Defining A Housing Crisis
Defining A Housing Crisis
Defining A Housing Crisis
Tear down the old. Build up the new. Down with rotten, antiquated rat
holes. Down with hovels. Down with disease. Down with crime. Down with
firecraft. Let in the sun. Let in the sky. A new day is dawning. A new life.
A new America!
—Fiorello La Guardia, 1944 1
New York City had tolerated its tenement districts for decades, and even
modest forms of tenement regulation amassed a dismal record. The
Great Depression, however, weakened New York’s inviolate traditions of
private property. Housing reformers, in this moment of crisis, reinvigo-
rated the Progressive-era notion that tenement districts (Figure 1)
threatened the health and long-term welfare of the city as a whole.
These zealous activists used the mass media, exhibitions, and public fo-
rums to sell public housing as the most enlightened means of compre-
hensive urban reconstruction. For the first time in New York’s history,
the notion of replacing tenements with housing built and managed by
the government began to seem reasonable.
What eased the selling of public housing in New York, and the found-
ing of NYCHA in 1934, was not only the promise of thousands of jobs
but also the seductive model of European public housing developments.
Idealized visions of European housing projects became a key ingredient
in New York’s sales pitch. New social housing, on a European scale,
would be paired with an expanded array of New Deal–funded municipal
public works that would usher in a more enlightened urban age. New
York would thus end the private sector monopoly on low-rent housing
by establishing public housing as a new municipal service that both
cleared slums and built model housing in its place.
In the years before the Housing Act of 1937 and the state housing pro-
grams approved in 1938, NYCHA built little, but its leaders laid the
groundwork for what became America’s largest housing program. The
housing authority secured its legal right to condemnation for public
14 A Municipal Service
Figure 1. Tenements, typical of those that once covered much of the city, on the
site of what became Amsterdam Houses (1948). La Guardia Wagner
Archive/NYCHA Photograph Collection.
The city’s leaders, thought Mayer, had to create “a way of life that can
compete with suburbs.”7
These convergent visions of crisis—substandard housing as both a hu-
manitarian and civic threat—focused on the old-law tenements. That
the old-law tenement, a mix of subdivided single-family homes and
purpose-built congested walk-ups, remained a staple of the New York
housing scene frustrated housing reformers. Frontal assaults on the ten-
ement evil in the form of Tenement House Laws from 1867 and 1879
had little improved the state of New York’s tenements. Housing created
under these laws (so-called old-law, or dumb-bell tenements) often
lacked indoor plumbing and central heating, and, because they were
very nearly built out to the lot line, sufficient air or light. Windowless
rooms were all too common. Reformers in 1900 counted eighty thou-
sand tenement buildings that housed over two million unlucky
denizens. The 1901 reforms, adopted in an era of Progressive reform,
set higher standards of air, sanitation, and light, including much en-
larged central courts. The “new-law” tenements that resulted from the
legislation sprouted uptown in Manhattan or in the outer boroughs
rather than in the crowded tenement neighborhoods. The Multiple
Dwelling Law of 1929 finally mandated what could be considered mod-
ern standards of light, construction, and hygiene, but the Depression
muted the law’s impact by halting almost all new construction.8
Direct regulation of existing old-law tenements had proved equally
unsatisfying. The Tenement House Department, a result of the 1901 leg-
islation, had been designed to supervise new construction and improve
existing housing by requiring updates such as indoor toilets, new win-
dows, and fireproofing. Many indoor toilets and windows had been in-
stalled, but the department’s inspectors had limited success confronting
the city’s squalid tenement districts. The 1901 law, after all, grandfa-
thered existing old-law tenements; enforcement of violations proved
time consuming; machine politicians interfered; funding was inade-
quate; and business interests whittled away at the department and its un-
derlying legislation. Government action threatened what was likely the
city’s most lucrative industry. One of the key figures in the department,
Lawrence Veiller, became frustrated by the painfully slow progress in up-
grading slums, but he, like many others in his generation, viewed public
housing as inimical to American values.9
Tenement districts thus remained in the 1930s an easy target for reform-
ers with a grand vision. Old-law tenements might have suffered from a 20
percent vacancy rate by 1933, but large segments of New York’s poor obvi-
ously still lived in the 80 percent still occupied. They endured irremedia-
ble infestations, substandard or nonexistent sanitary facilities, drafty
windows, and tiny courtyards that barely permitted air circulation. Tenants
Defining a Housing Crisis 17
with its tradition of model low-cost housing, actually gained approval for
two projects. Under this program, the Fred French company built
Knickerbocker Village (1933), a high-rise slum clearance project on the
Lower East Side; the future federal administrator and wealthy philan-
thropist Nathan Straus Jr. built Hillside Homes (1935) in the Bronx.
Both of these developments proved to be important, if different, prece-
dents for NYCHA (see Chapter 3).14
Few New Yorkers believed that limited-dividend or philanthropic
housing like these would make much of a dent in New York’s housing
deficiencies. Limited-dividend programs would have seemed much
more impressive had they been on a scale to rival programs in Europe.
By 1905, London’s limited-dividend corporations had built housing for
123,000 people. London’s municipal corporation, the London County
Council, had even built 15,000 public housing units before World War I.
In the interwar years publicly subsidized housing in Europe became a
mammoth operation. Why not New York?15
European Envy
Housing is the one field where private enterprise and individual initiative
have notoriously failed. . . . For reasons inherent in our political thinking,
the State has not interfered in private housing in this country and the State
housing reforms which have played so large a part in the mitigation of Eu-
ropean slums are here unknown.
—Editors of Fortune, 193216
Many New Yorkers had lost patience with demonstration projects; they
now envisioned a government housing program as a powerful tool of
humanitarian and civic transformation. Mary Simkhovitch took the
housing lawyer Ira Robbins aside one day in 1933 and informed him
that “this business of trying to improve conditions in old-law tenements
is all right . . . But we ought to do what they did in Vienna.” What they,
the socialists, did in Vienna was to create some of the most attractive
public housing developments the world had ever seen—and on a
tremendous scale. Langdon Post, the first chairman of NYCHA, also be-
lieved that because “practically every country in Europe has accepted” a
role in low-cost government housing, “for the first time the slums of Eu-
rope are really being cleared.” New York housing advocates had obvi-
ously tuned their program to the European one.17
America and New York had dithered in housing because before the
1930s no sense of crisis existed on the American urban scene. Few Amer-
icans before the Great Depression honestly believed that America would
Defining a Housing Crisis 19
not redevelop its old housing in due course. As a nation engaged in con-
stant acts of creative destruction—and blessed by abundant land around
its cities—excessive concern about housing quality reflected a lack of
faith in American social and geographic mobility. The Depression weak-
ened this confidence and many worried that the country, and its older
cities, had shunted into a permanent decline. It looked as though Amer-
icans might finally have to plan and upgrade older urban areas. In the
context of diminished expectations the European model of urban re-
construction took on new meaning. A country such as Great Britain, in
obvious economic decline, had somehow still managed to clear slum dis-
tricts and rehouse large segments of its populace.18
Americans had made frequent pilgrimages to leading examples of
good planning in the late nineteenth and early twentieth centuries,
whether Birmingham, Frankfurt, London, or Paris. There they found
not only new boulevards and grand public buildings but also more prac-
tical innovations such as zoning, abundant recreational facilities, public
markets, public baths, and improving sanitation. Even more astounding,
and somewhat unsettling, was the discovery of low-cost housing, in both
city centers and the suburbs, partly subsidized by city governments.
America’s municipal reformers made significant progress in areas such
as public water, public markets, schools, sanitation, parks, zoning, and
occasionally public transit, but otherwise American reformers could do
no more than gaze longingly at European municipal reforms in areas
such as town planning and housing.19
During the 1920s the distance between Europe and the United States
grew, particularly in terms of municipal housing. Even before World
War I, a few European municipalities directly built a few thousand hous-
ing units of low-cost housing; quite a few cities also subsidized an im-
pressive volume of low-cost housing undertaken by a mix of
philanthropists, building societies, cooperatives, and limited-dividend
corporations. The left-leaning interwar years, however, were notable for
vast programs of low-cost housing, according to the historian Daniel
Rodgers: “In all, between 1919 and 1933 some six million new dwellings
were built in Europe, three million of them outside the framework of
the private housing market.”20 Vienna’s famous public housing projects
may have been designed as the vanguard of a new social order that
would destroy capitalism, but municipal housing in this period did not
require Vienna’s extreme version of municipal socialism. Council hous-
ing authorities in Britain alone, for instance, had built one million
homes by 1938.21
Many New Yorkers who later played leading roles in public housing,
such as the housing lawyer Louis Pink, Nathan Straus Jr., and the social-
ist leader B. Charney Vladeck, had toured European social housing
20 A Municipal Service
list of wealthy owners of tenements,” he began, “you will think you are
reading the social register.”37 By 1937 Langdon Post would even alarm-
ingly admit that public housing would “to some extent . . . compete with
existing old-law tenements in the city and with obsolete buildings.”38
Opponents of public housing in this era now found themselves in the
position that had long stymied reformers: they lacked an alternative vi-
sion. With few new houses under construction in the Depression years,
and many more being lost to decay, real estate interests could scarcely
compete with a dazzling vision of new hygienic housing featured in
books, articles, editorials, talks, and exhibits. Refusing to accept that a
genuine crisis in housing existed left them effectively on the sidelines.
Opponents would reemerge during the postwar boom when suburban
private housing again came within reach of the region’s working-class
population, but by then the public housing programs had become well
established.
Institutionalizing Housing
European precedents proved essential in selling housing, but a genuine
talent for lobbying shown by housing reformers closed the sale. A new
generation of reformers and political figures demanded a level of gov-
ernment action that in another age had been taboo. They were so good
at their business that they managed to convince a reluctant Roosevelt ad-
ministration to go along with a comparatively daring national public
housing program.
Public housing received a boost locally from New York’s leftist tint.
Labor leaders such as Sidney Hillman of the Amalgamated Clothing
Workers of America encouraged the city to build housing for the jobs it
would yield. B. Charney Vladeck, one of New York’s socialist leaders and
a founding member of NYCHA’s board, boldly claimed, “There could be
no adequate rehousing in the country until the time when the ‘hold’ of
the real estate interests on urban America ‘is completely broken.’ ” The
municipal socialist Paul Blanshard of the powerful City Affairs Commit-
tee effectively lobbied the city government for new housing.39 A massive
labor rally in 1934 even called on the city “to recognize housing con-
struction and maintenance as a ‘public enterprise’ in the same category
as transportation and education.”40
The socialist tradition made a difference at the local level and often
smoothed the way for government action. Many tenement neighbor-
hoods, with strong leftist traditions, devoted significant political capital
to the early competition for housing projects. Brownsville community
activists, according to the historian Wendell Pritchett, desired public
housing in the 1930s because “unlike other working-class groups that
Defining a Housing Crisis 25
First Lessons
At first glance it looks as though the New York City Housing Authority
in these early years had limited success. On closer examination, how-
ever, it becomes clear that Langdon Post and those around him began
shaking up the economic and legal framework of New York City. The
federal government may have approved only two projects before the
Housing Act of 1937, and the state and city programs were not approved
until 1938, but NYCHA undertook vitally important research and ini-
tiatives.
The notion of crisis received a powerful boost from Post’s determina-
tion to clear tenement houses from congested neighborhoods. Such a
28 A Municipal Service
dramatic program required little money but would both eliminate sub-
standard housing and create pressure among the working class for pub-
licly subsidized housing. Post, it appears, single-handedly “revived the
long disused power to vacate buildings found to be unfit for human
habitation.”57 In his dual role as head of the Tenement House Commis-
sion, Post began work on slum clearance projects that replaced con-
gested tenement blocks with new park space.58
Post aimed to pressure owners to comply with forceful amendments
to the multiple dwelling law made in 1935. He “estimated that nearly
half of the 65,000 old-law tenements would be unable to comply” with
the new laws that would go into effect beginning 1 January 1936. Tene-
ment owners, now redefined to include mortgage holders (and the
banks held many more mortgages than normal as a result of the Depres-
sion), appeared unwilling to pay the high costs of renovating tenements
long past their proper expiration date. Post openly paired this enforce-
ment to building pressure for public housing because he frankly ac-
knowledged that those displaced from this housing would not “be
provided by private initiative” because of their low income levels. He ar-
gued, instead, that “government subsidies are the only way.”59
Between 1934 and 1936 the authority demolished 1,100 old-law tene-
ments, which represented ten thousand dwelling units.60 Another forty
thousand apartments were lost to abandonment by property owners in-
dignant over the new city regulations.61 In 1936, Post predicted that
“demolition of old houses and the condemnation of others as unfit for
human habitation would contribute to the housing shortage.” As he
himself said, “The only way to get action [on public housing] is to cre-
ate the need.”62 When many banks and other property owners initiated
mass evictions from substandard buildings, Post offered a temporary stay
on criminal liability for building owners. During this crisis he called
again for a “long term public housing program.”63 Even a housing advo-
cate such as Harold Riegelman had to acknowledge that “from excellent
and humane motives we have thus accelerated the housing shortage . . .
if we keep on this course we shall have the highest housing standards in
the world, while a third of the population sleeps on park benches.”64
Post had, in fact, achieved his goals of turning the housing authority
into a powerful organization with the ability to shift the city’s political
economy. NYCHA would remain an authority dedicated to slum clear-
ance until the 1960s. Clearing slums for parks and other public uses,
however, remained distinct from clearing slums for public housing. It
was the experimental First Houses (1934) project that created this pow-
erful combination.
First Houses, NYCHA’s first project, might be forgotten today were it
not for its being first and a test case for the power of housing authorities
Figure 3. This modern image of First Houses (1936) illustrates both its modest scale and its integration with the surround-
ing neighborhood. Photograph by Seth Knudsen.
30 A Municipal Service
(Figure 3). NYCHA had launched First Houses to demonstrate the po-
tential for tenement renovation, favored by real estate interests, without
replacing potential federal support for new housing projects. First
Houses was built with labor donated by the Federal Emergency Relief
Organization using WPA labor. The authority partly acquired the prop-
erty, on the Lower East Side, by exchanging authority bonds for slum
properties Vincent Astor wished to relinquish. The philanthropist
Bernard Baruch bought authority bonds to help finance the project.
NYCHA also sold salvage materials, gleaned from its clearance projects,
to raise funds for its operations.65
First Houses remains one of NYCHA’s most attractive complexes, but
it turned out to be very expensive per room because of high labor costs,
poor planning, low densities, and high quality materials (see Chapter 3
for details). These high costs turned out to be more of a public relations
problem than a practical setback because the federal government’s do-
nation of labor and material permitted rents of only $6 per month per
room. By achieving low rents the authority could claim success. First
Houses also, according to Post, firmly established “the marketability of
Housing Authority bonds” and the “Authority’s right of condemnation.”
These were, indeed, two very important principles. NYCHA would, over
the decades, raise billions through bond sales for both short-term and
long-term needs.66
The legal basis of the authority’s operations, established in New York
City Housing Authority v. Muller, proved central to public housing not only
in New York but also in the nation as a whole. NYCHA records from the
1930s indicate that Andrew Muller, one of the property owners of what
would become the First Houses site, “contended that the Municipal
Housing Authorities Laws, as well as the State Housing Law, violated the
constitutions” of both the federal and state governments. He believed
“that the taking of his property was for a private use” and the municipal
housing laws “for the benefit of a class.” Like many others at the time,
he thought that the police power constituted the extent of government
power over private housing.67
NYCHA’s counsel, Charles Abrams, composed the 1936 brief that
placed America’s public housing program on a solid legal basis. Abrams
employed a historical argument by dividing the history of New York
State housing law into three periods: “Purely restrictive legislation [ten-
ement house laws] . . . Constructive legislation [limited dividend] . . .
[and] Constructive legislation through public low-rental housing.”68 The
historian Scott Henderson believes Abrams’s legal strategy effectively
demonstrated that “these stages suggested a progressive increase in pub-
lic activity,” thus housing authorities could be seen as a legitimate ex-
pression of this trend.69
Defining a Housing Crisis 31
In 1936 the New York Court of Appeals accepted his logic and upheld
a lower court decision in NYCHA’s favor by arguing in a similar fashion
that the police power of the state had proved inadequate to the task of
remedying slum conditions. The court, in a fit of sociological jurispru-
dence, argued that to end the “evil” of slums and offer low-cost housing
it was necessary to create “large scale operations . . . under direct control
of the public itself.” Such operations were not designed to benefit a cer-
tain class but to “safeguard the entire public from the menace of the
slums.” The state’s interest in slums was buttressed by the loss of taxes
and the high cost of services. Government housing was no different
from the city’s assumption of “many activities formerly and in some in-
stances still carried on by private enterprise.”70
The decision established the legality of NYCHA’s operations and
opened the way to an expansion of its activities in future years. Its lan-
guage also lent credence to Post’s and La Guardia’s definition of public
housing as a legitimate municipal service. Because the Public Works Ad-
ministration (PWA) had failed in the courts to build public housing di-
rectly (in United States v. Louisville, 1935), it was logical that local housing
authorities, based on the Muller decision, would not only be able to con-
demn land but ultimately be entrusted with the design and construction
of public housing.71