Memorandum of Support A.7045 (Buttenschon)/S.5959 (May)
Click here for a PDF of this letter.

The Preservation League of New York State is New York’s statewide historic preservation nonprofit. We write in support of Bills A.7045/S.5959 relating to the meetings of the Canal Recreationway Commission.

As New York State’s only statewide historic preservation nonprofit organization, the Preservation League invests in people and projects that champion the essential role of preservation in community revitalization, sustainable economic growth and the protection of our historic buildings and landscapes. We lead advocacy, economic development and education programs across the state and partner with local preservation organizations throughout New York. In 2019, we listed the NYS Canal System as a statewide Seven to Save to highlight the need for New York State to prioritize stewardship of its National Historic Landmark canals as an intact, fully-navigable international waterway for present and future generations.

The Canal Recreationway Commission was founded in 1992 upon the creation of the New York State Canal Corporation. Its members include individuals involved in canal use, development, preservation, enhancement, and local governments from counties adjacent to or intersected by the Canal System. Following its creation, the Commission prepared and adopted the Canal Recreationway Plan in 1995. This plan focused on four primary elements: Canal Harbors, Canal Service Port and Lock Projects, the Canalway Trail, and a Canal System Marketing Plan.

Successful completion of the 1995 Canal Recreationway Plan, which laid the groundwork for our recently completed and hugely successful Empire State Trail, while celebrating the canal system as an operating waterway, provided a roadmap for the Canal System to transform from a predominantly commercial waterway to the vibrant, popular, scenic, economically viable, multifaceted resource we know today. The Canal Harbors and Service Ports created as a result of the 1995 plan created economic activity throughout the corridor, particularly in the cities of Schenectady, Syracuse, Rochester, and Buffalo.

We believe the three fundamental goals of the Canal Recreationway Commission, preserving the best of the past, enhancing recreational opportunities, fostering appropriate and sustainable economic development, mirror those of the Reimagine the Canals effort and support the work of the NYS Canal Corporation today.

The Canal Recreationway Commission currently meets subject to the call of the chairperson. By setting a regular quarterly meeting schedule, this bill will establish consistency and give the Commission the tools to focus on important future planning efforts to support our Canal System and chart a new path forward, supporting our National Historic Landmark Canal System’s ability to leverage the economic benefits of tourism, recreation, and commercial use now and into the future.

Ask your NY Representatives to sign the Historic Preservation Fund (HPF) FY22 Dear Colleague Letter

Don’t let historic preservation get left behind in this year’s appropriations process to determine Fiscal Year 2022 funding levels! Please contact your New York Congressional Representatives today to request they sign-on to the FY22 HPF Dear Colleague Letter requesting $150 million in funding for the HPF.

Find your New York Representatives and contact them ASAP! The deadline for signatures is April 28.

Thank you to the NY Congressional Reps who have signed (as of 4/22), including Representatives: Thomas Suozzi, Kathleen Rice, Antonio Delgado, Brian Higgins, Joseph Morelle, Jerrold Nadler, Paul Tonko, Nydia Velázquez, Hakeem Jeffries, and Mondaire Jones!

This bi-partisan effort is led by the co-chairs of the Historic Preservation Caucus, Rep. Earl Blumenauer (D-OR) and Rep. Michael Turner (R-OH). If your Representative is not a member of the Preservation Caucus, please also ask that they consider contacting Representative Turner or Blumenauer’s staff for more information and to join.

Preservation advocates nationwide made this a priority at the 2021 National Preservation Advocacy Week in DC and now its your turn to show your support! The request includes:

• $60 million for State Historic Preservation Offices (SHPOs)

• $24 million for Tribal Historic Preservation Offices (THPOs)

• $20 million for the Save America’s Treasures grant program

• $10 million for competitive grants for Historically Black Colleges and Universities

• $9 million for the Paul Bruhn Historic Revitalization grants

• $1 million for a competitive grant program to survey and document historic resources

• $19 million for African American Civil Rights Initiative Competitive Grants

• $7 million for the newly established competitive grants programs to preserve the sites and stories associated with securing civil rights for All Americans

• Support for funding the Semiquincentennial grant program to preserve historical sites commemorating the 250th Anniversary of the United States of America…a commemoration that we at the League are already looking forward to!

If you haven’t already done so, please ask your NY Representatives to sign on as a co-sponsor of the new version of the HTC-GO legislation (H.R. 2294).

Contact your Representatives today to let them know these are incentives that are important to you, your organization, business, or community. Learn more about this legislation and tips on crafting your ask.

A big thank you to our New York regional preservation colleague organizations for signing our support letter for H.R. 2294, and promoting historic preservation as part of the solution to aid in nationwide post-pandemic economic recovery!

On April 6, 2021, Governor Cuomo and the NYS Legislature reached their final budget agreements. We are incredibly grateful to the legislature and governor for their commitment to historic preservation, reflected in multiple budget initiatives. Please join us in thanking the Governor, NYS Assembly, and NYS Senate for their support. And thank YOU to all who called and wrote your legislators and the governor's office to express your support for historic preservation!

NYS Historic Tax Credit Small Project Access Improvement

Thank you to the Legislature and Governor for increasing the NYS Historic Tax Credit for small projects. This improvement will help small business and Main Street building owners rehabilitate their historic buildings, while ensuring that the NYS Historic Tax Credit serves as an incentive throughout our upstate urban centers, by increasing the NYS Historic Tax Credit from 20% to 30% for small projects under $2.5 million.

We were proud to support the Assembly and Senate bills that laid the groundwork for budget passage, A.3670 (Woerner) and S.4439 (Kennedy). Last year in NYS a job was created for every $12,000 of Historic Tax Credit investment. As part of economic recovery, improving program access to small projects will create community revitalization, sustainable economic growth, and the protection of historic buildings and landscapes.

A big thank you to our legislative supporters, who have championed this initiative for over two years. In the Assembly, those supporters include prime sponsor Assemblywoman Carrie Woerner and bill co-sponsors Assemblymembers Steve Englebright, John McDonald, Sarah Clark, Michael Durso, William Magnarelli, Donna Lupardo, Patricia Fahy, Steven Otis, Pamela Hunter, Robert Smullen, and Karl Brabenec. In the Senate, our supporters include prime sponsor Senator Timothy Kennedy and bill co-sponsors Senators José Serrano, Elijah Reichlin-Melnick, Anna Kaplan, Samra Brouk, Michelle Hinchey, Neil Breslin, Mike Martucci, and George Borrello.

Protecting the NYS Canal System

Thank you to the NYS Legislature and Governor Cuomo for coming together to protect our National Historic Landmark NYS Canal System. We appreciate their intentional omission of the Governor's 30-day amendment that would have disbanded the Canal Recreationway Commission while creating a duplicative new public benefit corporation and increasing the NY Power Authority's bonding ability.

With these proposed substantive changes to our National Historic Landmark NYS Canal System off the table for now, we look forward to engaging in open discussion about the future of our historic Erie, Champlain, Oswego, and Cayuga/Seneca Canals.

Stopping Urban Renewal at Penn Station

The NYS Assembly and Senate have negotiated with the Governor's office to rein in the proposed "Empire Station" complex surrounding Penn Station. As proposed by Governor Cuomo, this project would have leveled multiple blocks surrounding Penn Station. These blocks are currently home to countless small businesses, the last remaining McKim Mead and White building associated as part of the original Penn Station, an 1872 church and convent, and the many small mixed-use buildings that form the fabric of New York City.

The final Capital Projects Appropriations bill does not allow the appropriated $1.3 billion to be spent on any above-ground development, but only in "furtherance of the Empire Penn Expansion or other transportation improvement projects."

Thank you all for supporting historic preservation and the Preservation League. Please consider contacting your state legislator and the governor's office to share your appreciation for their leadership in recognizing the importance of preservation in New York State's economic recovery.

Join us in reminding our New York Congressional Representatives that historic preservation can provide opportunities to aid in nationwide economic recovery as we look towards our post-COVID-19 future.

Urge your Representative to Cosponsor HTC-GO. Thank you to NY Representative Brian Higgins for leading the way on this important legislation!

What’s in the New Version of the HTC-GO Legislation?

Temporary Provisions

The HTC-GO legislation (H.R. 2294) temporarily increases the rehabilitation credit (IRC § 47) to address projects impacted by the pandemic.

• This provision increases the HTC percentage from 20% to 30% for 2020 through 2024.

• The credit percentage is phased down to 26% in 2025, 23% in 2026, and returns to 20% in 2027 and thereafter.

Justification: Developers and building owners are experiencing challenges in rehabbing historic buildings. The financial markets have slowed, making it difficult for projects to access capital and stalling complex historic real estate developments. The increased volatility in the market and project risk is forcing banking institutions to decrease their loan frequency and the overall amount while tightening underwriting requirements. Increases in material and construction costs and an uncertain tenant market have further impacted potential developments. As a result, many projects have stalled or are no longer feasible.

Permanent Provisions

• Increases the credit from 20% to 30% for projects with less than $2.5 million in qualified rehabilitation expenses, making it easier to complete small rehabilitation projects.

• Lowers the substantial rehabilitation threshold, making more buildings eligible to use the HTC.

• Eliminates the requirement that the value of the HTC must be deducted from a building’s basis (property’s value for tax purposes), increasing the value of the HTC and making it easier to pair with the federal Low-Income Housing Tax Credit.

• Makes the HTC easier to use by nonprofits for community health centers, local arts centers, affordable housing, homeless services, and others by eliminating IRS restrictions that make it challenging to partner with developers.

Justification: The above provisions would make important changes to the HTC to encourage more building reuse and redevelopment nationwide and would particularly benefit small, midsize, and rural communities. These provisions would not only make the credit easier to use and more historic properties eligible, but it would also enhance the value of the HTC and make the credit easier to use to create affordable housing.

Contact your reps today to let them know these are incentives that are important to you, your organization or business, and community. The National Trust for Historic Preservation (NTHP), The National Trust Community Investment Corporation (NTCIC), and the Historic Tax Credit Coalition (HTCC) are pushing hard for these inclusions, with support from the Preservation League of NYS in New York, but your representatives need to hear from their constituents!

• Visit the websites of your NY House Representatives and Senators

  • Send a message to your Representative through their website and select “tax” or “taxation” as the issue area.

  • Or call (during office hours) the office of your House Member. Introduce yourself as a constituent and ask for the email address of tax staff.

• Draft your message using the following talking points:

  • Historic Tax Credit projects will help revitalize our communities and support our nation’s economic recovery. Many projects continue to experience profound challenges on-site and in the financing realm, due to the pandemic.

  • Now is the time to strengthen this proven incentive to address the slowdown in rehabilitation projects across the country, particularly smaller projects in our main street communities and downtowns.

  • Would the Representative please cosponsor the Historic Tax Credit Growth and Opportunity Act, sponsored by Rep. Blumenauer and Rep. LaHood?

  • These provisions were included and passed in the House Infrastructure bill (H.R. 2) in July 2020. Please look for opportunities to include these provisions in future infrastructure legislation.

  • Note any examples you may have that describe obstacles that local HTC projects have faced during the pandemic, such as delays, extra costs incurred onsite, and project financing difficulties and describe how projects would benefit from a temporary provision that increases the HTC from 20% to 30% (like leveraging more investor equity etc.) and explain how the permanent HTC provisions in the House-passed infrastructure bill would help projects and contribute to the economic recovery.

You may wish to share the HTC Fact Sheet and related legislation with Congressional Offices and review the project lists in your region.

For further assistance with your advocacy, contact: NTHP, NTCIC, HTCC, or PLNYS:

• Mike Phillips, mphillips@ntcic.com

• Shaw Sprague, ssprague@savingplaces.org

• Patrick Robertson, probertson@confluencegr.com

• Erin Tobin, etobin@preservenys.org

• Christina Hingle, chingle@preservenys.org

Looking for a recap on how we got here? Catch up with the recording of the January 26 New York federal advocacy webinar.

In case you missed it...Biden tosses former president Trump's classical architecture order. Read more.

The letter below regards the proposed Kings Landing II in Troy. The League urged the Planning Commission to declare that the proposed project will adversely effect the National Register-eligible historic district and to reject the developer's initial Environmental Assessment Form (EAF) for a fuller Environmental Impact Statement. Happily, the Troy Planning Commission supported the neighborhood and Preservation League's position and rejected the EAF at their meeting on Thursday, March 25, 2021. Click here for a PDF of the League’s letter.

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March 25, 2021

Honorable Dierdre Rudolph, P.E., Chair
Board Members of the Troy Planning Commission
433 River Street
Troy, NY 12180
Re: Kings Landing Proposal

Dear Ms. Rudolph,

I write on behalf of the Preservation League of New York State regarding the proposed King’s Landing II Apartments, the 5 story, 62-unit building proposed by the BDC group at Federal Street and Fifth Avenue in Troy, case # PC 2020-0011. The Preservation League is New York’s statewide historic preservation nonprofit, serving each of New York’s 62 counties, supporting our local advocates and effective preservation policies.

In particular, we wish to call the Planning Commission’s attention to the project’s proposed demolition of four National Register-eligible historic buildings. The NYS Historic Preservation Office declared a National Register-eligible historic district along 5th Avenue from Federal to Jacob Streets. At that time, they also noted the adverse effect this building would pose on the entire block of historic buildings.

The Planning Commission must issue a positive declaration of adverse effect as part of its State Environmental Quality Review Act responsibility. We ask the Troy Planning Commission to compel the developer to investigate alternatives to their current proposal. These alternatives should include the potential to rehabilitate and adapt the existing historic buildings for the new use and alternative siting for any new construction.

Thank you for your consideration and please do not hesitate to contact me with any questions.

Sincerely,

Jay DiLorenzo
President

The League submitted these comments in support of landmarking 50 West 13th Street in Manhattan, a campaign spearheaded by our colleagues at Greenwich Village Society for Historic Preservation.

According Village Preservation’s website:

This 1846-47 row house possesses an incredibly rich history which spans the 19th and 20th centuries. From 1858 to 1884, it was home to Jacob Day, one of New York’s most wealthy and successful 19th century African American businessmen and real estate owners, crusader for African American civil rights, and a prominent supporter of African American institutions.

Beginning in 1972, 50 West 13th Street was also home of the 13th Street Repertory Company, one of New York’s oldest “Off -Off Broadway” theaters. The theater, and several which occupied the space before it, hosted decades of prominent actors, directors, artists, designers, and playwrights, as well as Off-Off Broadway’s longest-running show ever, “Line.” Village Preservation is seeking landmark designation for the house to save it from demolition following the death of the theater’s owner.

Click here for a PDF of the League’s letter of support.

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March 22, 2021

Commissioner Sarah Carroll, Chair
NYC Landmarks Commission
1 Centre Street, 9th Floor
New York, NY 10007
Re: In support of landmark designation of 50 West 13th St.

Dear Chairwoman Carroll,

On behalf of the Preservation League of New York State, I write in support of the evaluation of 50 West 13th St. as an individual landmark. This site contains significant history deserving of protection under the rule of the Landmarks Preservation Commission.

With the passing of owner Edith O’Hara, of the 13th Street Repertory Company which occupies the building, we are concerned for the future of the building and its rich cultural history. Built in Greek revival style c. 1846-47, it retains its original form and many architectural details such as the ogee arches at the window lintels, a bracketed metal cornice at the roof, parlor floor windows, and cast-iron portico with a hipped metal hood. Local lure also points to a hidden passageway in the building rumored to be connected to the underground railroad. While other theories may indicate use as a speakeasy.

Recently, it was discovered this building had a strong link to African American history. Between 1858-84, Jacob Day was one of New York’s most prominent African American businessman and Abolitionist. During his time residing at the property were historic times spanning the Underground Railroad, the Civil War, Draft Riots, Emancipation and the adoption of Amendments 13, 14, 15, and Reconstruction efforts, which Mr. Day was active in.

When the building was altered to include a theater in 1958, the so-called “off-off Broadway” theater took on important social & cultural history. Under Edith’s direction, it championed upand-coming artists, including Bette Midler, Barry Manilow, Chazz Palminteri, Amy Stiller, Jamie DeRoy, Richard Dreyfus, and Christopher Meloni.

The history that resides within the walls of this building is something we believe should be further explored and retained for future generations. From the architecture to the history of Mr. Day as a prominent African American resident, to potential Underground Railroad connections, as well as the cultural significance of the off-off Broadway decades- 50 West 13th St. runs the gamut of historic importance we seek to celebrate.

Please feel free to contact me with any questions you might have.

Sincerely,

Jay DiLorenzo
President

On March 9, 2021, Senator Jose Serrano’s bill S.1364 passed the NYS Senate. This important legislation brings us one step closer to establishing a successful resident curator program in New York State. This legislation would create a public/private partnership geared towards rehabilitation of underutilized buildings owned by the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) through private investment. Through this initiative, OPRHP-owned buildings that no longer support the agency’s mission and goals can be rehabilitated, finding new life and contributing to the historic fabric of our state.

S.1364 replaces former bill number S.1558, which the League advocated for in 2019.

The League thanks the Senator for his commitment to historic preservation initiatives, as well as the co-sponsors of this legislation, Senators John Mannion and Diane Savino.

Multiple states across the nation have created successful resident curator programs. In Maryland, almost 50 historic state-owned properties have been restored or are currently under restoration under their Resident Curatorship Program.

The League will continue working with all stakeholders while advocating for this legislation. We encourage the NYS Assembly to prioritize this legislation, which will ease the demand for New York State funds.

On Saturday, March 13, the New York State Assembly and Senate released their FY2022 budget bills.

The Preservation League was thrilled to see that the Assembly included the NYS Historic Tax Credit increase for small projects in their budget bill. This provision will improve Historic Tax Credit access for buildings on our Main Streets and the small two and three-story apartment houses in our villages and urban neighborhoods. The Historic Tax Credit is also a proven job creator, with one job for every $12,000 of revenue investment.

Thank you to our lead sponsor, Assemblywoman Carrie Woerner, as well as Assemblymembers Englebright, McDonald, Clark, Durso, and Magnarelli, who co-sponsored the bill introducing this NYS Historic Tax Credit improvement. We look forward to working with them and our friends in the NYS Senate to support this improvement in the final negotiated NYS Budget.

We were also relieved to see that both the Assembly and the Senate intentionally omitted the Governor's 30-day amendment that disbanded the Canal Recreationway Commission while creating a duplicative new public benefit corporation and increasing the NY Power Authority's bonding ability.

Thank you to the legislators on both sides of the aisle that came together to protect our National Historic Landmark NYS Canal System.

What can you do to ensure these actions are included in the final budget?

Please contact your legislators and thank them for protecting our National Historic Landmark NYS Canal System and underscore the importance of expanding access for the NYS Historic Tax Credit for small projects. 

The League joined with other preservation colleagues from around the state, including representatives from the New York Landmarks Conservancy and the New York State Historic Preservation Office for a week of virtual Congressional meetings to advocate for preservation to our NY Representatives.

Among the asks:

• $150 million appropriation towards HPF Funding for 2022;

• Urging to join the historic preservation caucus; and

• Improvements to the federal historic tax credit (HTC) program with the goals of bringing more value to HTC transactions and encouraging redevelopment of smaller, income-producing properties and increasing the credit from 20-30%.

Nationwide, 200 meetings were attended over the course of the week and advocates from 42 states were represented. A great showing of advocacy for historic preservation!

The following letter (click here for the PDF version) was sent to Mayor de Blasio, Marisa Lago (Chair, NYC Department of City Planning), Manhattan Borough President Gale Brewer, and City Councilmembers Corey Johnson (NYC City Council Speaker), Margaret Chin (District 1), Carlina Rivera (District 2), Rafael Salamanca Jr. (Chair, NYC Council Land Use Committee), Francisco Moya (Chair, NYC Council Zoning and Franchises Subcommittee), and Adrienne Adams (Chair, Landmarks, Public Sitings, and Dispositions).

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I write on behalf of the Preservation League of New York State, New York’s only statewide historic preservation nonprofit organization, regarding your proposed rezoning of the SoHo and NoHo historic neighborhoods. The Preservation League invests in people and projects that champion the essential role of preservation in community revitalization, sustainable economic growth and the protection of our historic buildings and landscapes. We lead advocacy, economic development and education programs across the state and partner with local preservation organizations throughout New York. The Preservation League stands with our New York City-based preservation colleagues in calling on the city’s administration to reconsider the proposed SoHo/NoHo upzoning.

As demonstrated in a recently-released report by Village Preservation, experience has shown that upzoning neighborhoods consistently does not meet the city’s projected number of new affordable housing units. Village Preservation’s analysis projects that the proposed upzoning in SoHo and NoHo would disproportionately displace the neighborhoods’ Chinese and Chinese-American residents while creating a more socio-economically homogeneous neighborhood. While the millionaires who own their buildings are not at risk of displacement, owners of affordable four to six-story apartment buildings will have a tremendous incentive to sell their property for high-rise development.

We do support the neighborhood’s Community Alternative Rezoning Plan for SoHo and NoHo, which would establish more robust financial incentives for creating affordable housing, using open lots or underdeveloped sites. This plan preserves the current affordable housing within SoHo and NoHo, while supporting the creation of additional affordable housing units. It would also slow the development of ultra-luxury residential units that would inevitably result from the current rezoning proposal, and which we have seen explode throughout New York City under increased upzoning.

Far from being obstructionists, preservation organizations in New York City wish to maintain income diversity and grow affordable housing throughout New York’s neighborhoods. Unlike the real estate development community, preservationists wish to see this happen in a thoughtful evolution that truly answers the need for increased affordable housing units, not merely catering to luxury high-rise developers.

Please reconsider this upzoning proposal and instead look to the Community Alternative as a way to increase affordability in SoHo and NoHo. New York’s diverse neighborhoods and local businesses make it great and have led to its success. This proposal would forever change one of New York’s most iconic and historic neighborhoods.

Thank you for your consideration. Please do not hesitate to contact me with any questions.

Sincerely,

Jay DiLorenzo
President