new Paul McCartney CD knowing he is capable of greatness but always being disappointed by the new CD in the end.

replied to DPH
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Sally>"If not for obstructionist and self serving politicians - by 2013 Canalside would have been anchored on one side by a 22 story Casino Hotel, on the other side a Bass Pro store and restaurants..."

This is funny. So because Quinn-Levy, the Seneca Gaming Corporation and various politicians sold you on the region's fate being dependent on construction of a few unrealistic, pie-in-the-sky toys, it is the "obstructionist's" fault that they didn't materialize? So if this group told you the region was going to spend all of its resources to convince Santa Clause to move his toy shop from the North Pole to the Central Warf, would you blame the people who stood up and said "thats a stupid idea" when it didn't happen?

replied to Sally
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Sorry, I don't log on much anymore. What happened to UB's 2020? Thought that was a done deal and isn't HSBC still in planning stages?

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Many of the capital-related aspects of UB2020 hinged on the University gaining more autonomy from the micromanaging bureaucracy of Albany. You know, things like being able to keep and reinvest the additional revenue from gradual tuition increases instead of the revenue from random tuition spikes being sent back to Albany's coffers, or being able to enter into public-private partnerships without having to jump threw burning hoops (which was necessary to get the UB/Kaleida Health Clinical Care, Research and Business Incubation building off the ground). You know, the kind of things that other top-ranked public research universities already have in place. Everyone is so worried about "sacrificing" the value of an education from UB for these things, but to me value = quality/cost... when UB can't compete with its peer institutions, the quality, and therefore value, of its education ultimately suffers.

replied to onestarmartin
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WCP quotes Daniel. Mackay saying "The economic impacts of a fully-functioning program are too great to be ignored".

What are these supposed "great" economic benefits other than temporary contractor jobs? Isn't Rocco's plan for the Lafayette is a flower shop, a bar, apartments, and a hotel? If the plan doesn't happen, people wanting flowers or beer will just buy them elsewhere around here. And there's already a long term surplus of residential and hotel rooms.

A real economic benefit to the state is only from economic activity that wouldn't otherwise happen in the state. That can grow jobs or income that results in more people buying more flowers, more beer, needing more places to live, etc. - not just moving around what already happens.

For example, it could be argued jobs at businesses like Geico and Yahoo (or now HSBC) wouldn't be this state if not for some public funding. Even that can't always be justified - the Yahoo deal sounded way too expensive for the number of jobs. I don't remember how much Geico received.

Steel>"How much property tax will this cost the city and county? "

How would it affect county property tax revenue at all? What people or businesses would locate in Erie Co as a result of these tax credits who wouldn't be here otherwise?

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What is your solution to protect buildings like the Lafayette?

replied to whatever
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Paul, my main point is against the false promise that these tax credits will cause economic growth. Tt's a much b.s. as those who said Bass Pro (or Ikea, H&M, Whole Foods, etc.) would be growth. If advocates would simply say "we like old buildings" or "we like trendy retail", I could respect their views even if I disagree that their likes deserve funding.

But to answer your question, a few ways off the top of my head (although no guarantee it would protect the Lafayette in particular).

First, it does happen sometimes even with the status quo. For example, when New Era decided to put their corporate HQ in Buffalo they chose to rehab an old building - without state tax policy changes Rocco says is needed for the Lafayette.

Next, (unlikely, but) if NYS changed governing to lean less left and start promote more long term real economic growth in this region and state, some more businesses might want to use old buildings here. Not all new or growing businesses want old buildings, but some portion does. Even attracting real growth that doesn't directly use old buildings can indirectly improve chances of some more being saved by growing overall demand here.

Also some buildings can be protected by the nonprofit private sector. The Central Terminal group for example, and foundations like O'Shei, etc. In a very few cases of significant buildings, some government spending could be justified - perhaps some minimal spending on the Richardson Towers for example to keep them standing, although I wouldn't go so far as to fund some crazy uses of them.

Last, I'd remind myself as Steel has said - not everything can be saved - not all churches, not all downtown buildings, not all hockey auditoriums, not all houses... nothing lasts forever.

replied to PaulBuffalo
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Whatever, I understand your main point -- and agree about retail -- but I think targeted tax breaks as a tool to spur development can be successful.

When I lived in NYC, I remember that it wasn't until Mayor Dinkins and NYS offered tax breaks to Disney that any private developer would invest on 42nd Street. That created the impetus to change 42nd Street and Times Square. (Keep in mind that many news articles at the time suggested that 42nd Street could never be salvaged and that tax breaks were folly.) Changing the psychology of a neighborhood is just as important as the bricks-and-mortar.

Skyway Side was/is a silly attempt to recreate history. If the same amount of energy and dollars were put into a selected stock of historic buildings downtown, it would add foot traffic and foster an environment that encourages spinoff private development. Yes, that means moving about pieces on a chessboard but I think it makes sense to save historically valuable buildings by encouraging people to vacate structures that have no architectural significance.

Tax breaks have to be coupled with other methods - such as the ones you suggested -- to improve an area and better ensure its success. I think that is a challenge that Buffalo hasn't yet met in its efforts for development.

replied to whatever
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Paul, sounds like we mostly agree about the economic and financial part of this for Buffalo.

For Times Square, I don't know either way if targeted tax breaks were a major cause-effect of the rebound. Maybe there were - I'm not saying it's always impossible everywhere.

However there were a lot of other big positives going on then.

The U.S. economy started surging - especially the financial industry boom. Finance firms aren't at Times Sq, but growth in jobs and income had big impacts across Manhattan. Also, some across-the-board tax cuts in NYC and more pro-business policies by Rudy, continued by Bloomberg.

All that, plus Rudy's public strategy to kick out "shady" long time businesses from Times Sq, plus the city's crime drop. Many factors there.

replied to PaulBuffalo
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Yes, you're right: there were many factors involved. That's my point about tax breaks: they should not be used in isolation as the solution to reviving an area.

replied to whatever
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Whatever>"If advocates would simply say "we like old buildings..."

Wait a minute... did you just flip around my "we like sprawl" point? I am flattered for the imitation.

But seriously, I like restored old buildings. They add aesthetic value and contribute to a sense of place that new builds, parking lots, or vacant buildings cannot duplicate.

But the real benefit is economic. When the state leaves a small portion of opportunity cost on the table (that it likely would not receive anyway on a non rehabbed structure)the local government is getting a boost in taxable revenue on a now more valuable structure as well as saving money by not having a multi million dollar demolition bill. Furthermore, the activity in these buildings that would "happen elsewhere", is, for the most part, being steered downtown away from the outskirts of town. This saves money by reducing the "need" for continuing sprawl subsidies.

I would argue there are valid environmental reasons for encouraging building recycling and not sending tons of bricks, concrete, lumber etc to a local landfill. I understand though that for the "oil is as natural as water crowd" this may not be good enough a reason for the credits.

Whatever>"New Era decided to put their corporate HQ in Buffalo they chose to rehab an old building - without state tax policy changes Rocco says is needed for the Lafayette."

The changes that I believe you are referring to are to repeal provisions in a recent preservation law that prevent developers from selling their tax credits to raise cash. Since the New Era project happened well before selling credits was banned (2005?), Im sure they rightfully took advantage of historic incentives available to them.

replied to whatever
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pit>"steered downtown away from the outskirts of town. This saves money by reducing the "need" for continuing sprawl subsidies."

Sprawl sounds like a red herring in this context. There's plenty of space in the city for new bars, flower stores, etc.

Are people or businesses who want to locate out in sprawl country suddenly going to stop and say "oh, I didn't want to be in the city or an inner-ring burb, but that Lafayette building is where I want to be"?

No, I think Lafayette tenants will be city-likers. If the Lafayette doesn't happen they'll find a place in the city or close to it rather than out on Suburban Hillbilly's street, highway, or dirt road.

Anyhow, economic benefit claims of advocates for this tax credit legislation go way beyond the narrow definition you're making. They've claimed job creation and sometimes imply it can have a big impact in turning around Upstate's economy.

Demo costs are unfortunate when needed, but shrinkage grows the need for demos.

Since New Era probably pays so much state taxes I doubt they'd have needed to sell the tax credits for their building, but I won't dispute what you say about the proposed legislation returning the law to how it was in 2005. I haven't seen that written either, but I don't know.

replied to Armchair MBA
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Also pit, New Era changed the building's appearance a lot which means historic tax credits weren't used. True?

replied to Armchair MBA
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No I dont think that is true. My understanding is certain features of a rehab that meet National Park Service criteria as historic are eligible for the credit. In this case the new glass facade certainly would not qualify for the credit whereas the preserved interior features (turret, counters, walls etc.) would.

replied to whatever
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While I see your points and they are valid...as Paul asked..what else do you do?

Sure the Lafayette would only provide a flower shop, a bar, apartments, and a hotel. But compare that to what is there today.

There has to be a tipping point to these things. Take hotel rooms for example. Say Buffalo has 2000 rooms and the occupancy rate is 60%. This is based on Buffalo looking for events that need up to 2000 rooms. That is a specific pool of events.

However, say the room count expanded to 3000 rooms. Now you can go after events that need up to 3000. Your pool expands and hopefully, by expansion, you get events that book at 80%.

Same can be said for residential housing. Sure there is a surplus for that..right now. Buy why is that? A lot of it has to do with the health of the region in general. But that has not stopped development in the burbs. Ask yourself what the quality of life is downtown? Compare that to other areas that already have a flower shop along with a dry cleaners, corner market, coffee shop and everything else that goes with a neighborhood. There is no neighborhood downtown and will not be until things like a flower shop open.


So maybe having a flower shop in the Lafayette might not look like that big of a deal when you isolate it. But when you look at a bigger picture...roses.

replied to whatever
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longgone>"So maybe having a flower shop in the Lafayette might not look like that big of a deal when you isolate it. But when you look at a bigger picture...roses."

long, even in biggest picture, buying flowers at the Lafayette instead of the store already on Washington St downtown, or on Grant, etc. - isn't any better for the region or state. A new store deserves success if customers prefer it, but the economy sorts that out. Looking just at the Lafayette new retail might look like "roses", but that ignores reduced spending elsewhere.

Anyhow, if someone wants to open a flower store or bar downtown, there's plenty of vacant space if the Lafayette isn't available.

Only growth of non-retail businesses can result in more customers living here, or people alrady here having more disposable income. Same for residential. Shifting from Buffalo's residential hoods isn't necessarily positive. There's disagreement over what portion would move downtown from burbs vs. city - but regardless, Lafayette rehab won't cause any person or business to move to WNY or NYS. But some do move here for jobs at HSBC, etc., which raises demand (at least slows shrinkage of demand) for residential and retail.

About hotels, I don't know if extra guests from 3000-person events that would come to Buffalo but bypass it now would be enough to make real economic impact. If hotel rooms are on average 40% or so vacant, that sounds like more rooms usually will take customers from those already here. Maybe very rare exceptions for huge events.

replied to longgone
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The property tax on the Lafayette Hotel would quadruple at minimum if it was renovated. The sales tax would grow and the city would become more attractive with a redeveloped building which would make the surrounding properties more valuable allowing the tax receipts to grow. The benefits in Buffalo alone for this program are tremendous it is a no brainer example of cutting taxes to spur development.

You Limbaughesque way of making the businesses ready to move into these developments is real cute but disingenuous. Fact is Termini alone has people lined up to fill two large historic buildings downtown and that IS a big deal even if it includes a flower shop.

Also - If you think there is a glut of hotel rooms in Buffalo try this: Call up a hotel right now and see if you can get a room in August for a week. Let me know what you find out.

replied to whatever
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Steel>"property tax on the Lafayette Hotel would quadruple at minimum if it was renovated. The sales tax would grow"

If the Lafayette's occupants would be here otherwise in different buildings, and their customers would be spending the same money here anyhow just in different buildings - then what would make the county's or state's total tax base (property or sales) grow at all?

Steel>"If you think there is a glut of hotel rooms in Buffalo"

This says in the first half of 2010, the occupancy rate here was 58%, meaning on average 42% glut. Maybe July and August have more demand than the other 10 months.
http://buffalo.bizjournals.com/buffalo/stories/2010/07/19/daily14.html?surround=lfn#ixzz0uIexeJDr
"For the first half of the year, hotel occupancy in Buffalo and Erie County increased 1.2 percent, rising to 58.1 percent from 57.4 percent in the first six months of 2009."

I didn't suggest outlawing new hotels. If Rocco and Croce and Snyder, etc. want to open new hotels, they should open some and pay their taxes.

replied to STEEL
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Is 58% on the high end or low end of occupency rate?

I can't imagine that the profit point is at 100%.

I don't think it is fair to start quoting numbers with out know exactly what they mean.

In my mind there are underserved markets that small boutique hotels will accomidate.

replied to whatever
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Chris, the report I linked says 58% was a 6-month average and I think it's a fair response to Steel's comment.

If people agree with you that more boutique hotels are needed they absolutely should open some. Competition is great, but they should pay for it and pay their taxes.

replied to Chris
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Last I checked, 58% was a little above national average. Taking that and the giant pool of visitors available to us in Niagara Falls, I would say there is plenty of room for a few new hotel rooms.

replied to Chris
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Whatever - So you did not call to see if you could get a room did you?

replied to whatever
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Steel, no need to call because I believe you that some hotels sometimes fill up.

I didn't say people shouldn't open new hotels if they want. But since on an average day of the whole year here there's around 40% vacancy in hotels already here - my previous point still seems correct that new hotels mostly would take customers from them and therefore won't be real new growth in jobs or revenue as claimed.

If you read the previous sentence and skim over the words average and mostly, you wont get the full meaning. Mostly means in most of the time, and I think you know what average means.

Again, if people want to use their own $ to open hotels and pay normal tax rates, they should go for it.

replied to STEEL
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Not only are some hotels full,they are all full. Summer is a major profit time for WNY hotels. When they turn away business they lose profit and the region loses business. hotels have been consistently added to the local market and it has stayed consistently above the nation average for occupancy so your argument does not hold water.

replied to whatever
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Steel, if there's such a clear imbalance between demand and supply as you say, people should invest their money to build more hotels here. They should be anxious to go ahead and do that.

Whether aiding that is the smartest use of public $ when there's so many other needs here is a different question.

replied to STEEL
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I think returning a concentration of business to the core and restoring and reusing underutilized irreplaceable historic buildings is a smart use of public money. But in reality this program is not a money give away it is a tax reduction, something people are always pining for in NYS. $5 million tax break will spur $100M in spending on AM$As alone. That is a pretty good return on investment I think.

What I do think is a waste of public dollars is the continued expansion and maintenance of sprawl infrastructure to subsidize sprawl developments. Of course you don't have a problem with that do you?

replied to whatever
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Whatever>"Are people or businesses who want to locate out in sprawl country suddenly going to stop and say "oh, I didn't want to be in the city or an inner-ring burb, but that Lafayette building is where I want to be"? No, I think Lafayette tenants will be city-likers"

I think it is wrong to assume that all development that occurs in the city will draw only those currently living within city limits. New developments downtown draw from both city neighborhoods as well as the greater region. For example, roughly ten years ago, upscale rental new builds were found almost exclusively in the outer burbs. Now the lions share of this market is built downtown in rehabs. People who otherwise would have chosen Windsong Place or Quaker Crossing, now are choosing places in the Bellesario, Elk Terminal, etc.

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pit, congrats, your sharp eyes caught a sentence I didn't say something like mostly.

My point remains that by far most of Lafayette's occupants and customers won't be choosing between downtown vs. sprawl country. I'll be surprised if any are making that choice at that building, but even among all buildings it would be a handful at most. Nowhere near enough to make this tax credit legislation have great economic benefit to Upstate by reducing spending on sprawl as your comment claimed - which is only a very small portion of spending anyway.

You didn't say "great economic benefit" but other advocates have. That's what I was criticizing.

I still don't see any real explanations of what the supposed great economic benefit is. Great emotional benefit to some of you, sure. Great financial benefit to Rocco, etc., maybe Paladino - sure. But what's the great economic benefit to Upstate? If it's so important, shouldn't they be able to easily say what it is?

replied to Armchair MBA
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Whatever>"But what's the great economic benefit to Upstate? If it's so important, shouldn't they be able to easily say what it is?"

Greater efficiency through higher density. More people living in neighborhoods where automobile transportation is an option rather than a requirement means less need for infrastructure upkeep, sprawl subsidies, environmental remediation etc. The preferred model of building outward and letting the central city rot is wasteful, expensive, and harmful to the environment.

Whatever>" Nowhere near enough to make this tax credit legislation have great economic benefit to Upstate by reducing spending on sprawl as your comment claimed - which is only a very small portion of spending anyway."

You are overstating the negatives historic tax credits while downplaying the costs of the sprawl alternative. Remember, in most cases, the $ the state and fed forgives to provide incentive for rehabs would not be collected had the work not been done. That doesn't sound like much to spend to make the region more cost efficient, accessible, and cleaner. Sprawl subsidies like construction of extravagant highways, needless roads and utilities require millions in cash for both their construction and infinite upkeep and encourage more sprawl by steering people to now crowded rural areas.

As I have stated, and you alluded to earlier, what side of the sprawl vs rehab debate one takes is rooted in personal preference. I can understand those advocating government direct money away from rehabs towards various sprawl subsidies may like depending on their car for everything, equate the argument to an irrelevant notion of patriotism, or just think a detached home or mall is prettier than a multi-family dwelling or commercial district. But that preference alone is not a good enough reason to continue such an inefficient and expensive "growth" model.

replied to whatever
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By the way. Erie county added a couple hotels last year including one downtown and the occupancy rate went UP - Erie county hotel occupancy remains above the national average. If the proposed new hotels were added and not one additional visitor rented a room Buffalo would still remain above the national average for occupancy.

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