Legislation recently enacted by New York State as part of its budget process directly offers the prospect of preserving several thousand affordable housing units at risk for losing their tenant protections, and indirectly raises the question of why an obvious set of tools aren’t being used to change the day-to-day reality of luxury condominium buildings being developed with zero percent affordable units included.

A large percentage of municipalities in Westchester and Nassau Counties — two of the beating hearts of exclusionary zoning in the New York City metropolitan area — are saying in effect, “No, thank you, we like our exclusion just the way we have it.” The lack of progress is especially apparent in municipalities with the lowest percentages of non-Hispanic Black residents.