Using Publicly-Owned Land To Advance Sustainability and Equity in Buffalo
Using Publicly-Owned Land To Advance Sustainability and Equity in Buffalo
Using Publicly-Owned
Vacant Land to Advance
Sustainability and Equity
in Buffalo, New York
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Contents
Brief Summary ......................................................3
Findings...................................................................4
Recommendations..................................................6
Introduction............................................................8
Scope, Ownership.................................................12
Costs......................................................................13
Reuse Strategies....................................................14
Regulatory Framework and Planning...................52
Below-Market Disposition.....................................61
Community Planning and Decision Making........64
Appendix A:..........................................................67
Appendix B:..........................................................68
Appendix C:..........................................................70
Acknowledgments.................................................74
Endnotes...............................................................75
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Brief Summary
The City of Buffalo owns roughly 8,000 vacant
lots. Over 3,000 acres of land, these vacant
parcels are largely the result of historic
discriminatory land policies, which encouraged
white flight and left thousands of empty homes
vulnerable to demolition. When the dust
settled, the City found itself with thousands of
vacant lots, many of which it has not sufficiently
maintained ever since. Examples from Buffalo
and around the nation prove, however, that
vacant urban land can be repurposed for
affordable housing, community gardens, urban
farms, parks, playgrounds, trails, green
infrastructure, public art, and other beneficial
uses. These reuses generate jobs, improve
neighborhoods, and attract more residents and
visitors, thus helping rebuild the City’s tax base.
The City should work with residents and
community groups
to create a plan for its vacant land focused on
equity and sustainability, and it should enact
policies to clean and green publicly-owned
properties and make them available for
neighborhood-led uses.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
4
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
ed
ential
City-owned
vacant lots
mercial Map of City-Owned Parcels, Showing Concentration of Vacant Lots on the East Side (Map from Buffalo Urban Renewal Agency).
munity 5
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Recommendations
making.
Block club and community garden leaders, local
nonprofit agencies, and the City should collaborate
Cities around the country are
with Buffalo residents to explore the potential reuse of lamenting that they did not make
vacant lots for public benefit. Each neighborhood in better use of their vacant lots while
the city should be provided a map of the publicly
owned land in the neighborhood. Community-led they had the chance; Buffalo has a
decision making, based on residents' ideas and critical opportunity to learn from
priorities, should drive the use and transformation of
vacant lots. their experience and become a
national leader in vacant land policy.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Introduction
Questions about the control and use of land are central to the fate of any
city and any discussion of equity. Buffalo was built on land expropriated –
through violence, fraud, and a string of broken treaties – from the Seneca
nation. Over time, many people have come to Buffalo – often participating
in waves of migration or flight from other countries, the southern United
States, and Puerto Rico. How each group has fared has depended in part on
their access to land and real property. Federal, state, and local policies such
as redlining, exclusionary zoning, and the subsidizing of sprawl have
generated inequality and facilitated exploitation.
Buffalo’s intense poverty and its old, energy-inefficient housing stock have
created a crisis-level problem of unaffordable and unsafe housing, with half
(49 percent) of renter households paying more than they can afford for their
housing, and roughly one third (30 percent) spending more than
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Rising prices also make it more challenging for nonprofit agencies to In 2018, a
convert vacant properties to affordable housing, community gardens, and
urban farms. From 2008 to 2015, affordable housing organization PUSH
speculator bought a
Buffalo was able to acquire dozens of vacant lots, mostly at the City’s vacant lot on the
foreclosure auction, for $500 or less. That is no longer possible. To give an West Side at the
example, three of the lots PUSH bought for $500 (160 Congress, 174
Hampshire, and 217 Massachusetts) are now appraised at $37,000,
foreclosure
$22,200, and $25,900, respectively. For its Westside Homes project, PUSH auction for $8,500
is buying 11 vacant lots from the City’s Division of Real Estate for prices and then listed it for
ranging from $22,200 to $51,800, for a total cost of $405,900.11 Inevitably,
the more PUSH has to pay for properties, the fewer units of green
sale at $60,000.
affordable housing it can build.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Ironically, though, one of Buffalo’s most severe problems is also one of its
greatest assets. While the City is cash-poor, it is land-rich; it now owns
roughly 8,000 vacant parcels of land, which are heavily concentrated on
the East Side. Examples from Buffalo and around the nation show that
publicly-owned land can be used to promote equity and sustainability in
a wide number of ways, including green affordable housing, community
gardens, urban farms, parks and playgrounds, public art installations,
bike and pedestrian paths, renewable energy, and green infrastructure.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Naturally, any city is reluctant to forgo revenue from selling lots. As this
report will make clear, however, green and equitable redevelopment will, in
the long run, help to rebuild Buffalo’s tax base and lower its costs better
than uncontrolled, scattershot speculation and development. Strategic
reuse will raise the value of surrounding properties, make Buffalo more
appealing to potential businesses, residents, and visitors, and increase the
value of the lots that remain in the City’s inventory.
Now is the time for Buffalo to make wise use of its most important asset
before it is privatized. Cities around the country are lamenting that they
did not make better use of their vacant lots while they had the chance;
Buffalo has a critical opportunity to learn from their experience and
become a national leader in vacant land policy. Vacant land policy can do
many things. It can fuel disinvestment and allow municipal neglect; it can
facilitate gentrification and displacement. Done right, however, it can be an
important tool in redressing systemic harms and inequities and in creating
neighborhoods that work for all their residents.
Scope, Ownership
According to an analysis by geographer Jason Knight, as of December
As of 2019 the City
2018 there were approximately 13,779 vacant residential lots in Buffalo.13
These vacant lots represented 14.7 percent of the total number of real and related agencies
property parcels in the city and 16.8 percent of all residential properties.14 owned 7,918 vacant
The vacant land in Buffalo amounts to some 3,300 acres.15 For
lots in Buffalo.
comparison, this is larger than all of North Buffalo (the quadrant of the
city north of the Scajaquada highway, west of Main St., and east of
Military Road), which comprises 3,200 acres.16 According to figures from
the City, as of 2019 the public owned 7,918 vacant lots, mostly through the
City’s Division of Real Estate (7,629), but with some parcels held by other
City departments, the School Board, or various public authorities (this does
not include land owned by the state, federal government, or other public
authorities).17 See Appendix A for more information.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Costs
Maintenance. Mowing, cleaning, and maintaining vacant lots costs cities
money – particularly when they become magnets for dumping and other
illegal activities. A 1999 study of vacant lots in Philadelphia estimated
that the city and related public agencies spent $1.8 million annually
on maintaining vacant lots. The study likely underestimated costs, as it Frustrated by the
included only five out of the fifteen agencies that have a role in vacant
property management.18 As this was over twenty years ago, inflation and City's under-
other rising costs mean that today’s figure would be much larger. It is maintenance of the
also important to note that some of the costs of maintaining vacant lots lots, nearby residents
are displaced onto nearby residents, block clubs, and others who, often
frustrated by the City’s under-maintenance of the lots, do their own and block clubs do
mowing, weeding, garbage pick-up, and other tasks on publicly-owned lots. their own mowing,
Reduced property values. Vacant properties sharply reduce the value weeding, garbage
of nearby properties. Studies in Philadelphia and Columbus have found pick-up and other
reductions of 20 percent or more in property value.19 Another report on tasks on publicly-
Philadelphia estimated a total of $3.6 billion in reduced household wealth
from proximity to vacant properties.20 As Alan Mallach notes, “all it takes owned lots.
is a small increase in vacancies to trigger a much bigger drop in house
prices.” A study of Toledo found that, in addition to costing the city $3.8
million per year in direct costs, vacant properties resulted in $2.7 million
per year in lost tax revenues from the vacant properties themselves, $98.7
million in lost property values, and $2.68 million in lost tax revenues from
adjacent properties.21 Given Buffalo’s racial segregation and the
concentration of lots on the East Side, this hurts people of color
disproportionately and prevents them from building wealth through
appreciated home values.
Public health. Vacant lots often become the locus for illegal dumping
and litter, unwelcome rodents, and other unhealthy and demoralizing
problems. They can make residents feel that they live in a neighborhood
that has been abandoned and that is in decline, which can cause stress,
depression, and a loss of civic cohesion.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Reuse Strategies
CLEAN AND GREEN
The first step in Buffalo’s vacant land strategy should be to clean and
green as many lots as possible – aiming to address every vacant lot within a
certain number of years. Cleaning and greening is essentially the cheapest
way to turn a deficit into an asset. It generally involves removing trash
and debris, planting and maintaining grass or other groundcover, and
adding a simple wood fence to the front of the property. These steps turn a
neglected lot and public health threat into a pleasant green space that is
clearly cared for.
The City of Philadelphia has the nation’s leading clean and green The Philadelphia
program. The Pennsylvania Horticultural Society (PHS) Philadelphia
LandCare program maintains approximately 12,000 lots (30 percent of the
LandCare program
vacant lots in the city).24 LandCare contractors work on new lots in spring has cleaned
and fall and service existing lots 14 times per year, from April to October. and greened
PHS works with 18 community organizations, hiring local residents to
work in their neighborhoods. PHS also runs a Roots to Re-entry program,
approximately 12,000
which has hired and trained more than 25 formerly incarcerated people, lots in Philadelphia
adding 2,000 more parcels to the LandCare inventory. According to PHS, (30 percent of the
it costs roughly $1500 to “clean and green” each lot, while bi-weekly
mowing and maintenance cost $300 a year.25
vacant lots in the city).
LandCare works mostly on publicly-owned lots, but it can also address
privately owned lots if the owner is failing to maintain the premises. The
City will issue a notice giving the owner 10 days to clean up the lot. If the
owner fails to do so, the City gives PHS access and then bills the owner for
the services, making any unpaid bills a lien on the property that must be
paid if it is sold. This also functions as a way to get properties out of the
hands of irresponsible owners.26
A study of LandCare
The PHS program has proven its benefits in many studies. Green spaces found a 13 percent
are good for mental health, just as blighted spaces are bad. In one study of
Philadelphia, residents living near lots that had been cleaned and greened
reduction in crime
experienced a 40 percent decrease in feelings of depression.27 LandCare in surrounding
has also reduced crime, both by improving locations that had been used neighborhoods,
for crime, and by encouraging people to go outside more, thus providing
more “eyes on the street.” One study of the program found a 58 percent
with a 29 percent
reduction in people’s fear of going outside and a 76 percent increase in reduction in
their use of outside spaces.28 The study found a 13 percent reduction in gun violence, 22
crime overall, with a 29 percent reduction in gun violence, 22 percent
reduction in burglary, and a 30 percent reduction in nuisances. The
percent reduction
researchers estimated that the city would experience 350 fewer shootings in burglary, and a 30
each year if every vacant lot were cleaned and greened. The Philadelphia percent reduction in
experience makes a strong case that a large clean and green program pays
nuisances.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
for itself. Not only does it produce more community benefits than it costs,
but it also improves municipal finances by enhancing the property tax
base while reducing public safety and health costs.
Buffalo does not yet have a true clean and green program, but it has many
of the elements in place, and many examples of the beneficial impact
PUSH Buffalo has
of cleaning and greening. The City and the Buffalo Sewer Authority renovated over
collaborated on a demonstration green infrastructure project, described 100 vacant lots,
later in this report, which greened 224 post-demolition lots and created 53
jobs.29 PUSH Buffalo has renovated over 100 vacant lots, using a variety
using a variety of
of strategies, including gardens, green infrastructure, public art, strategies, including
playgrounds, and a Philadelphia-style clean and green that includes gardens, green
clearing debris, grading, seeding the lot with grass, and marking it with a
simple wooden fence and plantings. The six fence posts and 30 feet of
infrastructure, public
lumber cost about $200, or $1,000 if professionally installed.30 art, playgrounds,
PUSH has seen many benefits from its vacant lot work. When they clean
and a Philadelphia-
and green a lot, the incidence of illegal dumping of things like sofas, as style clean and green
well as daily littering, drops dramatically, and the lot becomes a safe place treatment.
for neighbors to gather and children to play.31 PUSH cleaned and greened
a vacant lot near Grant and West Delevan, which became a place where
youth at the Grant Street Community Center could play soccer.32 PUSH’s
vacant lot work is popular with neighbors, who, at community meetings,
frequently voice the lack of green space for recreation as a top concern.33
Bryana DiFonzo, director of new economy at PUSH, says, “when you
tend to the green spaces, people in the neighborhood really notice; they
appreciate that someone is caring for the land – especially if they see
people they know, or people who look like them, doing the work.”34
The City of Buffalo contracts for some of its vacant lot maintenance with
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
CEO, a non-profit agency that offers jobs and job training to people who
were formerly incarcerated. In addition, the City operates a large Mayor’s
Summer Youth Program, which already does some vacant lot maintenance
and offers a natural source of seasonal labor for a clean and green
program. Both CEO and summer youth programs have been proven to
offer excellent returns on investment by reducing recidivism, crime, and
violence.35
In creating a clean and green program, it is important that the jobs pay
well and are linked to education and training. Youth and other workers
who care for lots can learn about the ecological and community benefits of
their work, and view it as meaningful public service and a career ladder.
Programs like Groundwork, the Massachusetts Avenue Project, and PUSH
offer excellent examples of making caring for land a quality job. All PUSH
Buffalo jobs start at $15 per hour or more, and PUSH employees learn
how their work makes an impact: for example, how polluted stormwater
affects the health of neighborhood residents who fish in the Niagara River.
Bryana DiFonzo at PUSH notes that the workers are proud to be caring
for the neighborhood where they live and gaining the knowledge to do so
effectively.40
Half of the city’s
GREEN AFFORDABLE HOUSING
renters are paying
Perhaps Buffalo’s most pressing need is for green, affordable housing (the
federal government defines housing as “unaffordable” if it costs more than
unaffordable housing
30 percent of a household’s income). Half of the city’s renters are paying costs, and roughly
unaffordable housing costs, and roughly one third are paying over 50 one third are paying
percent of their income for their housing.41 The consequences of this
housing crisis are dire. Over 5,000 people in Erie County experience
over 50 percent of
homelessness each year.42 Buffalo has one of the highest eviction rates in their income for
the nation, with roughly 13 percent of renting households facing a court- their housing.
filed eviction in a given year – nearly all for nonpayment of rent. As
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
The affordable housing developed to meet this need must be green, for two
reasons. The first is the planetary climate emergency, which should take
priority in any consideration of public policy. The negative impacts of
climate change hurt poor communities of color the hardest.48 This means
that preventing climate change is a critical racial equity and economic
equity issue. Residential buildings are Buffalo’s greatest source of
greenhouse gas emissions, contributing 34 percent of the city’s total,
well ahead of industrial uses (24 percent), commercial establishments (20
percent), and personal vehicles (14 percent).49 Green housing is a critical
part of any strategy to bring the city to climate neutrality and to safeguard
frontline residents--those most impacted by climate change, racism, and
economic exclusion.
The second reason for green housing is that high energy bills make housing In Erie County,
unaffordable. Roughly three fourths of Buffalo’s renters pay their own energy costs
utility bills.50 Given cold winters, poorly insulated housing, and New York represent 76.6
State’s high electricity prices, these bills are a major burden.51 In Erie
County, energy costs represent 76.6 percent of household income for those percent of
at or below 50 percent of the federal poverty level.52 Energy efficiency is a household income
vital anti-poverty tool. for those at or below
Green housing is more affordable than non-sustainable housing. A true and 50 percent of the
comprehensive cost/benefit analysis—one that measures not just the costs federal poverty level.
of building or rehabbing a home, but also the costs of operating, repairing,
and, eventually, recycling or demolishing it—shows this to be true.53 Once
health costs to residents and impacts on society at large are factored in, the
case for green housing is overwhelming.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
The Lockport Housing Authority (LHA) won the New York Geothermal
Organization’s GeoStar Top Job competition in 2017 for converting its
Autumn Gardens complex (72 units) to geothermal energy, making it the
third public housing project in the state with geothermal. The Housing
Authority estimates a reduction in energy consumption of 40 percent
from the project, with cost savings of 50 to 75 percent. The new system
also provided affo dable air conditioning in the summer, saving residents
charges for renting window units for their apartments.55 Vacant land can
be useful for geothermal systems: PUSH Buffalo s Net Zero House, which
produces nearly all its own energy with solar photovoltaic power and solar
hot water heating, took advantage of the vacant lot next door to install a
geothermal system.
In 2020 New York State passed the Climate Leadership and Community
Protection Act (CLCPA), which requires zero-emission electricity by 2040
and an 85 percent reduction in carbon emissions by 2050; under the law,
at least 35 percent of the benefits of clean energy and energy efficiency
must go to disadvantaged communities. The Climate and Community
Investment Act (CCIA), currently under consideration by the state
legislature, would help implement the CLCPA by raising $15 billion per
year from carbon pollution fees to help communities adapt to climate
change impacts and make a just transition to renewable energy. This state
legislation could present unprecedented opportunities to create green
affordable housing in Buffalo, and it is important that Buffalo be ready to
act on it.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Solar Panels on Roof of Net Zero House (Photo from PUSH Buffalo)
Other regions in the country are embracing the idea of net-zero affordable The City of
housing, sometimes using vacant lots to site it. In a project called Sheridan
Providence is
Small Homes, the City of Providence is creating five net-zero homes with
rooftop solar panels that supply more energy than they are expected to creating five
consume. It is a pilot for future projects, as the City has identified 250 net-zero homes on
vacant, tax-reverted lots that might be suitable for similar redevelopment.
formerly vacant lots,
The homes will sell for around $140,000, roughly half the construction
cost, which is a typical level of subsidy for affordable housing projects. The and it has identified
homes will include triple-glazed windows, 11-inch thick walls, electric heat 250 more lots
pumps and air exchange systems, and highly insulated roofs, and will be
suitable for green
sited to maximize solar gain. The development will be a condominium,
with joint ownership of the solar panels.58 Appendix A details more affordable housing.
examples of net-zero affordable housing, including a Habitat for Humanity
eco-village in Wisconsin and net-zero public housing in Illinois.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
affordable housing comes with restrictions and requirements that can make
rehab prohibitively expensive, and, until they are reformed, will continue to
push developers toward new construction.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
One promising housing type not yet seen in Buffalo is affordable cohousing.
Cohousing can be defined as an “intentional collaborative community
where the residents own or rent fully equipped, self-contained private
homes or apartments. The compact physical design fosters increased
interaction between residents by incorporating extensive common facilities,
including a community center (common house), pedestrian walkways,
playgrounds, community gardens and open spaces.”60
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Unlike many other cities, Buffalo does not devote any of its property tax
dollars to affordable housing, nor has it passed an inclusionary zoning law
that would require developments of a certain size to include a portion of
affordable units (although the City has recently negotiated for affordable
housing in several of its land sales). For the most part, the City’s support
for affordable housing has been limited to serving as the pass-through
for federal affordable housing programs such as HOME Investment
Partnerships, Emergency Solutions Grants, and Housing Opportunities
for People with AIDS. These federal funds are quite small. The City’s
2020 Action Plan lists $3,342,830 for HOME, $1,204,344 for ESG, and
$819,189 for HOPWA.64
Most affordable housing funding used in Buffalo com s from the New York If the City donates
State Department of Housing and Community Renewal (HCR), generally
through competitive grant applications. Importantly, applicants win points land for affordable
for financial support from local government – including below-market housing projects,
land transfers. Thus, Buffalo could draw more funding to the region, they will be more
and significantly leverage its investments, by doing more below-market
transfers. Transferring properties for $1 does more than remove a cost competitive in
barrier and leverage state and federal dollars. It also aids the nonprofit applying for state
developers by eliminating a major uncertainty – the price of the land. It is affordable housing
difficult to plan developments and apply for funding without knowing
whether the City will agree to sell, and, if it does, what price it will charge. grants.
The City’s property inventory is a critical asset, especially when compared
with the private market. First, it is a large inventory held by a public body.
For an affordable housing developer, that means that instead of searching
for vacant lots, trying to locate their owners, and making them an offer
with no way of knowing how it will be received, the developer should be
able to look through the City’s inventory and pick out lots with listed
prices. But this model depends on the City making it easy to find and
acquire properties through a clear, transparent process.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
before 30 year mortgage is paid off. The family receives half to build their
family’s wealth, and Habitat receives half to reinvest in the next affordable
home it builds.65
Habitat for Humanity Buffalo Constructing Home in Fruit Belt (Photo from WGRZ)
Habitat has completed roughly 327 homes in Buffalo, roughly two-thirds Habitat has
gut rehabs and one-third new construction.66 Approximately 200 of the
Habitat houses are on Buffalo’s East Side, nearly all on land purchased
completed roughly
from the City.67 Whereas in earlier years, the City commonly sold Habitat 327 homes in
abandoned buildings and vacant lots for $1, in recent years, the City has Buffalo, roughly
charged substantially more. Of the 27 properties purchased or being
purchased from the City from 2018 to 2020, Habitat paid the City prices
two-thirds gut rehabs
ranging from $1,300 to $18,000, for a total cost of $171,138, and an and one-third new
average cost of $6,582 per parcel.68 construction.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Land trusts are based on the value of stewardship: the careful, responsible
management of resources. To become stewards of their neighborhoods,
communities must control land and decide collectively how best to use it.
Such stewardship prevents the accumulation of landholdings in the hands
of a few absentee landlords, who may privilege profit over the public good.
One famous example is the Dudley Neighbors land trust, founded in 1984 In Boston, the
in Boston, Massachusetts. Led by residents on Dudley Street, Dudley
Neighbors established community control over 1,300 parcels of Dudley Neighbors
abandoned land in the Roxbury neighborhood. Through the acquisition community land
and management of these lands, Dudley Neighbors redeveloped a once trust controls over
blighted neighborhood without displacing its long-term residents. As of
2014, Dudley Neighbors oversaw 225 units of affordable housing (96 1,300 parcels of
homeowner, 77 cooperative, and 52 rental), as well as a playground, a formerly abandoned
mini-orchard and community garden, an urban farm/greenhouse, and land in the Roxbury
community non-profit office space.77
neighborhood.
Community land trusts offer a more secure way to build and pass on
wealth through home equity. Because of the way they build community
and work with their homeowner-members, land trusts have dramatically
lower rates of delinquency and foreclosure than conventional homes.78
This is particularly important for homeowners of color, whose wealth was
devastated by predatory lending and the Great Recession that it triggered.
African Americans in the United States lost one half of their wealth in the
Recession due to decreased homeownership and unemployment.79 Yet,
during this same housing crisis, land trust loans were four times less likely
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
than conventional loans to be seriously delinquent and eight times less During the Great
likely than conventional loans to be in the foreclosure process. Land
trust support structures—like financial counseling and payment Recession, homes
assistance—likely played a significant role in this achievement.80 in community land
trusts were eight
times less likely
than conventional
loans to be in the
foreclosure process.
Young Advocate for the Fruit Belt Community Land Trust (Photo by Harper Bishop)
The City should support land trusts and other efforts toward community
control and long-term affordability – not just with allocations of free or
low-cost land, but also with funding for staffing, operations, outreach, and
education, to ensure that they reach their maximum potential.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
COMMUNITY GARDENS
Buffalo’s vacant land policy should include steadily expanding its network
of community gardens. Research on community gardens has shown that
they have many benefits, not just for the gardeners but for the
surrounding neighborhoods, the cities, and the planet.
Source: CDC/NCHS, Health Data Interactive and National Health Interview Survey
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Community gardens aid the environment and public health in many ways.
They improve air and soil quality, and, by adding vegetation, reduce the
Community gardens
“heat island” effect that makes cities dangerously hot in summers.84 These improve air and
impacts are particularly important for people with low incomes and people soil quality, and, by
of color, who are more likely to live in neighborhoods with bad air and
soil quality due to the systemic racism and redlining outlined earlier in the
adding vegetation,
report. For example, people with low incomes and people of color have reduce the “heat
much higher rates of asthma than those found among whites and people island” effect
with high incomes.
that makes cities
Gardens improve water quality by soaking up stormwater and keeping it dangerously hot in
out of combined sewer systems. They increase the biodiversity of plants
and animals, attracting beneficial soil microorganisms, insects, birds,
summers.
reptiles, and animals. They help protect birds and butterflies by providing
food, resting spaces, and protection along migratory flight paths. Gardens
reduce waste through their use of composting.85 Finally, they reduce the
pollution that occurs in producing, packaging, cooling, and transporting
produce over long distances.
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USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Gardens promote nutrition in many ways. Gardeners eat fewer sweets and
packaged foods, as they become more knowledgeable about good food
and gain easy access to it.93 Community gardeners eat significantly more
fruits and vegetables than both home gardeners and non-gardeners, and
56 percent of community gardeners meet national recommendations to
consume fruits and vegetables at least 5 times per day, compared with 37
percent of home gardeners and 25 percent of non-gardeners.94 Home-
grown vegetables and fruits can be more nutritious than those trucked
long distances over prolonged time periods. For example, it has been
shown that a 5 to 10 day transportation and storage lag between
production and consumption leads to losses of 30 to 50 percent in some
nutritional constituents.95
Gardening is also good exercise, particularly for older residents and people
with low incomes who may lack access to affordable and safe recreational
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Gerldine Wilson at the Victoria Avenue Community Garden (Photo by Grassroots Gardens)
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residents raised fears that potential luxury condo development on the site
would gentrify their neighborhood and price them out. NeighborSpace will
consult with local residents about how to join the new lot with the existing
El Paseo Community Garden adjacent to it.109
In St. Louis, Gateway Gardens has 140 community gardens in its network,
80 school and youth gardens, and a 2.5-acre farm on publicly owned land
that provides therapeutic horticulture and a jobs training program. Its land
trust includes 17 gardens.110 Grassroots Gardens
In Buffalo, Grassroots Gardens created a land trust in 2017 to begin created a land
improving land security for its gardens. Its initial goal is to gain ownership trust in 2017 to
of at least one garden in each of Buffalo s nine council districts,
prioritizing existing gardens on parcels with the highest risk of being sold.
protect gardens at
Thus far, the land trust has acquired two garden parcels, on York Street risk of being sold.
and Tyler Street, each of which had been privately owned. Unfortunately,
it has been stymied in most of its efforts to buy garden parcels from the
City. The City rejected three purchase offers without explanation and
without discussing potential prices. In March 2020, the City gave
preliminary approval
to sell a garden parcel on the West Side, and the sale is currently being
negotiated.111
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The only City funding Grassroots Gardens received in 2020 came from the
discretionary allocations of one councilmember, plus a small grant from
the Love Your Block program. The City has not prioritized community
gardens in its CDBG funding, as other cities have done. In addition to
providing funding through CDBG or other sources, the City should donate
land to the Grassroots Gardens land trust. This will reduce land acquisition
costs for gardeners, while also providing long-term land security, allowing
them to plan and improve their land to maximize its green and equitable
potential. At the same time, it will aid the City by increasing the value of
surrounding properties and thus rebuild the tax base, while also raising the
value of remaining publicly-owned lots.
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URBAN FARMS
Urban farms, or market gardens, are similar to community gardens, but
they generally sell their produce. Urban farms bring many of the same
environmental and social benefits as community gardens: cleaning and
cooling the air, remediating soil, improving water quality by soaking up
stormwater, growing produce more sustainably, improving nutrition and
other health measures, off ring employment, and reclaiming vacant land
for productive purposes. Urban farms represent an important opportunity
to grow the sector of cooperatively-owned businesses in Buffalo, and, as
shown by the example of Massachusetts Avenue Project and others, they
are natural sites for workforce development.
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In Buffalo, the number of urban farms has grown from less than five to
over 15 in the last ten years.125 These farms often collaborate with each
other, and they vigorously promote public and environmental health.
Over 30 urban growers and agricultural professionals have united in
the Greater Buffalo Urban Growers (GBUG) coalition to advocate for
policy improvements. In February 2020 a large group of urban farmers
and gardeners signed GBUG’s Growers’ Pledge committing to safe and
sustainable practices, including 5 Loaves Farm, African Heritage Food
Coop, Brewster Street Farm, Common Roots Urban Farm, Flat #12
Mushrooms, Grassroots Gardens, Gro-operative, Groundwork Market
Garden, Kubed Root, MAP Urban Farm, Promise Valley, Urban Fruits &
Veggies, Vertical Fresh Farms, Westside Tilth Farm and the Wilson Street
Urban Farm.126
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The MAP Urban Farm at 389 Massachusetts consists of 13 reclaimed MAP’s Growing
vacant lots. The farm includes garden beds, greenhouses, and a rainwater
catchment system.129 MAP now has a farmhouse with a commercial Green Program,
kitchen, cold storage space, and training space. Thanks to the expanded created in 2003, has
space, in 2019 MAP engaged 520 people at the farmhouse, including 170 generated 650 jobs
through growing/farming activities and 229 through food preparation,
cooking, and consumption-related activities.130 The MAP farm is also one for Buffalo’s youth.
of two permanent sites for the City of Buffalo s residential food scraps
recycling program; the scraps are composted for use at the farm. MAP’s
mobile food market is a SNAP and WIC approved retailer which gives
under-served neighborhoods access to fresh, affordable produce. It has
grown from six sites in 2016 to twelve in 2019.131
MAP Youth Working at Mobile Market (Photo from Massachusetts Avenue Project)
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Baltimore supports its urban farms by off ring fi e-year leases for publicly- Baltimore supports
owned land at only $100 per year, and by off ring a 90 percent property its urban farms by
tax reduction for privately-owned urban farms.137
offering five-year
Detroit passed an urban agriculture law in 2013 and is home to many leases for publicly
urban farms. Detroit’s largest urban farm is the seven-acre D-Town
Farm, operated by the Detroit Black Community Food Security Network, owned land at only
which grows 30 diff rent fruits and vegetables.138 Also in Detroit is the $100 per year.
Michigan Urban Farming Initiative, which describes itself as “America’s
fi st sustainable urban agrihood,” making agriculture the centerpiece of
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The City of Buffalo's new zoning and land use law, the Green Code, did
a number of things for urban farming. According to a summary by the
Buffalo’s new Green
Greater Buffalo Urban Growers, the Green Code, along with other Code allows urban
recent City policy work: farms with on-site
• formally recognizes Market Gardens as sites where food, ornamental
crops, or trees are grown for sale to the general public;
market stands.
• outlines regulations that Market Gardens should follow in order to
ensure public health, safety, and welfare;
• recognizes and permits aquaculture/aquaponics, that is, the farming of
aquatic organisms such as fish, crus aceans, mollusks, and aquatic plants
under controlled conditions;
• allows for the sale of agricultural products, plants, eggs, and honey;
• allows on-site sales at a market stand for up to 10 hours per week;
• permits beekeeping;
• allows composting;
• allows chickens to be kept.145
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or discounted compost; this would also reduce the City’s garbage bill and
ecological footprint by encouraging more composting by households and
businesses. Lastly, the City should create a zoning category for agricultural
land and associated policies that actively encourage responsible farming,
rather than simply allowing it.
TREES
Cities like Buffalo can plant more trees on vacant lots and take more
advantage of the trees that already exist on them. Trees provide many
ecological services, including reducing air pollutants and greenhouse
gases; soaking up stormwater; remediating soil; offering habitat for insects
and birds; and decreasing the “heat island effect.”
A study of Roanoke, Virginia found that the trees on its vacant lots had
a value of $169 million to the city. Each year they store 97,500 tons of
carbon, valued at $7.6 million, remove 2,090 tons of carbon, valued
at $164,000, remove 83 tons of air pollutants, valued at $916,000, and
reduce residential energy costs by $211,000.149 Note that all this value
comes simply from existing trees, without a concerted effort to plant
more, and that it does not include the other social and public health
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Trees can also provide food through their fruit and nuts. Many cities now
have groups dedicated to planting and tending fruit trees in public spaces,
mapping them so that they can be easily found, and helping to harvest
and distribute their fruit. Examples include the Boston Tree Party and the
Portland Fruit Tree Project.150 The City of Milwaukee is partnering with
the Greater Milwaukee Foundation to bring fruit orchards to 15 vacant lots
on the city’s north side.151
POLLINATORS
The worldwide collapse in populations among birds, butterflies, bees, and Philadelphia’s
other pollinators has increased awareness of the critical role they play in
ecosystems and in human food production. In Western New York, the LandCare program
Pollinator Conservation Association is educating the public, planting has created 50
pollinator-friendly habitats, and working to establish “pollinator corridors” pollinator gardens
to help the pollinators as they move and migrate.152 Vacant lots can play a
critical role in providing pollinator habitat. In Philadelphia, the on vacant lots,
Pennsylvania Horticultural Society has integrated pollinator protection typically with about
into its LandCare program, creating 50 pollinator gardens on vacant lots, 300 native plants in
typically with about 300 native plants in each garden.153
each garden.
STORMWATER RETENTION
As a study of Buffalo has proven, vacant lots play a critical role in soaking
up stormwater and keeping it out of the combined sewer system.154 Why
is this important? Older cities like Buffalo tend to have combined sewer
systems, in which sanitary sewage flows through the same pipes as
stormwater and snowmelt. Unfortunately, sewage treatment plants were
typically designed only for dry days; when it rains, their capacity is quickly
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overwhelmed, and, instead of being treated, raw sewage flows directly into
lakes and rivers, resulting in beach closures, ecological damage, and
Buffalo’s sewer
human illness. Buffalo s sewer system overflows an average of 69 times per system overflows an
year, putting 1.75 billion gallons of wastewater and untreated stormwater average of 69 times
into local waterways.155 Putting sewage into the water endangers swimmers
and people who fish. The U.S. Environmental Protection Agency (EPA)
per year, putting
estimates that up to 3.5 million people get sick every year from swimming 1.75 billion gallons
in waters contaminated by sewer overflows.156 of wastewater and
These combined sewer overflows violate the federal Clean Water Act and untreated stormwater
state clean water laws, and so local sewer authorities must agree with the into local waterways.
EPA and the NYS Department of Environment and Conservation on
plans to reduce them. In Buffalo, advocacy from Buffalo Niagara
Waterkeeper persuaded the Buffalo Sewer Authority to embrace “green
infrastructure” techniques to soak up stormwater before it enters the sewer
system. The Sewer Authority’s 20-year long term control plan will spend
$380 million, of which 24 percent will go to green infrastructure.157
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RENEWABLE ENERGY
Larger vacant lots make a natural place for renewable energy installations,
such as solar arrays. A good example comes from Cleveland, where the
Hough Community Solar Garden will be a resident-owned array that can
power 50 homes in a historic African-American neighborhood.163 In
Detroit, the City used vacant land it owned to create a solar array that can
power 450 homes, combined with a small park and playground.164 PUSH
Buffalo's solar array on top of its School 77 building offers a local model
for community-owned solar that benefits tenants with low incomes.
Because tenants do not own their homes, they are typically unable to
benefit from solar energy. Community-owned solar reduces electricity bills
for tenants, making their housing more affordable.
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Cleveland has used its vacant lots to create three new paths.169 The Lucia
Greens Pathway Park, pictured here, used back-to-back vacant lots to make
A well-planned
a linear park connecting two parallel streets. A well-planned network of network of walking
paths such as these throughout Buffalo could increase walkability, aiding in and biking
public health and revitalization. It is crucial, of course, that such paths be
placed only in neighborhoods that welcome them, and that there is always
paths throughout
a feasible plan for their long-term maintenance. Buffalo could
increase walkability,
aiding in public
health and
revitalization.
Lucia Greens Pathway Park in Cleveland (Photo from Cleveland State University)
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from the nearest play space. It advised seeking out local artists, gardeners,
and other activists to ensure that these parks respond to local needs and
goals.172 In July 2020, the Foundation announced the Play Everywhere
Design Challenge, with $1 million in grants for “unique play installations
in everyday locations across Western New York and Southeast Michigan
in order to address disparities in access to quality play spaces.”173 Building
on this initiative and converting vacant lots to playgrounds in targeted
neighborhoods will improve public health and quality of life while
building community cohesion and, with more activity and “eyes on the
street,” decreasing crime.
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PUBLIC ART
Buffalo now has one of the most vibrant public art
scenes in the nation, thanks in part to an innovative
partnership between the AKG Buffalo Art Museum,
Erie County, and the City of Buffalo. Vacant lots offer
many opportunities for art. One of the most famous
public art projects in the nation is the Heidelberg
Project in Detroit. When artist Tyree Guyton returned
to Heidelberg Street, where he had grown up, and
witnessed its decay and abandonment, he was moved
to begin cleaning up the lots and turn the
neighborhood into a massive art project in which
vacant lots became “lots of art” and abandoned houses
Tyree Guyton on Heidelberg Street
became “gigantic art sculptures.”174 (Photo from Heidelberg Project)
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Philadelphia is the site for a 2011 project called the Porch. On a parking
strip next to the city’s Amtrak station, the Porch includes colorful patio
chairs, artist-designed planters, public art, a kiosk with information on
train departures and arrivals, and additional greenery. The project’s
directors experimented and collected data on site usage as they went,
modifying their ideas in response to the data.179
Flint Free City Public Art Festival (Photo from Flint Neighborhoods United)
The City of Buffalo has embraced the idea of creative, temporary uses
with its new Green Code. City planner Chris Hawley states that “given the
current economic climate, we see these [projects] as the highest and best
use for now... the benefits have been much more dramatic than chasing
after some corporate retailer. Sometimes the temporary can add much
more than those kind[s] of so-called permanent efforts.”180 It is easy to
imagine an annual contest for creative temporary uses of vacant parcels;
an annual “pop-up festival” on vacant parcels, and other ways to harness
the creativity of Buffalo’s residents. Such projects should adhere to criteria
of equity and sustainability and be rooted in the communities in which
they take place.
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King County, Washington passed Ordinance 12394 in 1996, requiring that King County,
any surplus parcels that are suitable for housing should be sold or leased
for the development of affordable housing. The County updates the Washington requires
surplus property list each year and offers suitable properties for that any surplus
development as affordable homes. In determining suitability it considers county parcels that
topography, zoning, and availability of utilities. For example, in its first
review in 1997, the County found that 52 of 750 surplus parcels had are suitable for
housing potential. By 2007, the ordinance had led to development of 400 housing must be
new affordable housing units.182 sold or leased for
In 2018, the State of Washington passed a law allowing cities to sell or the development of
lease surplus land at no or low cost for affordable housing development, so affordable housing.
that cities no longer needed to seek fair-market value for land.183 The
Seattle City Council then passed a resolution requiring city departments to
make affordable housing a priority when disposing of public land.184
Pursuant to this policy, when Seattle later sold the “Mercer MegaBlock”
for $143.5 million, it dedicated approximately $73 million of the proceeds
to affordable housing.185 This illustrates that even when publicly-owned
land is not appropriate for housing, it can be used to generate funds for
affordable housing.
San Francisco has a program called Public Land for Housing to review the
City’s portfolio of public sites for possible redevelopment as housing. This
program is designed to expand the city’s affordable housing stock, increase
the use of public transportation, and promote neighborhood
sustainability.186 The City amended its Surplus City Property Ordinance in
2002 to encourage the transfer of underutilized or surplus property for the
development of affordable housing. By 2015 the ordinance had led to the
creation of 150 affordable homes. In August 2020 the City approved the
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New York City has a New Housing Marketplace plan, created in 2003,
under which the City actively considers the potential of all underutilized,
publicly owned sites for affordable housing. For example, the City
redeveloped vacant land that it owned in the Bronx into the mixed-income
La Central project, which includes 985 units, a new YMCA, an astronomy
lab, open space, 43,000 square feet of retail, a music studio, and two
health centers.190 Phase 2 of the project, begun in 2018, includes two high-
rises with 496 units, solar power, rooftop gardens, gray and black water
recycling, and natural gas co-generation. Also in 2018, the City announced
it had selected developers to build affordable housing on 87 publicly-
owned vacant lots, which could produce almost 500 affordable homes.191
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Housing Amendment Act of 2014, which requires that all new multifamily
residential developments on city-owned surplus land include at least 20
percent affordable housing. The percentage rises to 30 percent for sites
within ½ mile of a Metrorail station, within ¼ mile of a streetcar line, or
within ¼ mile of a Priority Corridor Network Metrobus Route.193
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LAND BANKS
Like many states, New York permits cities and counties to form land banks
for the purposes of buying, selling, leasing, and otherwise managing public
lands. These not-for-profit corporations are typically public authorities
that accumulate properties and rehabilitate them to improve
neighborhoods and generate tax revenue. To this end, land banks can
acquire properties that are vacant, abandoned, foreclosed, or tax
delinquent, and they have the power to set conditions on how the property
can be used. Land banks typically look to manage properties in the short
term, with the end goal being sale to private owners. As of January, 2018,
there were approximately 170 land bank programs in the U.S.198
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offering discounts for those uses.202 By contrast, Land Bank Twin Cities in
Minneapolis/St. Paul, which has acquired over 1,000 properties since its
inception, has as its mission: “We capture strategic real estate
opportunities to benefit people with low to moderate incomes, prioritizing
people of color and populations facing barriers.”203
BENLIC has operated thus far at a modest scale. From 2015 through 2020
it sold or had under contract a total of 146 properties.209 According to
BENLIC staff, this is largely due to the City of Buffalo acting as a de facto
land bank prior to the creation of BENLIC, and, unlike some other cities,
keeping a large inventory of vacant and abandoned properties. By contrast,
the Greater Syracuse Land Bank, as of October 2020, had acquired 1,879
properties and sold 921.210 Of the roughly 1,000 properties in its current
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inventory, approximately half are vacant lots.211 The Syracuse land bank
appears to enjoy greater financial support from its local governments; its
2020-2021 budget lists $500,000 in funding from the City of Syracuse and
$250,000 from Onondaga County.212 In part, this reflects the fact that
Syracuse puts all its foreclosed properties into its land bank. BENLIC
leaders state that they would not like to receive all the foreclosed properties
in Buffalo and Erie County, as that would exceed their capacity, but that
they would like to expand their work significantly.213 BENLIC would like to
ramp up to acquiring 110 to 120 properties per year, including 40 to 50 in
Buffalo.214 Thus far its funding has been largely from property sales and
from the New York Attorney General, which devoted one of its settlement
funds to land banks. The state’s land banks are seeking a more permanent
funding stream, such as a line item in the State’s budget each year.215
A new issue arose in 2020 when the City of Buffalo chose to take title to the
properties coming up for tax foreclosure auction, thus preempting
BENLIC’s ability to take them with its “superbid” powers. BENLIC then
had to negotiate with the City’s Division of Real Estate for the properties it
wanted – a process that resulted in only six acquisitions. Under the New
York State Land Bank Act, BENLIC can negotiate with the City to take
property without paying appraised value. Acquiring vacant and abandoned
properties from the City by negotiation will continue to be an avenue of
property acquisition for BENLIC under the new City of Buffalo auction
format. BENLIC hopes it can grow its City of Buffalo inventory this way.216
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3,304
836
688
374
2009 2019
Back in 2009, there were 3,304 properties at the auction, including 1,581
residential buildings and 1,587 vacant lots. Of these, only 572 buildings
and 197 vacant lots were sold. Since then, as Buffalo’s housing has
become more valuable, fewer parcels have made it to auction, and a
higher proportion have sold. In 2019, there were 688 properties at the
auction, including 181 residential buildings and 494 vacant lots. The City
removed 99 of the properties, and 374 were sold, including 172
residential and 191 vacant (see Appendix C for more data).218
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Below-Market Disposition
Considering its massive inventory of nearly 8,000 properties it is surprising
how few properties the City has transferred to any buyers (homeowners,
for-profit developers, or non-profit developers) in recent years.
Geographer Jason Knight reviewed real estate transaction data from the
New York Office of Real Property Services covering the years 2009-2018
and found that the City sold only 302 properties in that decade.219
HOMESTEADING
The City of Buffalo’s policies regarding below-market sales or donations
of publicly-owned land have been a source of confusion for nonprofit
agencies and residents. Over the years, the main mechanism for below-
market sales has been the City’s Homestead policy. Under New York State
Urban Development Law, in their urban renewal plans cities can designate
“urban renewal areas” in which they can sell public properties for less than
fair market value, often called “homesteading.”220
In Buffalo, the Homestead program has always been modest. From 2007 From 2007 through
through June 2017, the City homesteaded an average of 28 parcels per
year, with an average of 23 going to individuals and five to non-profit June 2017, the
agencies (typically Habitat for Humanity).222 Many, if not most, of the City homesteaded
vacant lots went to adjacent property owners to expand their lawns. an average of 28
Under the current Homestead Program, according to the City’s website: parcels per year,
Properties that are within designated Urban Renewal Areas are with an average of 23
eligible for inclusion in the Urban Homestead Program at the sole
discretion of the Office of Strategic Planning, with conditions: the
going to individuals
property is not needed for public purposes and no qualified buyer is and five to non-profit
attempting to purchase the property. A sale takes precedence over a agencies.
homestead. Applicants can acquire property in these areas for one
dollar ($1) plus the required closing costs.223
The phrase, “at the sole discretion of the Office of Strategic Planning”
creates some ambiguity, making it unclear whether every qualified
applicant will receive the property for $1 plus closing costs, or whether
other criteria, not listed on the website, will be used to make decisions.
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Even the draft Homestead Plan of 2015 had several limitations. It did not Buffalo should
include nonprofits developing affordable rental housing, which is the greatest
need among Buffalo s residents with low incomes, most of whom cannot extend the
afford homeownership, even with assistance. It was unclear or silent Homestead zone to
regarding pricing – whether all eligible properties will be sold for $1 plus encompass the entire
closing costs, or the City will be negotiating below-market sales prices.
The City should amend its draft Plan to address these issues, extend the city, and use it to
Homestead zone to encompass the entire city, and use it to aggressively aggressively transfer
transfer properties at no cost to responsible non-profit agencies that properties at no
promote equity and sustainability. One tool the City can employ in its
Homestead program and other land dispositions is reserving the right to cost to responsible
repurchase the land if it is placed up for sale or if certain contingencies non-profit agencies
occur; this can help to make sure that the land is used for beneficial that promote equity
purposes in perpetuity.
and sustainability.
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Many other cities regularly donate property for affordable housing and Cleveland offers
other beneficial uses. Ohio law, similar to New York law, requires that
a City receive fair market value for its property. Cleveland, however,
non-buildable lots
takes the view that its vacant property has only nominal value and for one dollar and
offers non-buildable lots for one dollar and buildable lots for $100.228 buildable lots for
Cleveland sells about 500 properties per year to community development
corporations.229
$100. It sells about
500 properties per
The City of Buffalo’s charter includes a provision for the sale of real
property via public auction or by sealed bids for the highest marketable
year to community
price.230 While this provision outlines two ways to dispose of public development
property, it does not forbid other ways, including below-market sales. Even corporations.
if it did, the City could simply transfer properties to one of its affiliated
authorities, such as BENLIC or the Buffalo Urban Renewal Agency, which
are not bound by the constitutional prohibition on gifts or the City’s
charter provision and are free to dispose of the properties below-market
for the public interest.231 BURA’s disposition guidelines already include
below-market sales to further the public health, safety, and welfare,232 and,
as noted above, BENLIC has already made below-market transfers to
Habitat for Humanity. In sum, there are multiple ways for the City to eff
ct below-market sales or donations, if it so chooses.
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equity and sustainability. The City could then issue a Request for Proposals,
perhaps quarterly, with a list of target properties. The City could then sell
the properties to the winning applicants for one dollar, with easements or
deed restrictions ensuring that the properties are used as specified.
Similar cities, such as Cleveland, have done holistic planning for vacant
land. Re-imagining a More Sustainable Cleveland was a one year planning
process which explored strategies for reuse of vacant land with the goal of
making Cleveland a cleaner, healthier, more beautiful, and economically
sound city. Cleveland Neighborhood Progress, in collaboration with the
City of Cleveland and Kent State University’s Cleveland Urban Design
Collaborative, convened a thirty-member working group to produce a
report, which found that “the City of Cleveland has the opportunity to use
its excess land in ways that: advance a larger, comprehensive sustainability
strategy for the city; benefit low-income and underemployed residents; City View Community Garden
enhance the quality of neighborhood life; create prosperity in the city; and in Cleveland (Photo from
help address climate change.”235 Clevelandmemory.org)
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Appendix A:
Vacant Parcels Owned by the City of Buffalo and Related Entities244
Total Residential Commercial Industrial Community Parks Utilities Vacant
Division of Engineering 38 0 0 0 4 1 0 33
Fire Department 16 0 0 0 15 1 0 0
Police Department 2 0 0 0 2 0 0 0
Board of Education 71 0 1 0 64 2 0 4
Board of Parking 5 0 2 0 3 0 0 0
Sewer Authority 5 0 0 0 0 0 2 3
Water Authority 12 0 0 0 1 3 6 2
BMHA 74 64 1 0 2 1 0 6
BERC 61 0 0 0 0 0 0 61
BNRC 101 3 0 0 0 0 0 98
BURA 62 0 9 0 0 2 0 51
BUDC 15 0 0 0 0 0 0 15
67
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Waltham, Vermont. In this small town, a former mobile home park that
had become a brownfield due to spilled oil has become Vermont’s
first net-zero affordable housing development. It features 14 two- and
three-bedroom modular homes with extra insulation to reduce energy loss,
healthy building materials, fresh and filtered air, triple-pane windows,
Energy Star lighting and appliances, and cold-climate heat pumps. Each
home’s total energy usage, including heating, cooling, and domestic hot
water, is covered by a 6-kW rooftop solar photovoltaic array with a solar
battery system for energy storage, which can provide up to six hours of
emergency backup power during grid outages.248
68
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
69
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Appendix C:
Dispositions from City of Buffalo
Tax Foreclosure Auctions, 2009-2019253
Total Residential Vacant Other
70
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
71
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
900
900 RESIDENTIAL PROPERTIES
800
800
700
700
600
600
500
500
400
400
300
300
VACANT LOTS
200
200
100
100
0 0
1 2 3 4 5 6 7 8 9 10 11
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Series1 Series2
72
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Single-Family Two-Family
Properties Sales Share sold Median Properties Sales Share sold Median
2009 sales 589 253 43% $5,000 845 267 32% $4,000
North 26 20 77% $11,750 11 10 91% $12,000
East 493 187 38% $4,000 747 205 27% $3,500
South 23 14 61% $8,000 25 16 64% $6,500
West 47 32 68% $5,250 62 36 58% $5,750
2010 sales 520 364 70% $4,250 675 439 65% $3,500
North 24 22 92% $4,700 25 25 100% $8,500
East 432 287 66% $4,000 548 324 59% $2,500
South 25 19 76% $9,000 28 25 89% $9,500
West 39 36 92% $6,750 74 65 88% $5,500
2011 sales 529 335 63% $4,000 720 411 57% $2,500
North 22 21 95% $7,500 14 14 100% $14,000
East 461 276 60% $3,300 640 341 53% $2,000
South 20 19 95% $7,000 15 15 100% $5,700
West 26 19 73% $6,000 51 41 80% $11,000
2012 sales 395 299 76% $5,500 586 412 70% $5,250
North 13 13 100% $21,000 13 13 100% $24,000
East 337 249 74% $4,500 516 345 67% $4,000
South 20 19 95% $15,000 20 20 100% $16,000
West 25 18 72% $8,000 37 34 92% $15,000
2013 sales 304 273 90% $10,000 332 295 89% $12,000
North 23 21 91% $14,000 25 25 100% $26,000
East 233 209 90% $8,500 248 212 85% $9,000
South 28 26 93% $20,500 32 31 97% $16,000
West 20 17 85% $13,000 27 27 100% $21,000
2014 sales 270 258 96% $11,500 232 211 91% $13,000
North 19 19 100% $21,000 17 17 100% $39,000
East 206 194 94% $10,000 174 156 90% $11,000
South 26 26 100% $23,000 20 20 100% $19,500
West 19 19 100% $11,000 21 18 86% $22,500
73
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
Single-Family Two-Family
Properties Sales Share sold Median Properties Sales Share sold Median
2015 sales 230 209 91% $9,500 226 210 93% $13,500
North 25 22 88% $21,000 20 20 100% $28,500
East 164 149 91% $8,000 159 144 91% $8,250
South 27 26 96% $16,000 24 23 96% $25,000
West 14 12 86% $6,250 23 23 100% $35,000
2016 sales 212 211 100% $18,000 235 232 99% $17,000
North 13 13 100% $23,500 18 18 100% $22,000
East 167 166 99% $15,000 185 182 98% $16,000
South 18 18 100% $22,000 18 18 100% $21,000
West 14 14 100% $30,000 14 14 100% $21,000
2017 sales 169 162 96% $25,000 161 153 95% $35,000
North 22 22 100% $24,000 9 9 100% $102,000
East 129 122 95% $24,000 122 114 93% $33,000
South 12 12 100% $30,000 15 15 100% $36,000
West 6 6 100% $36,000 15 15 100% $51,000
2018 sales 114 112 98% $29,500 104 102 98% $39,000
North 15 15 100% $29,000 9 9 100% $43,000
East 82 80 98% $29,000 86 85 99% $35,000
South 9 9 100% $41,000 1 1 100% $76,000
West 8 8 100% $37,000 8 7 88% $41,000
2019 sales 101 101 100% $35,000 70 70 100% $40,500
North 10 10 100% $42,000 1 1 100% $60,000
East 73 73 100% $34,000 61 61 100% $38,000
South 12 12 100% $38,000 3 3 100% $59,000
West 6 6 100% $49,500 5 5 100% $133,000
Acknowledgments
This report was prepared for PUSH Buffalo and drafted by PPG Senior
Policy Fellow Sam Magavern with assistance from PPG Community
Researcher Sarah Wooton. Special thanks to Jason Knight, Ph.D.,
Associate Professor of Geography and Planning, Buffalo State
University, for his research on vacant lots and vacant lot policy.
74
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
75
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
24 Pennsylvania Horticultural society, “Transforming Among Youth Facing Barriers,” November, 27,
Vacant Land,” November, 27, 2020, https:// 2020, https://www.povertyactionlab.org/evaluation/
phsonline.org/programs/transforming-vacant-land/ summer-jobs-reduce-violence-among-youth-facing-
program-model-and-impact; and Maggie Loesch, barriers-opportunity-united-states.
“Greening Vacant Lots: Low Cost, Big Effect in 36 Groundwork Buffalo, “Programs,” November, 27,
Philly,” Shelterforce, November 13, 2018, https:// 2020, http://gwbuffalo.org/programs.
shelterforce.org/2018/11/13/greening-vacant-lots-
37 Personal communication, Racheal Tarapacki,
low-cost-big-effect-in-philly/.
executive director, Groundwork Buffalo.
25 Loesch, “Greening Vacant Lots.”
38 Ibid.
26 Loesch, “Greening Vacant Lots.”
39 Ibid.
27 Eugenia C. South et al, “Effect of Greening Vacant
Land on Mental Health of Community-Dwelling 40 Personal communication, Bryana DiFonzo,
director of new economy, PUSH Buffalo.
Adults: A Cluster Randomized Trial,” JAMA
Netw Open. 2018; 1(3):e180298. doi:10.1001/ 41 ACS 5-Year Estimates (2015-2019) https://
jamanetworkopen.2018.0298. data.census.gov/cedsci/table?q=rent%20
28 Charles C. Branas et al, “Citywide cluster percent20by%20percent20in-
randomized trial to restore blighted vacant land come&g=1600000US3611000&tid=ACSDT5Y2019.
and its effects on violence, crime, and fear,” PNAS B25070&hidePreview=false
11 (12) 2946-2951 (2018), https://doi.org/10.1073/ 42 Homeless Alliance of Western New York, “2019
pnas.1718503115. Homelessness Summary Brief” (policy brief, 2020),
29 UB Regional Institute, Rain Check: the First https://wnyhomeless.org/app/uploads/2019-
Generation of Green Infrastructure in Buffalo Homelessness-Summary-Brief-1.pdf.
(2018), 64. https://raincheckbuffalo.org/app/ 43 Partnership for the Public Good, Evicted in
uploads/2018/05/Buffalo_Sewer_Authority_ Buffalo: the High Costs of Involuntary Mobility
RainCheck1.0_Spring2018_SinglesReduced.pdf. (policy report, 2019), https://ppgbuffalo.org/files
30 Skye Hart and Sam Magavern, PUSH Buffalo’s Green documents/housing_neighborhoods/general/
Development Zone: a Model for New Economy housingneighborhoods-_evicted_in_buffalo.pdf.
Community Development (policy report, Partnership 44 See G. Scott Thomas, “Which Urban Area Has
for the Public Good, 2017), https://ppgbuffalo. America’s Oldest Housing Stock? Hint: We’re
org/files/documents/push_bu falo_27s_green_ Close, but It’s Not Us,” Buffalo Business First,
development_zone.pdf. August 11, 2016), https://www.bizjournals.com/
31 Personal communication, Jenifer Kaminsky, past buffalo/news/2016/08/11/which-urban-area-has-
director of planning and community development, america-s-oldest-housing.html ; and U.S. Census
PUSH Buffalo. Bureau, “American Factfinder Selected Housing
Characteristics: 2015 American Community
32 Ibid. Survey 1-Year Estimates (2015),” https://factfinde .
33 Ibid. census.gov/bkmk/table/1.0/en/ACS/15_1YR/
34 Personal communication, Bryana DiFonzo, director DP04/0500000US36029.06000.
of new economy, PUSH Buffalo. 45 Erie County Department of Health, “Erie County
35 Center for Employment Opportunities, “Research New York Community Health Assessment 2017-
Results,” November, 27, 2020, https://ceoworks. 2019,” http://www2.erie.gov/health/sites/www2.erie.
org/impact-evidence; and Sarah Heller, Marianne gov.health/files/uploads/pdfs/cha.pd .
Bertrand, and Jonathan Davis, Abdul Latif Jameel
Poverty Action Lab, “Summer Jobs Reduce Violence
76
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
46 Jerry Zremski, “Rate of Lead Poisoning for Children brief, 2019), https://atlantic2.sierraclub.org/sites/
in WNY Far Exceeds that of Flint, Mich.,” Buffalo newyork.sierraclub.org/files/documents/2019/04
News, February 24, 2016, https://buffalonews.com/ Lockport%20Housing%20Authority%20full%20
news/local/rate-of-lead-poisoning-for-children-in- original.pdf.
wny-far-exceeds-that-of-flint-mich/article_59028a3d 56 Caitlin Dewey, “PUSH Buffalo plans 50 new
7967-5cb9-9b2d-55f4f935629a.html. affordable apartments for the West Side,” Buffalo
47 University at Buffalo Regional Institute, State News, August 17, 2019, https://buffalonews.com/
University of New York at Buffalo, School of news/local/push-buffalo-plans-50-new-affordable-
Architecture and Planning, and Make Communities. apartments-for-the-west-side/article_93a8573a-
2016. “The Racial Equity Dividend: Buffalo’s Great 7d1b-5347-a3e8-4df05aee37ba.html; and personal
Opportunity,” 42. communication, Rahwa Ghirmatzion, executive
48 Douglas Fischer, “Climate Change Hits Poor Hardest director, PUSH Buffalo.
in U.S.,” Scientific American, May 29,2020, https:// 57 Personal communication, Rahwa Ghirmatzion,
www.scientificamerican.com/article/climate-change executive director, PUSH Buffalo.
hits-poor-hardest/. 58 Lisa Prevost, “Rhode Island Development Pairs
49 City of Buffalo, Queen City in the 21st Century: Affordable Housing With Net-Zero Design,” Energy
Buffalo’s Comprehensive Plan (2006) p. 40, http:// News Network, November 18, 2019, https://
regional-institute.buffalo.edu/wp-content/uploads/ energynews.us/2019/11/18/northeast/rhode-island-
sites/3/2014/06/Queen-City-in-the-21st-Century- development-pairs-affordable-housing-with-net-zero-
Buffalos-Comprehensive-Plan1.pdf design/.
50 Affordable Housing and the Environment in 59 Detroit Shoreway, “Cleveland EcoVillage,”
Buffalo, New York (policy report, Partnership for the November 27, 2020, https://www.dscdo.org/
Public Good, 2009), https://ppgbuffalo.org/files cleveland-ecovillage.
documents/housing_neighborhoods/green_housing/ 60 Partnership for Affordable Cohousing, “Affordable
housingneighborhoods-_affordable_housing_and_ Cohousing,” November 27, 2020, http://www.
the_environment_in_buffalo__new_york.pdf. affordablecohousing.org/home/affordable-
51 New York as the ninth highest average residential cohousing.
electricity rate in the nation. The average monthly 61 Partnership for Affordable Cohousing, “Existing
bill is $148.30. Electric Rate, “Electricity Rates by Developments,” November 27, 2020, http://www.
State (Updated January 2021), accessed January 21, affordablecohousing.org/existing-communities.
2021, https://www.electricrate.com/electricity-rates-
by-state/. 62 Partnership for Affordable Cohousing, “Existing
Developments.”
52 Roger Colton, “Home Energy Affordability in New
York” (NYSERDA, 2011), file:///C:/Users/ilsdm39 63 Partnership for Affordable Cohousing, “Current
Downloads/2008-2010-affordability-gap.pdf. Projects,” November 27, 2020, http://www.
affordablecohousing.org/home/current-projects.
53 See, for example, William Bradshaw et al, “The
Costs and Benefits of G een Affordable Housing,” 64 City of Buffalo, 2020 Annual Action Plan,
New Ecology Institute (2005), p. 166. https://www.buffalony.gov/DocumentCenter/
View/7693/2020-Annual-Action-Plan-Summary.
54 U.S. Department of Energy, “Geothermal Heat
Pumps,” November 27, 2020. https://www.energy. 65 Personal communication, Teresa Bianchi, executive
gov/energysaver/heat-and-cool/heat-pump- director, Habitat for Humanity Buffalo.
systems/geothermal-heat-pumps 66 Ibid.
55 Sierra Club, Atlantic Chapter, “Geothermal 67 Ibid.
Heating System for Public Housing” (policy
77
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
78
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
89 Micaela Lipman, Bianca Davis, Kelsey Gosch, Sydney 106 Miriam Avins, “The Land Trust Solution: How
Jones, Erik Woyciesjes, Zhu Jin, Zachary Korosh, Baltimore Green Space Uses Land Ownership to
Camile Brown and Samina Raja. 2020. Using the Help Neighborhoods,” Cities and the Environment,
Food System as a Lever for Change Evaluation of Volume 8, Issue 2 (2015), available at: https://
the Buffalo Community Hub Project. Food Systems digitalcommons.lmu.edu/cate/vol8/iss2/17.
Planning and Healthy Communities Lab. University at 107 Johanna Rosen and Kathryn Rufh, “Farmland Access
Buffalo. in Urban Settings” (policy report, Land for Good,
90 Ibid. 2018), https://landforgood.org/wp-content/uploads/
91 Bellows, “Health Benefits. LFG-Farmland-Access-in-Urban-Settings-Guide.pdf.
79
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
119 City of Boston, Open Space Plan, pages 7-3-2.5 131 Micaela Lipman, Bianca Davis, Kelsey Gosch, Sydney
and 7-3-2.8, available at https://www.cityofboston. Jones, Erik Woyciesjes, Zhu Jin, Zachary Korosh,
gov/parks/pdfs/OSP2010/OSP0814_7.3.2_ Camile Brown and Samina Raja. 2020. Using the
CommunityGardens.pdf. Food System as a Lever for Change Evaluation of
120 “Homegrown Baltimore: Grow Local Resources the Buffalo Community Hub Project. Food Systems
List,” accessed January 7, 2021 at https://www. Planning and Healthy Communities Lab. University at
baltimoresustainability.org/projects/baltimore- Buffalo.
food-policy-initiative/homegrown-baltimore/urban- 132 Ibid.
agriculture-2/ 133 Hart, PUSH Buffalo Green Development Zone.
121 “Garden Irrigation Fund: Grant Agreement,” 134 Washington DC, Department of Energy and
accessed January 7, 2021 at http:// Environment, “Urban Agriculture,” November 27,
growingfoodconnections.org/gfc-policy/garden- 2020, https://doee.dc.gov/service/urban-agriculture.
irrigation-fund-grant-agreement/.
135 WROC, “Mayor Warren introduces Equity &
122 Elizabeth Royte, “Urban Agriculture is Booming, But Recovery Agenda in first part of State of the
What Does it Really Yield,” ENSIA, April 27, 2015, City Address,” January 7, 2021, https://www.
https://ensia.com/features/urban-agriculture-is- rochesterfirst.com/news/local-news/mayo -warren-
booming-but-what-does-it-really-yield/. unveils-rochesters-2021-state-of-the-city/.
123 McKibben, 52. 136 Baltimore Office of Sustainabilit , Homegrown
124 Royte, “Urban Agriculture is Booming.” Baltimore: Baltimore City’s Urban Agriculture
125 Personal communication, Diane Picard, executive Plan, Adopted November 2013, https://
director, Massachusetts Avenue Project. www.baltimoresustainability.org/wp-content/
uploads/2015/12/HGB-Grow-Local-Final-Cover-1.
126 Kyle Mackie and Amal Elhelw, “On National CSA pdf.
Day, Buffalo Urban Growers Sign Safe Farming
Pledge, WBFO, February 28, 2020, https://news. 137 Baltimore Office of Sustainability, “Urban
wbfo.org/post/national-csa-day-buffalo-urban- Agriculture,” accessed January 7, 2021 at http://
growers-sign-safe-farming-pledge. growingfoodconnections.org/gfc-policy/garden-
irrigation-fund-grant-agreement/.
127 Eric Westervelt, “As Food Supply Chain Breaks
Down, Farm-to-Door CSAs Take Off,” NPR, May 10, 138 Biba Adams, “In Detroit, a New Type of Agricultural
2020, https://www.npr.org/2020/05/10/852512047/ Neighborhood Has Emerged,” Yes! Magazine,
as-food-supply-chain-breaks-down-farm-to-door- November 5, 2019, https://www.yesmagazine.org/
csas-take-off; and Stephanie Hiller, “COVID-19 social-justice/2019/11/05/food-community-detroit-
Sparks a Rebirth of the Local Farm Movement,” Yes! garden-agriculture/.
Magazine, May 21, 2020, https://www.yesmagazine. 139 Michigan Urban Farming Initiative, “Projects,”
org/environment/2020/05/21/coronavirus-food-local- https://www.miufi.o g/projects and “America’s First
farm-movement/ Urban Agrihood, https://www.miufi.o g/america-s-
128 University at Buffalo Food Systems Planning and first-urban-agrihoo , November 27, 2020.
Healthy Communities Lab, “Seeding Resilience 140 City of Chicago, Green Healthy Neighborhoods Plan,
in Buffalo, New York,” November 27, 2020, adopted 2014, https://www.chicago.gov/city/en/
https://foodsystemsplanning.ap.buffalo.edu/ depts/dcd/supp_info/green-healthy-neighborhoods.
seedingresilience/. html p. 28.
129 Hart, PUSH Buffalo Green Development Zone.
130 Ibid.
80
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
141 Patrick Cooley, “How urban agriculture swept 152 Pollinator Conservation Association of Western
through greater Cleveland,” Cleveland.com, July 17, New York, November 27, 2020, http://www.
2017, https://www.cleveland.com/metro/2017/07/ pollinatorconservationassociation.org/.
urban_farms_proliferate_in_cle.html#:~:text=In%20 153 Pennsylvania Horticultural Society, “PHS Turns Vacant
2008%2C%20Cleveland%20amended%20its,sell%20 Lots into Pollinator Paradise,” November 27, 2020,
their%20crops%20for%20profi . https://phsonline.org/for-gardeners/gardeners-blog/
142 Ohio City Farm, “About,” November 27, 2020, phs-turns-vacant-lots-into-pollinator-paradise.
https://www.ohiocityfarm.com/about 154 Christa Kelleher et al, “Urban vacant lands impart
143 Adrienne Dipiazza, “Cleveland’s Ohio City Farm: hydrological benefits ac oss city landscapes,” Nat
Urban Farming with a Mission,” September 2, 2019, Commun 11, 1563 (2020), https://doi.org/10.1038/
Fox 8, https://fox8.com/news/clevelands-ohio-city- s41467-020-15376-9.
farm-urban-farming-with-a-mission/ 155 UB Regional Institute, Rain Check: the First
144 City of Boston Office of Food Initiatives, “ acant Generation of Green Infrastructure in Buffalo
Parcel Catalog,” accessed January 7, 2021, https:// (2018), 16. https://raincheckbuffalo.org/app/
www.boston.gov/sites/default/files/embed uploads/2018/05/Buffalo_Sewer_Authority_
file/2016-11/vacant_pa cel_catalog.pdf. RainCheck1.0_Spring2018_SinglesReduced.pdf.
145 Personal Communication, Joe Kurtz, member, 156 Emily Gordon et al, “Water Works: Rebuilding
Greater Buffalo Urban Growers. Infrastructure, Creating Jobs, Greening the
146 Personal Communication, Joe Kurtz, member, Environment” (policy report, Green for All, 2011), p.
Greater Buffalo Urban Growers. 9, https://pacinst.org/wp-content/uploads/2011/10/
water_works3.pdf.
147 San Francisco Public Utilities Commission, “Urban
Agriculture and Community Gardens,” accessed 157 Ibid, 88.
January 18, 2021 at https://sfwater.org/index. 158 United States Environmental Protection Agency,
aspx?page=469. “Stormwater Management and Green Infrastructure
148 See, for example, St. Petersburg Code of Research,” November 27, 2020, https://www.epa.
Ordinances, “Community Gardens,” Section gov/water-research/stormwater-management-
16.50.085.4.5, https://library.municode. and-green-infrastructure-research#:~:text=Green
com/fl/st._petersbu g/codes/code_of_ percent20infrastructure percent20practices
ordinances?nodeId=PTIISTPECO_CH16LADERE_ percent20include percent20permeable,
S16.50.085COGA. disconnection percent2C percent20and
percent20urban percent20tree percent20canopies.
149 Gunwoo Kim, The Public Value of Urban Vacant
Land: Social Responses and Ecological Value, 159 Alvaro Sanchez Sanchez, Andrea Quinn, and Jeremy
Sustainability 2016, 8(5), 486; https://doi. Hays, Staying Green and Growing Jobs (policy
org/10.3390/su8050486. report, Green for All, 2013), p. 12, https://www.
americanrivers.org/wp-content/uploads/2016/05/
150 Boston Tree Party, November 27, 2020, https:// staying-green-and-growing-jobs.pdf.
www.facebook.com/BostTreeParty/; Portland Fruit
Tree Project, November 27, 2020, https://www. 160 Green For All, “Using a Jobs Frame to Promote the
portlandfruit.org/. Use of Green Infrastructure,” (presentation to the
Urban Water Sustainability Leadership Conference
151 Greater Milwaukee Foundation, “Urban orchards (2012), https://www.slideshare.net/CWAA/
and parks replacing vacant lots as partners using-a-jobs-frame-to-promote-the-use-of-green-
implement sustainability grant,” https://www. infrastructure.
greatermilwaukeefoundation.org/newsroom/recent-
news/partners-places/ 161 Magavern et al, Building the Blue Economy.
162 Ibid, 64.
81
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
163 Ioby, “Hough Community Solar Garden,” November 176 Alicia Eller, “Conceptual Artist Mel Chin Reflects on
27, 2020, https://ioby.org/project/hough-community- Revisiting His Site- Specific Revival Field P oject,”
solar-garden-cleveland. Star Tribune, October 20, 2017, https://www.
164 Robert Allen, “Urban Solar Farm in Detroit Will startribune.com/conceptual-artist-mel-chin-reflects
Power More than 450 Homes,” Detroit Free Press, on-revisiting-his-site-specific- evival-field-p oject-in-
September 16, 2019, https://www.freep.com/ st-paul/451885553/.
story/news/local/michigan/detroit/2016/09/16/ 177 Aaron Besecker, “A tree table grows on Michigan
urban-solar-farm-detroit-power-more-than-450- Avenue,” Buffalo News, June 1, 2014, https://
homes/90490300/. buffalonews.com/news/local/a-tree-table-grows-
165 Magavern, Working Toward Equality. on-michigan-ave/article_742a743f-0fa3-5edb-a7d0-
894616ccf6c5.html.
166 Jason Knight, Russell Weaver, and Paula Jones,
“Walkable and Resurgent for Whom? The Uneven 178 U.S. Department of Housing and Urban
Geographies of Walkability in Buffalo, NY,” Applied Development (HUD), Office of Policy Development
Geography, Volume 92, 2018, pp.1-12. and Research, “Temporary Urbanism: Alternative
Approaches to Vacant Land,” November 27, 2020,
167 Li Yin et al, “Walkability, Safety, and Housing Values https://www.huduser.gov/portal/periodicals/em/
in Shrinking Cities: Spatial Hedonic Study in Buffalo, winter14/highlight4.html.
Pittsburgh, and Detroit,” Journal of Urban Planning
and Development, Volume: 146, Issue Number: 3. 179 HUD, “Temporary Urbanism.” Photo from https://
philly.curbed.com/2016/12/15/13956458/the-porch-
168 Western New York Land Conservancy, “The 30th-street-station-report-photos.
Riverline,” November 27, 2020, https://www.
theriverline.com/. 180 HUD, “Temporary Urbanism.”
82
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
187 Laura Waxmann, “S.F. Supervisor Calls for 100 197 Christian Belanger, “Back to the Land Trust,”
percent Affordable Housing on Public Land,” San Southside Weekly, April 16, 2019, https://
Francisco Business Times, August 13, 2020, https:// southsideweekly.com/looking-back-community-land-
www.bizjournals.com/sanfrancisco/news/2020/08/13/ trust/
dean-preston-supervisors-housing-public-land-sf. 198 Center for Community Progress, “Frequently Asked
html. Questions about Land Banking,” November 27,
188 San Francisco City Planning Department, “Balboa 2020, https://www.communityprogress.net/land-
Reservoir and Community Advisory Committee,” banking-faq-pages-449.php
November 27, 2020, https://sfplanning.org/ 199 Buffalo Erie Niagara Land Improvement Corporation
project/balboa-reservoir-and-community-advisory- (BENLIC), “Frequently Asked Questions, November
committee-cac 27, 2020, https://www.benlic.org/faqs/. One
189 Nonprofit Housing Association of Northe n downside of the BENLIC superbid occurs in cases
California, “Surplus Land – AB 2135 Fact Sheet,” where the tax foreclosure sale would generate
November 27, 2020, http://nonprofithousing.o g/ surplus funds that would get returned to the
wp-content/uploads/NPH-AB-2135-Surplus-Land- defaulting homeowner. If BENLIC superbids, no
Fact-Sheet.pdf. surplus funds get returned.
190 City of New York, “Mayor Bloomberg Announces 200 BENLIC, FAQs.
City Will Reach 160,000 Units of Affordable Housing 201 Personal communication, Benjamin Brown, BENLIC.
Financed Under New Housing Marketplace Plan
by Year’s End,” press release, December 21, 202 BENLIC Strategic Plan, 2016-2018,
2013, https://www1.nyc.gov/office-of-the-mayor http://docs.wixstatic.com/
news/428-13/mayor-bloomberg-city-will-reach- ugd/9cc5a9_6c4528e3c5f543ac9b646be8d4bea85d.
160-000-units-affordable-housing-financed pdf.
under-new/#/0. 203 Land Bank Twin Cities, “What We Do,” November
191 Peter Harrison, “Making the City’s Vacant Land Work 27, 2020, http://www.landbanktwincities.org/what-
for the Public,” Gotham Gazette, March 8, 2018, we-do/.
https://www.gothamgazette.com/opinion/7524- 204 Little Rock Land Bank Commission, “Priorities
making-the-city-s-vacant-land-work-for-the-public. and Policies for Property Acquisition and
192 Hickey, Public Land. Disposition,” approved 2012, https://www.littlerock.
gov/%21userfiles/editor/docs/Priorities%2
193 Hickey, Public Land. and%20Policies%20for%20Acquisition%20and%20
194 Hickey, Public Land; and Square 134 Architects, Disposition%20%28Revised%202012%29.pdf.
“1115 H,” November 27, 2020, https://square134. 205 Philadelphia Land Bank, “Strategic Plan
com/portfolio/1115-h-street-ne/. and Performance Report, 2019,” https://
195 Stephen R. Miller, “Community Land Trusts: Why k05.f3c.myftpupload.com/wp-content/
Now Is the Time to Integrate This Housing Activists’ uploads/2019/07/2019_StrategicPlan_
Tool into Local Government Affordable Housing DRAFTREPORT_PublicRelease_060519_PRINT-
Policies” Journal of Affordable Housing 23, no. 3 6.5.19-REDUCED.pdf.
and 4 (2015), 361-362. 206 Greater Syracuse Property Development
196 City of Chicago Department of Housing, “Chicago Corporation, “Disposition of Real and Personal
Community Land Trust,” November, https://www. Property Policy,” Amended January 17, 2017, http://
chicago.gov/city/en/depts/doh/provdrs/developers/ syracuselandbank.org/wp-content/uploads/2014/02/
svcs/chicago-community-land-trust-for-developers. Disposition-Policy-2017.pdf.
html 207 Greater Syracuse Land Bank, “News,” November 27,
2020, http://syracuselandbank.org/news/.
83
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
208 City of Columbus, “The City of Columbus Land Bank 16, 2009, https://ppgbuffalo.org/files/documents
Community Garden Program, November 27, 2020, housing_neighborhoods/policies_and_programs/
https://www.columbus.gov/landredevelopment/ housingneighborhoods-_city_of_buffalo_2009-2010_
communitygardens/ action_plan.pdf.
209 Personal communication, Benjamin Brown, BENLIC. 226 NYS Constitution, Article VIII, Section 1.
210 Greater Syracuse Land Bank, Home Page, November 227 1988 N.Y. Op. (Inf.) Att’y Gen. 141. See also Murphy
27, 2020, http://syracuselandbank.org/. v. Erie County, 28 N.Y.2d 80.
211 Terri Weaver, “For first time, see every Syracuse Land 228 Margaret Dewar, “Selling tax reverted land: lessons
Bank house on interactive map,” Syracuse News, from Cleveland and Detroit,” Journal of the
November 21, 2019, https://www.syracuse.com/ American Planning Association, 72:2, 167-180, DOI:
news/2019/11/for-first-time-see-every-syracuse-land 10.1080/01944360608976737.
bank-house-on-interactive-map.html. 229 Allan Mallach, Bringing Buildings Back, National
212 Greater Syracuse Land Bank, Budget 2021- Housing Institute (2006), Chapter 11.
2024, http://syracuselandbank.org/wp-content/ 230 City of Buffalo Charter, §27-13.
uploads/2020/10/2021-2024-budget.pdf.
231 The New York State Public Authorities Law allows
213 Personal communication, Jocelyn Gordon, executive sale for less than fair market value if “the purpose
director, BENLIC. of the transfer is within the purpose, mission or
214 Ibid. governing statute of the public authority.” NYS
215 Ibid. Public Authorities Law §2897(7)(ii).
84
USING PUBLICLY-OWNED VACANT LAND TO ADVANCE SUSTAINABILITY AND EQUITY IN BUFFALO, NY
238 Cleveland Neighborhood Progress, “Reimagining 248 Christine Serlin, “Net-Zero Affordable Housing
Cleveland,” November 27, 2020, http://www. Opens in Vermont,” Affordable Housing Finance,
clevelandnp.org/reimagining-cleveland/. October 11, 2016, https://www.housingfinance.com
239 City of Detroit, “Gratiot/7 Mile Strategic developments/net-zero-affordable-housing-opens-
Plan,” November, 27, 2020, https:// in-vermont_o.
detroitmi.gov/departments/planning-and- 249 Illinois Clean Energy Community Foundation,
development-department/neighborhood-plans/ “Granite City Housing Net Zero Energy,” November
east-design-region/gratiot-7-mile-framework- 27, 2020, https://www.illinoiscleanenergy.org/grants-
plan#:~:text=The percent20Gratiot percent2F7 awarded/case-studies/granite-city-housing-net-zero-
percent20Mile percent20Neighborhood,and energy.
percent20investment percent20in percent20the 250 Affordable Housing Finance, “Net-Zero Energy
percent20neighborhood.&text=The Community Gets Under Way,” October 1, 2010,
percent20Gratiot percent2F7 percent20Mile https://www.housingfinance.com/news/net-ze o-
percent20planning,Whittier percent20Avenue energy-community-gets-under-way_o
percent2C percent20and percent20Schoenherr
percent20Road. 251 Jeffrey Yuen, “City Farms on CLTs,” Landlines, April
2014, https://www.lincolninst.edu/publications/
240 United States Department of Agriculture, Green articles/city-farms-clts.
Pattern Book: Using Vacant Land to Create Greener
Neighborhoods in Baltimore, 2015, https:// 252 Union Studio Architecture, “Sandywoods Farm,”
www.baltimoresustainability.org/wp-content/ November 27, 2020, http://unionstudioarch.com/
uploads/2015/12/Green_Pattern_Book.pdf. wp-content/uploads/2015/02/sandywoods_farm-
project-page.pdf
241 USDAG, Green Pattern Book.
253 Data provided by the Buffalo Urban Renewal
242 City of Chicago, Green Health Neighborhoods Plan, Agency.
adopted 2014, https://www.chicago.gov/city/en/
depts/dcd/supp_info/green-healthy-neighborhoods.
html.
243 The description of the Congress is taken from
https://ppgbuffalo.org/files/documents/push
buffalo_27s_green_development_zone.pdf.
244 Data from the Buffalo Urban Renewal Agency.
245 Clean Energy Finance Forum, “Habitat for Humanity
Pioneers Net-Zero Affordable Housing,” November,
27, 2020, https://www.cleanenergyfinanceforum
com/2016/02/02/habitat-for-humanity-pioneers-
affordable-net-zero-housing
246 United States Department of Energy, “Kapuni
Village,” November 27, 2020, https://www.energy.
gov/eere/downloads/kaupuni-village-closer-look-
first-net-ze o-energy-affordable-housing-community-
hawaii.
247 Danielle Andrus, “Net-Zero Houses: Energy-Efficient
Solutions to an Affordable Housing Crisis,” Colorado
Builder, June 5, 2019, https://coloradobuildermag.
com/build/green-building/net-zero-heroes/.
85
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