Category: Property Matters

Some considerations on Property Tax

At this point in time, the nation’s budget is running at a deficit for the third successive year and the Minister of Finance is tasked with developing new sources of revenue.  I think it is time to return to the question of property tax.

According to a recent statement by the Minister, if all the taxes due were paid, we would not have any budget deficit.  The ‘tax gap’ is the difference between the total taxes owed and the actual taxes collected.  While the notion of total compliance by taxpayers would be somewhat unrealistic, the goal of closing the ‘tax gap‘ is certainly one worth pursuing.

As I wrote on 19th September in this space –

…consider that rental income is also subject to income tax.  Not many people who own rental property actually pay income tax on that rental income – if you don’t believe me, just ask a few friends or relatives who own rental property.  This seems to me to be an area in which the Finance Minister can easily collect the data and increase the State’s revenue by staying within the ‘No New Taxes’ promise and implementing the laws which are already on the books…”

I am returning to the subject in this article.

When one considers how wealth accrues in our society, it is obvious that property forms a significant part of the nation’s assets.  A great portion of the wealth of our successful citizens flows from rentals, buying blocks of land to sub-divide and sell-off lots, development or just flipping (buy low, sell high).  There is no doubting that property dealings are a significant wealth-creating engine in our society.

The property sector is lightly taxed, with no real capital gains taxes, very little income tax collected on rentals and very low rates paid for Lands & Buildings Taxes/House Rates.  Only in the case of Stamp Duty is there a somewhat modern system in place, but even that has been effectively neutralized by the real traders.

The widespread and varied protests against the PNM’s Property Tax proposals seemed to me to be divided into two types.

  1. Firstly, the general mood of protest against paying any further monies to a wasteful and corrupt government.
  2. Secondly, we were fed the notion of inequity, with many examples about pensioners and the less well-off families being heavily promoted.

In saying so, it is striking to me that the position of the serious property dealers remained concealed in that campaign, which was effective in seeking after sympathy-support.  Almost reminds me of the Clico Policyholders Group.

The first class of objection is practically dead, given the strong mandate given to the PP in the General Election.  That said, it would be literally playing with fire for them, having achieved office by campaigning against the PNM proposals, to bring forward a new property tax in a similar mode.

The second class of objection is interesting in that it could be instantly invoked to play on our natural sympathy for the ‘underdog’.

I am proposing that the Minister of Finance consider targeting rental income for taxation.

So, what are the merits of this proposal?

  1. Firstly, the information could be easily gathered in the upcoming national census, for which enumerators have already been trained.  All that is required is three simple questions –
    1. Do you rent your home/business? – Yes or No?  If the answer is no, the other questions are omitted.  If the answer is yes, the next two questions apply.
    2. Who is your landlord?/To whom do you pay rent?
    3. How much rent do you pay?

    Given the natural tension between landlords and tenants, it is difficult to imagine many tenants concealing or distorting facts for the benefit of their landlords.  The simple fact is that there is plenty of information just waiting to be collected.

  2. Secondly, the legislation is already in place, so there is no need to get any law changed or go to Parliament for any discussion.  I am proposing purely administrative measures, in which our existing laws would be properly enforced, something the public is continually calling out for.
  3. Thirdly, owner-occupiers will be lightly taxed under the present arrangements, while only the landlords will pay income tax on their rental income.  That will negate the sympathy-objection, as outlined above.

In terms of actual implementation, it would be advisable to get a high rate of participation by offering a tax amnesty to those who filed corrected tax returns within say 3 months.  The waiver of penalties and interest charges on the 6-year tail of liability would be an attractive incentive to sensible investors.

Just to be clear, the payment of income tax on rental income does not set-off or reduce a property owners’ liability to pay property tax, as in the case of Land & Buildings Taxes or House Rates.

There is a substantial pool of untaxed income, together with an inescapable means of gathering the necessary information.

The only question is ‘What are we waiting for?’

SIDEBAR –Property Tax Act 2009 – an update

The closing act of the last PNM regime was the vastly-unpopular property tax, which was assented-to by our President on 29th December 2009, after bruising months of public protest and many, many uninformed statements.  The Property Tax Act 2009 was to be the basis of a complete revision of our country’s property tax system, insofar as the old Land & Building Taxes and House Rates were concerned.

The nationwide protest against the Property Tax proposals was a key factor in coalescing the opposition to the PNM and seemed to me to have paved the way to the electoral victory of the People’s Partnership government in May 2010.  One of the PP’s most distinctive and popular manifesto promises was the repeal of that Property Tax Act.

I was in support of the proposed changes to the Property Tax system as being long-overdue.

As things stand, no Property Taxes have been paid for 2010 and the Minister of Finance has given property-owners a waiver for this year.  That waiver amounted to over $140M and it remains unexplained.

There have recently been advertisements seeking details from property owners to update the database for Lands & Buildings Taxes, so it seems that some further revisions are to take place.

Creating a Context – the role of planning

investment-decisionFor me, the key point at which we lost our way in the UDeCOTT/HDC/NIDCO bobol, was the crossroads of the Investment Decision.

That Investment Decision is an indispensable part of any rational process of development, for families, businesses and countries alike.  The national level is my concern and there must be broader considerations in making those decisions.

It is clear from the depth of the failure, that the last administration lost its way completely, insofar as elementary concepts such as opportunity cost, payback periods, cost-benefit analysis and so on.  We have only now begun to scratch the surface in terms of understanding the extent of the losses and corruption – readers, please be reminded that as yet, we have no accounts for UDeCOTT or HDC for several years.  In normal business thinking, the failure to publish accounts without even an attempt at an explanation is tantamount to an admission of the most serious problems.  Only State-owned organisations can get away with that kind of irregular conduct, which is maybe why they do it.

My concern in this article, is that apart from the Investment Decision in the case of specific projects, the State has an obligation to consider the wider picture in terms of fine-tuning, timing and phasing those projects.  Our last land-use plan in our country was approved by the Parliament in 1984 and we have had several fruitless attempts to revise that plan.

The focus here is on the need for a proper practice of integrated planning, in particular long-term land-use and town-planning.  By integrated planning I am speaking to an approach which takes account of varying principalities, such as land-use, financial constraints and national targets.  In addition, the approach allows a balance to be struck between the competing demands within various time-horizons, such as immediate demands, medium term demands (say, 10 to 20 years) and longer-term considerations.

Lack of an updated national Land-use plan
As I wrote in the Business Guardian of 9th October 2008 –

Dr. Emily Gaynor Dick-Forde, former Minister of Planning
Dr. Emily Gaynor Dick-Forde, former Minister of Planning, 2007-2010

“The Minister of Planning, Housing and the Environment spoke at a breakfast meeting of the Couva/Point Lisas Chamber of Commerce on September 10, and some of her reported comments deserve our close attention.

The minister told her audience that the National Physical Development Plan was passed in 1984 and had been continually updated, but that “that plan has somehow never reached to Parliament.” Somehow. The mind boggles.

One report said, “Dick-Forde said the external and internal committees on national development were working towards the completion of the National Development Plan, which will be taken to Parliament in the next two years.”

When this tidal wave of development is at an ebb, we will then have a plan tabled in Parliament for discussion. To what end?”  see http://www.newsday.co.tt/politics/0,85974.html

Given the last Minister’s stated timetable, we ought now to be having a draft plan published for consideration.  Where is this, Minister King?  When do the consultations start?

Transportation planning

Austin 'Jack' Warner, MP, Minister of Works & Transport
Austin 'Jack' Warner, MP, Minister of Works & Transport

This is a vital, related area and Minister of Works & Transport, Jack Warner, told us that the PNM government paid $21M for an incomplete Comprehensive National Transportation Study (CNTS) – see http://guardian.co.tt/news/general/2010/10/09/warner-pnm-paid-21m-non-study – and I agree.  That fact only makes the situation more doubtful, since we seem to be making major transportation system decisions in the absence of a strategic plan.

Just consider –

  1. The Tunnel to Maracas
    This was first announced in the 2011 Budget – see http://www.finance.gov.tt/content/Budget%20Statement%202011.pdf at page 24 

    …We all know how difficult it is to access Maracas Bay through the North Coast Road.

    Currently, it takes approximately 45 minutes to get from Santa Cruz to Maracas Bay. Furthermore, landslips on the North Coast road are a major deterrent to persons wishing to access this scenic route for pleasure or business. As a result we will do a business plan for a new: ‘Connective Development Project’. This project would create an underground tunnel from Maracas Valley to Maracas Bay, to enable quicker access to the North Coast…

    That strange project was then taken up by Warner at length – see http://guardian.co.tt/news/general/2010/09/26/warner-s-tunnel-take-next-year

  2. The expansion of the Highway Network
    We are now aware that the National Infrastructure Development Company (NIDCO) is proceeding with ambitious Highways packages from San Fernando to Point Fortin, with the San Fernando to Mayaro route under active discussion – see http://www.newsday.co.tt/politics/0,124988.html.
  3. Coastal Water Taxis
    It seems that the government has changed its mind, three times, on this part of our public transportation system.  Firstly, we were disposing of two of the four new water-taxis as being superfluous.  Secondly, there was an about-face, in which it was decided to keep the new water-taxis.  Most recently, I have seen advertisements for the provision of brokerage services for the disposal of these vessels.  Again, what is the basis?

Sewer Treatment plants and the threat of cholera
We recently had shocking stories about the leaking of significant amounts of untreated sewage into the Maraval reservoir – see  http://guardian.co.tt/news/general/2010/11/19/wasa-boss-moka-residents-must-pay-repair-sewerage-plant.  That is no surprise, given the widespread practice of property developers walking away with their profits in hand upon completing the sales of their properties, but with no proper plan for the maintenance of the sewer treatment plants.

Once again, this is an area which urgently needs to be addressed in terms of town planning, local health, WASA regulations and adequate financial mechanisms for ongoing maintenance of these facilities.

The Housing Development Corporation (HDC)
hdc-logoThe HDC’s new target for 2011 is 6,500 new homes and that is still a huge number.  Given our limited land resources and the absence of a national planning framework, how is this to proceed?

There remains the unanswered question as to what is the basis for these decisions?

The Limits of our financial resources

The Minister of Finance recently called for Ministries to not implement any new large projects, due to the financial limits constraining state expenditure – see http://www.newsday.co.tt/news/0,129148.html.  That is a valid call, which shows that the time is ripe for us to plan our major strategies and projects so that they can conform to some sort of national context.

That context would have to include elements such as land-use, transportation implications, financial limits and the question of the capacity of the economy to meet the targets being set.

SIDEBAR: Fuel subsidies in national planning

The question of fuel subsidies is an important part of this integrated planning discussion, since, at approximately $2.8Bn, they are a large part of our national expenditure.  More to the point, the effect they have on our behaviour is largely unremarked, which is paradoxical – the gas price being so low that we do not really consider it in our daily choices.

It is a classic example of the sort of ‘policy silos’ which the integrated planning approach seeks to overcome.

The Minister of Works & Transport speaks out strongly against the heavy subsidies necessary for the operation of the Coastal Water Taxis – no statement from Warner on the larger sums spent on the fuel subsidy.  The Minister of Energy, in the run-up to the budget, says that these fuel subsidies may need to be reduced.  The Minister of Finance, in his budget address, said –

“…The largest Subsidy is on petroleum products, particularly gasoline which usually represents one to two percent of GDP per annum. All of our citizens benefit from this subsidy. It is often difficult to determine whether resources are being used wisely to achieve the intended objectives of subsidies. We are currently reviewing whether alternate options are more efficient…”

We need to develop a holistic view of the various subsidies being paid in our economy and transportation subsidies, including fuel, are important considerations.

The goal of promoting the wider use of public transportation has to be adopted with some vigour and creativity.  The fuel subsidies enjoyed by small vehicles – say, less than 12 passengers – should be gradually reduced with a shift of those subsidies to larger-capacity vehicles.  They make more efficient use of our limited roadways and would reduce the adverse effects of traffic and pollution.

The three Ministries concerned should join with the Ministry of Planning in mapping out these strategies and policies.

The strategic goal should be to decrease the convenience of individual car-journeys and increase the convenience of the mass-transit approach.

It is no easy shift to go from today’s congested reality to the medium-term goal of a much-improved transportation system with travelers having several choices.  That journey would involve a virtual culture-shock for most of us, but it is one we should start, sooner than later, for our common good.

That is one of the examples of how an integrated planning approach can offer fresh solutions to serious problems.

Property Matters: Some comments on the property and construction proposals of Budget 2011

Winston Dookeran, MP and Min. of Finance reading Budget 2010. Original photo courtesy Trinidad GuardianThis was the inaugural budget for both the newly-elected People’s Partnership and its Finance Minister, Winston Dookeran.

The burning question for me in preparing these comments was the big one – “Is the Honeymoon over?”

In my view, the honeymoon for this new government will last about 6 months, given the sheer scale of the mess they have inherited.

There were real expectations aroused in the recent election campaign and the reduced revenues available to the State would have made the budget into a balancing-act, particularly when one considers the repeated promises of ‘No New Taxes’.

The main items on the property and construction aspects were –

  1. PROPERTY TAX
    The Property Tax was ‘Axed’ as promised – “…The Property Tax will be replaced by the old Lands and Building Taxes regime at the old rates and old values. There will be a waiver of lands and buildings tax for the year 2010…”There has been a misleading rebuttal on this from the Opposition Leader, Dr. Keith Rowley, in that the 2011 Estimates of Revenue tell us that the Land & Building  Taxes are expected to increase from $71.4M to $173.8M.  Rowley’s statement would lead one to think that the property tax take would be of the order of $300M, due to the omission of the municipalities. In fact, that is not the case, since the revenue of the five municipalities (POS, San Fernando, Arima, Chaguanas and Point Fortin) are found in the Estimates of Revenue for Statutory Boards and Similar Bodies etc.  Due to the fact that one of the effects of the controversial property tax was to relieve these municipalities of their powers to tax property, the 2011 estimates of revenue need to be properly interpreted.  The municipalities are estimated to raise revenue of nil in 2011, since all their revenue – as well as that of the regional corporations – is collected by the Counties and transmitted to the Central Government.The true picture is that $142.52M was the estimate of revenue from property taxes in 2009 – that is the combined figure for House Rates, paid in municipalities, and Land & Building taxes paid elsewhere.  We are therefore anticipating an increase in revenue from this source of the order of 18%.

    No rationale was given for the waiver of property taxes for 2010, which was an astonishing decision, given the background against which the budget was drawn up.

    Before I leave the property tax topic, it is interesting to consider that rental income is also subject to income tax.  Not many people who own rental property actually pay income tax on that rental income – if you don’t believe me, just ask a few friends or relatives who own rental property.  This seems to me to be an area in which the Finance Minister can easily collect the data and increase the State’s revenue by staying within the ‘No New Taxes’ promise and implementing the laws which are already on the books.  But more on that in a later article.

  2. HOUSING
    The Minister of Finance made strong statements in support of home ownership, he also outlined what appears to be a merger between several State-controlled mortgage companies.  No target numbers of new homes to be built were given. The Housing and Environment Minister, Dr. Roodal Moonilal, recently announced that the Housing Development Corporation’s (HDC) new output target is 6,000 new homes in 2011. The Housing and Environment Ministry have zero allocation of capital funding according to the 2011 Estimates of Expenditure.  There is an allocation of $845M to the Hosuing and Settlements programme shown in the Public Sector Investment Program (PSIP).  Those estimates should cross-reference with each other and the fact that they do not is cause for concern, to say the least. This is the pattern of State spending on new homes, derived from the capital allocations only –

    Year Housing Ministry Capital Allocation ($M)
    2008 $718.70
    2009 $1,342.40
    2010 $860.40
    2011 $845.00

    There was also the revival of an annual tax credit of $18,000 per household for first-time owners for the first five years.  That measure is expected to cost $20M, which implies that just over 1,100 households will benefit from this provision.  To quote – “…This measure will generate significant investment in the private sector housing industry….”  Given the quantity of unsold, privately-built homes and the volume of HDC units soon to be released onto the market, it seems quite unrealistic to expect that this measure could yield ‘significant investment‘.

    What is of greater concern to me is the question of whether we are at the limits of possibility as to home-ownership levels.  76% of our households now own their homes, the comparative figure for the USA is 69% and for the UK it is 68%.  How realisitic is it to keep pushing for increasing home-ownership?

    The HDC’s low-cost ‘Accelerated Housing Program’ stalled, with over 10,000 empty homes as proof, due to a shortage of applicants who could qualify for a mortgage.

    The Minister of Finance spoke of the neglect with which our organisational and institutional infrastructure had been treated and I could not agree more.  On this count, there needs to be proper consideration given to the resucitation of the Rent Control Boards.  Also, the HDC needs to start giving some of those empty homes to people who just want to rent.

  3. Special Purpose Entities (SPEs) – What is their future in this new dispensation

    Mr. Speaker, no coherent, co-ordinated planning or strategy for state enterprises exists. As a result we have begun to rationalize the state enterprises, including the special purpose companies, which will incorporate a new accountability system that goes beyond the presently operating company ordinances. It is these loopholes in public accountability that resulted in the UDeCOTT scandal. This must never again happen in Trinidad and Tobago.

    Now that this just not so since there is a Performance Monitoring Guide of State Enterprises, published by the Investments Division of the Ministry of Finance in 2008. (see – http://www.finance.gov.tt/content/pub0DCE11.pdf)

    This issue, as always in our country, is one of implementation.  The provisions  of that guide are not being followed and the wrongdoers are not being called to order.

    The issue for us is to prevent the recurrence of that pattern of mismanagement and disorder in public affairs.  That can only happen if we enforce the present guidelines and systems.

In the next column, I will discuss the attempt to map out a new philosophy in this budget and the CL Financial/HCU bailout.

Housing Policy Imperatives – part 6

I am bringing this analysis to a close by asking the question as to which individuals are ultimately responsible for this scandalous situation.  The age-old questions persist – Are we mere creatures of circumstance?  What influence can one individual have on transforming a situation?  Do modern outlooks over-emphasise the power of the individual?

We need to close the circle to understand the role of the high-powered individuals in charge of this policy.

The Author of the Policy

Calder Hart
Former HMB and UDeCOTT CEO, Calder Hart

Calder Hart, then CEO of Home Mortgage Bank and well-known to be a protégé of Andre Monteil’s, claimed to have authored our National Housing Policy – ‘Showing Trinidad & Tobago a new way home‘

In October 2002, Hart told me that in his office and he made a point of seeking my views of the new policy.

I questioned the originality, relevance and feasibility of the proposed policies and a frank discussion ensued.  It seemed clear, from Hart’s reaction and subsequent behaviour, that he had indeed taken authorship of that misguided policy.

That policy can be viewed at here.  Given their non-involvement in the later stages, it is interesting that the cover-page of the housing policy highlights UdeCOTT as a main state agency in its implementation.

The Minister of Housing

Keith Rowley
Former Min. of Housing, Dr. Keith Rowley, M.P.

The Minister of Housing with longest tenure through this period was Dr. Keith Rowley, M.P., currently leader of the Opposition PNM – he was in that office from  November 2003 to November 2007 – see http://www.ttparliament.org/members.php?mid=26&pid=5&id=KRO01.

The HDC was launched on 1st October 2005 to replace the National Housing Authority.  The Trinidad and Tobago Guardian newspaper reported Dr. Rowley’s remarks at that time – see http://legacy.guardian.co.tt/archives/2005-10-15/news7.html

Earlier, Rowley said the NHA was restructured because it lacked accountability.

There are a lot of things that did not go right in the NHA and one of those things had to do with accountability…The HDC is not going to function like that. We are required by law to have the accounts ready in a certain period of time.  The CEO will be held accountable and the Cabinet will hold the minister accountable and the Parliament will hold the Cabinet accountable. That is what the HDC means.

“…the HDC never published any accounts in the 5 years of its existence. It goes even further, since the NHA’s accounts for the period 2002 to 2004 have only recently been prepared.”

Continue reading “Housing Policy Imperatives – part 6” →

Housing Policy Imperatives – part 5

This week the examination shifts to the scale of the failure of our national housing policy – see <http://www.vision2020.info.tt/pdf/Policies and Procedures/Strategic_Corporate Plans/Housing Plan.pdf>.  Three main points for consideration are –

  1. Meeting the targets
    The original target was for the HDC to construct 100,000 new homes in a decade, which figure was generated from the 1994 ‘PADCO reports’—The Review of Shelter and Land Development Policy Study (PADCO reports): The PADCO reports is a series generated by The Planning and Development Collaborative International, Inc. and Laughlin and Associates Limited (who were contracted by the Government of Trinidad and Tobago in 1993)—that study is available at the Ministry of Housing & Environment’s library.  The annual target was reduced to 8,000.  As noted in the previous article, the reduced targets should have yielded 60,000 new homes by now, but the HDC has built only 15,394 new homes.The HDC made a recent statement that the number of empty new homes was approximately 10,000.  So just about 5,000 new homes have been built and distributed since the inception of this ‘accelerated housing programme’ in September 2002.  Even if we omit 2002, that is an annual average of 667 new homes being built and distributed. Even with the most optimistic assumptions, one is looking at considerable challenges in achieving these demanding targets.  At the current rate of performance it would take over 140 years to satisfy the original target.  That is how far off-track this accelerated housing programme has gone.  Deep into the long grass.
  2. The Cost-based Pricing model
    In previous articles in this series, I have been critical of the HDC’s cost-based approach to pricing its units.  In terms of the central mission of the Ministry of Housing  – i.e. creation and distribution of housing to the needy – that pricing model is inappropriate.  That is because it does not identify either the housing subsidy allocated to successful applicants or the opportunity cost of the HDC’s policies. The value-based approach is the more appropriate model to satisfy those basic requirements.  That is because it offers greater clarity to policymakers, since it is based on the market value of the completed homes, with the housing subsidy and the opportunity cost being the difference between the value and the actual HDC selling price. On 21st March 2008, this newspaper carried a report headlined “PM’s son in line for apartment” – see http://legacy.guardian.co.tt/archives/2008-03-21/news8.html – on allegations that Brian Manning, son of the then-PM was in line to receive one of the HDC apartments at Fidelis Heights in St. Augustine.  Noel Garcia, the then-MD of the HDC, was reported to have said –

    …the Government had taken a decision not to subsidise this  particular development. It is being sold at market rates in HDC’s thrust to expand and attract an open market clientele.

    Noel Garcia, former MD of HDC. Photo courtesy Trinidad Guardian
    Noel Garcia, former MD of HDC. Photo courtesy Trinidad Guardian

    Given that the units were reportedly being sold for a maximum of $875,000 and that they were worth a minimum of $1.7M, it is clear that each new home there is sold with at least $800,000 in housing subsidy.  The only way Garcia’s incredible statements could be correct is if one were using the misleading cost-based approach.

    I entirely agree with his statement that the Fidelis Heights development “…is therefore not part of HDC’s provision of subsidised housing for low-income earners.”  It is really subsidised housing for the middle-income groups, but that could never be right when the waiting list is bulging with needy people who cannot even get an HDC unit to rent.

    Fidelis Heights was, even by its name, a monument to misleading and wrong-headed thinking.  The HDC project with probably the highest level of housing subsidy per unit was built for the least needy on their waiting list.  Only if the underlying philosophies and resulting models are appropriate, can we avoid a repetition of this blatant waste of public funds in the face of real, human need.

    Given that the HDC is unable to satisfy the needs of the people it was intended to serve – the poorest citizens who cannot afford a proper home – it is scandalous that its scarce resources should have been diverted to Fidelis Heights, or the one at Federation Park in Port-of-Spain.

    The selection of this pricing model is proof of misguided policy at the most elementary level.  The basic concept of opportunity cost appears to have eluded the responsible officials and, what is more, that misguided policy appears to have been approved at the very highest level.

    Wrong-headed thinking can only encourage corrupt behaviour.

  3. Costs
    What has the national housing programme cost this country?  That is no rhetorical question, since this fact sits at the heart of the analysis.  The Housing Development Corporation (HDC) is the State’s implementing agency for production of new housing, it was formed in 2005 by an Act of Parliament and replaced the National Housing Authority (NHA).  The HDC’s funding comes from four sources –

    1. Treasury allocations – Those are announced in the budget and can be established from the Estimates of Expenditure as Capital Allocations to the Ministry of Housing.
    2. Sale of new homes – When the HDC sells a new home, that money is also available to them.
    3. Bond Issues – The HDC has also raised money by occasional bond issues; those funds can be used to either build more homes or ‘pay down’ on more expensive loans.  The bonds issued are government-guaranteed, so they are considered as virtually risk-free ‘sovereign debt’.  Given that the government itself issues bonds at lower rates of interest, it begs the question as to why these SPE’s are allowed to borrow on these terms.  That issue was raised by in the BG View of 20th August 2009 – see http://guardian.co.tt/business/business-guardian/2009/08/20/debt-depreciation-or-discipline.
    4. Bank Financing – The HDC also borrows money from commercial banks or the IADB to fund their construction programme.

    Try as I might, it has proven impossible to determine just how much the HDC has spent on building new homes in any given year.  That is because there are no accounts at all which are available to the public.

    The HDC Act, at section 18 and 19, mandates that the Board shall keep and properly audit accounts.  Section 20 requires the Board to submit its annual report to the line Minister within 3 months of the end of the financial year.  The line Minister is in turn obliged, by section 20 (2), to lay that report in Parliament within 3 months of receipt.  See – http://mphe.gov.tt/home/images/stories/pdfs/tthdc%20act%2024%20of%202005.pdf.

    The HDC has never laid either its annual report or audited accounts into Parliament for the public.  The failure to publish accounts is one of the most serious warning-signs of companies in financial trouble.

    That failure to publish HDC or NHA accounts over such a long period (since 2002 at least) spanning several administrations, is a serious indictment of the main participants – the politicians, the Board Directors and of course, the professionals involved in the entire huge operation.

    I have been reliably informed that the HDC’s new management is attempting to rectify this situation and that must be a priority if we are to properly assess the performance of this vital social programme.

The overall picture is stark –

  • Gross under-performance in terms of the output of new homes, only about one-quarter of the reduced target has been achieved:
  • Poor financial and project controls – as revealed in the Uff Report (at para 25:30 – see http://www.raymondandpierre.com/articles/article84.htm), not one HDC project has a signed contract:
  • No accounts or annual reports, given the preceding point, that is not surprising:
  • An inequitable allocations policy, with lower priority given to those who cannot afford to buy.
  • Approximately 10,000 new homes remain empty and that is the one which tops them all.  The ongoing adverse consequences include – vandalism, the greater rate of general deterioration afflicting empty homes, the high cost of security and of course, the continued pressure on those people on the waiting list ‘holding strain’.

Given the combined effect of all this, which is probably hidden to most of today’s readers, one can only wonder at the patience of our needy citizens.

The entire situation also raises potent questions about the purpose and performance of the SPEs.

SIDEBAR: The concept and importance of opportunity cost and housing subsidy

Let’s use a typical home at Fidelis Heights as an example.

  • Unit Cost – $825,000 (and it is not clear if land and professional fees were included)
  • Selling Price – $825,000
  • Market Value – $1.7M

    • In the prevailing cost-based pricing model, this is considered a satisfactory, ‘zero-subsidy’ result, since the State has recovered all of its costs. Another phrase in the lexicon is the ‘cost-recovery’ model of pricing.

    The danger, as shown in the example in this article, is that the ‘cost-based’/’cost-recovery’ model ignores opportunity cost.

    The opportunity cost is the difference between the actual selling price of the unit and the market value. The HDC could sell each Fidelis Heights home for $1.7M, but has made the decision to sell at a reduced price of $825,000, which means that each sale is at the loss of those possible earnings. That amount of the loss incurred by the decision to sell at a lower price is called the opportunity cost. It is important that opportunity cost be identified and quantified as an element in all decision-making, both private and public sector. A decision-making process which ignores or obscures opportunity cost is negligent at the very least and can encourage corrupt practices and the dilution of capital.

    In this example, the opportunity cost is $1,700,000 – $825,000 = $875,000.
    Opportunity cost

    $875,000 is enough money to build at least three modest homes, yet this system has allocated that much money to each Fidelis Heights purchaser, each of whom qualified for a mortgage at that level.

    As a result of this questionable choice and the resultant shaky pricing model, there is an enormous ‘leakage’ of housing subsidy and opportunity cost.

    The opportunity cost can also be described as the housing subsidy since that is the difference between what a Fidelis Heights unit actually sold for and what a purchaser in the open market would have to pay for a similar unit.
    The two terms are therefore synonymous – Opportunity Cost is exactly equal to Housing Subsidy.

    http://guardian.co.tt/news/general/2009/03/25/quality-performance-must

    •
    A version of this commentary appeared in print on August 5, 2010, on page 13 of the Business Guardian.

    Related reading:

    Housing Policy Imperatives – Part 4

    Having set out a framework for a more effective and equitable national housing policy, it is time to deepen the discussion.  In this week’s column, I will further analyse the existing housing policy so as to highlight those errors which we must avoid if we are to do better.

    My proposed framework would quantify housing subsidy and allocate that in accordance with identified housing need, with the quality of the new homes also being monitored to ensure constant improvement.

    To go further into the issues requires that we examine these aspects –

    • National Planning – It will be very difficult to achieve improved levels of housing quality if we proceed to build large numbers of new homes without reference to a national land-use plan.  1984 was the last time our Parliament approved a national land-use plan.  Over 25 years have elapsed and the position of the last government was that the national land use plan was being prepared for discussion in the next 2 years or so.  We have very limited developable land in this country – only about 9 to 10% of the total – so it is critical to plan and co-ordinate our future for best results with our limited resources.  Transportation, education, shopping, health-care, industry, housing and recreation are the main aspects which need to be fit onto those developable lands.  This ongoing housing programme has already had grievious cases of the alienation of agricultural lands for housing.  Alienation of agricultural lands is when we pave over farmland for non-agricultural development.  That land is permanently lost in terms of our food supply, but we need to preserve our agricultural lands.  That is vital in terms of maintaining our food security.
    • Intensity of development – An associated aspect that we need to reconsider is whether we can spare the land to continue HDC developments of  homes with gardens.  The HDC must publish its figures on the numbers of new homes built; the amount of land consumed; the numbers of houses versus the numbers of multiple-family homes and of course, the numbers of these various types of homes which have actually been occupied.  At this point the HDC has only built 15,394 new homes, compared to their annual target output of 8,000 new homes, which, if attained, would have been 60,000 new homes.  The HDC has only built a quarter of the intended number of new homes, which means that we still have time to adjust and improve the programme.
    • Pricing – The more I consider the dilemma in which this housing policy has been caught, the more it seems that the fundamentals were poorly-considered.  Just consider the issue of the pricing of the units – How did the pricing model evolve?  I have already, in part 2 of this series, critiqued the HDC’s cost-based model for its erroneous outputs in terms of assessing the quantities of housing subsidy being allocated.  One can go further to ask how these price points emerged.  Was any reference made to the incomes of the people on the waiting-list or were the HDC prices driven by the demands of the physical development agenda?  It seems to me that the latter was what took place, if indeed any conscious process of setting prices ever did occur.  If we are aiming for people-centred development, that entire misguided approach to pricing needs to be revised.  We need to give serious consideration to building more modest multiple-family homes for rental.
    • Quality – Another matter which has been in the news from both the last administration and now the new one, is the issue of the poor quality of some of the new homes.  We have been given various ‘horror stories’ about poor construction and the need for further works and so on.  But there is more to this story.  The fact is that the norm in the construction industry is that a contractor only has a valid claim to be paid in the case of ‘works properly executed’, so how did the HDC end up paying for all these defective buildings?  I am not seeking to exonerate the contractors from any wrongdoing, but the simple fact is that someone in HDC ought to have had the responsibility to inspect and approve the works before payment was authorized.  Either the HDC has a process for doing that or not.  If yes, what went wrong?  Who signed-off on those poorly-built homes?  If there is no such process, then the HDC system is one which exposes the Treasury and the neediest families in the land to real abuse.  These are serious questions which need to be answered, and soon.  If there are indeed civil servants and consultant advisers who have been approving defective work, they need to be dealt with.  If that were so, it seems to me that such actions would amount to grave professional misconduct, at the very least.  Such people should be banned from any State work for a period, as a minimum.  The real horror story is the official silence on the fact that someone from the HDC had to approve these very same defective works.  Lying by omission – see http://guardian.co.tt/commentary/letters/2010/06/03/don-t-blame-contractors-only-shoddy-hdc-work.  That continuing dishonesty is the real horror story.  To remind readers that this is no new issue, please see – http://guardian.co.tt/news/general/2010/04/26/capacity-firms-weak-non-existent.

    I close this week by renewing my call for Minister Moonilal to take leadership on this burning national issue.  A conference on revising Housing Policy should include participation from the leading civil society organizations such as the JCC, the National Land Tenants’ and Rate-payers’ Association, the Sou-Sou Land group, Habitat for Humanity and the Salvation Army.

    Basic facts need to be compiled and distributed to seed the discussion.  The framework and philosophy need to be clearly articulated, if we are to get it right this time around.

    The continuing presence of over 10,000 empty homes is intolerable – it is solid proof of a seriously failed policy.  Our silence has to be broken on this issue.  We cannot continue this way.

    Related reading:

    Housing policy imperatives – part 3

    hdc-logoLast week’s column delved into the vital issue of housing subsidy and its mis-allocation.  This week, I will set out some suggestions as to how this wrong-headed allocation of public subsidy might be re-oriented to better serve our needy citizens.

    The existing system is fundamentally flawed and in urgent need of reform, if we are to better apply the limited quantities of housing subsidy to the nation’s real housing needs.

    In order to create a more effective and transparent equation for the allocation of housing subsidy we need to establish three things.  Those are the quantity of housing subsidy which is available for the State to dispense; the housing need of those on the HDC’s waiting list and the housing quality of the new units produced by the HDC, since those ought to be raising the general standard of housing accommodation.

    The key point here is that there is only limited housing subsidy available and a clear choice has to be made as to its allocation.  That choice has been made under the existing policy, which in my view is inequitable and counter-productive.  If we accept that the proper measure of a successful housing policy is needy families moving into new HDC homes which improve their living conditions, we also need to accept that a policy which can generate over 10,000 empty homes is a failure.

    A supplementary point is that if we are spending vast sums to build new homes, we also need to obtain a measurable improvement in the nation’s housing standards.

    The main points could be outlined in this way –

    • Housing Subsidy – First of all, we need to establish the quantity of housing subsidy the State is prepared to dispense.  That can be determined by the sale of the new homes, as recently proposed by Minister Moonilal.  The figure here being the difference between the market value of the new homes and the HDC’s sale price.  I am of the view that we are at, or very close to, the ceiling as to the national percentage of home-ownership.  Another approach would be to establish the difference between the market rental value of the HDC units and the rents affordable to the applicants on the waiting list.  That figure can be capitalized to allow comparison between the policy choices.  The proposed effort to sell the new homes will in fact be inimical, since it will have the effect of decreasing the amount of housing subsidy available to those who cannot afford to buy.  In other words, the neediest people on the waiting list are being discriminated against by the policy of the HDC.
    • Housing Need Index (HNI) – We need to develop a framework for measuring the housing need of applicants for HDC housing.  That analysis would need to include such items as size of the family, family income and their living conditions, as well as any special needs such as disabilities and the location of the extended family.  The UK’s Department of the Environment and its implementing agency, The Housing Corporation, have already done substantial work in developing the HNI as a means of properly allocating State funding for housing across the nation.  The USA’s Department of Housing and Urban Development (HUD) has also done considerable work on this complex series of questions.
    • Housing Quality Index – In 1993 I proposed a Housing Quality Index for the UK which would have been a tool for measuring how effectively the State funding had been applied in creating good quality housing.  The main elements of my proposal were to measure the quality of design of and amenity provided by new homes.  The Housing Corporation’s approach to this can be viewed at http://www.housingcorp.gov.uk/upload/pdf/710_HQI_Form_v3-1.pdf, see also this view from the UK’s Homes and Communities Agency (HCA) – http://www.homesandcommunities.co.uk/housing_quality.  Training is available at the Housing Quality Network – http://www.hqnetwork.org.uk/index.

    We need to allocate the limited housing subsidy to those in the greatest need.  That is the only reasonable policy for this critical area of national development.  That can only proceed properly on the basis of understanding the parts of the puzzle.  Anything other than a comprehensive review of these wrong-headed policies is a recipe for more waste and empty homes.

    Which brings me to an issue raised in last week’s column; the incidence of ‘policy silos’.  That phrase – ‘policy silos’ – refers to a condition in which the activities of various State agencies impinge on the same issues and yet, incredibly, there seems to be scant, if any, co-ordination between those agencies.  The aspects addressed last week can be summarized as –

    • The Minister of Housing and the Environment, Dr. Roodal Moonilal, making extensive statements on the sale of new homes, but being silent on the burning issue of new homes for rent.  Silence as to the greater area of need, alongside ambitious proposals to advance futile policies in favour of the less-needy.
    • The Minister of Science, Technology and Tertiary Education (MSTTE), Fazal Karim, proposes blanket rental subsidies for students in tertiary education.
    • The Legal Affairs Minister, Prakash Ramadhar, who is responsible for the rent control system, declares that he prefers that rents be determined by market forces.

    Those are exactly the ‘policy silos’ we need to dismantle if we are to make any real progress on these vital issues.

    Minister Moonilal should take the lead on this issue by convening a symposium or conference to debate these issues and establish some kind of policy consensus.  We cannot continue this way.

    We need to go beyond the numbers game of billions spent, jobs created and new homes built.  We need to move to a new, clear space where our national housing policy is declared as existing to improve the living conditions of our neediest citizens.  We need to move beyond the narrow perspectives which glorify home-ownership as the only correct answer.  There are many productive and honest families, in advanced countries, who never own a home.  They are no less worthwhile than those of us who are home-owners.

    Most of all, Minister Moonilal should take urgent steps to distribute the ‘…approximately 10,000…’ homes to the most needy.

    SIDEBAR: Re-purchase programmes

    There ought to be a programme for those people who have HDC homes and no longer need them.  That program would offer a cash payment to those HDC tenants who vacated their units.  That would have the practical effect of releasing additional housing units to the HDC without the expense and delay of having to construct new ones.

    Related reading:

    Housing policy imperatives – Part 2

    Last week’s column set out my principal queries as to our nation’s housing policy – see http://www.vision2020.info.tt/pdf/Policies and Procedures/Strategic_Corporate Plans/Housing Plan.pdf – and the intervening events have only put those into better focus.

    Key points –
    ‘Cheaper Govt Houses’ in the Sunday Guardian of 27th June featured an interview with Dr. Roodal Moonilal, Minister of Housing and the Environment.  The Minister touched on some of the key issues and confirmed that

    …Some people simply cannot afford the market value of the homes. As a result, Government is looking to provide a further subsidy to assist with the purchasing of homes. I intend to take a proposal to Cabinet to consider the price reduction of the housing units…

    – see http://guardian.co.tt/news/politics/2010/06/27/cheaper-govt-houses-pg-6 .

    There was no mention of rented housing in that article, so it seems that the new Minister has adopted the existing policy of preferring to sell the new homes built by the Housing Development Corporation (HDC).  In addition, he is proposing to increase the housing subsidy.  An important  correction is that HDC houses are not sold at ‘market value‘ as the Minister implied.  Market value is the amount the new home could sell for on the open market and the HDC offers the new homes to applicants at a lower price.

    What is Housing Subsidy?

    This is an important aspect of the housing policy discussion and these are the basic points –

    • Public funding – To create new homes, the HDC has to spend public money for land acquisition, professional fees and cost of construction – these are ‘first costs’ for new homes, but there are other significant costs of getting a needy family to move in.
    • Housing subsidy – For example, if the market value of a new HDC home is $900,000 and those homes are sold to applicants for $425,000, the housing subsidy in that case is $475,000.  Please note that I am not relating the sale price to the cost of production of the new home – that is a mistaken approach, because it ignores the opportunity cost of the investment decision to sell at that reduced price.  Effectively, this ignores the market to the detriment of the taxpayer.  Even in the case of rented housing, the same basis would apply, with the difference between the market rent and the actual rent being the weekly housing subsidy.
    • The allocation of Housing Subsidy – Fidelis Heights at Bates Trace in St. Augustine is a new HDC development of townhouses near to UWI – in my view, the homes there are middle-income units which should not have been built by the HDC.  In that case the housing subsidy per unit is in excess of $850,000.  In view of the desperate national housing shortage and the scarcity of resources, it was a grievious mis-allocation of both public capital and housing subsidy to have embarked on this scheme.  In the examples cited by the new Minister, the housing subsidy is far lower.  The people who purchased units at Fidelis Heights got them at between $780,000 to $900,000.  I am also aware that those homes were allocated without reference to housing need – i.e. some of them went to single people, without children.  To put it plainly, there is no case for allocating $850,000 in housing subsidy to a single person, when there are entire families in greater need, who are not catered for by the system.  There is a very poor quality of discussion on the issue of housing subsidy.  That is because of the system of cost-based pricing, as mentioned above, which error is compounded by the sparse references in the official statistics.  I have only been able to unearth a single official attempt to quantify housing subsidy in the ‘2010 Draft Estimates of Development Programme‘ http://www.finance.gov.tt/documents/publications/pub07D7E4.pdf ‘Provision of Housing Subsidies at Greenfield sites’ is stated, at line H 003 to be $3,058,863.  I am not saying that there is a poor understanding of the role of housing subsidy.  That would be untrue, since the people who are manipulating the system all understand the real value of housing subsidy very well.
    • Rent control – ‘Rent subsidies for tertiary students’, also in Sunday’s Guardian – see http://guardian.co.tt/news/politics/2010/06/27/rent-subsidies-tertiary-students – featured a discussion on the housing situation affecting 14,000 UWI students.

      [Minister of Science, Technology and Tertiary Education (MSTTE) Fazal] Karim said while the university has established mechanisms to register landlords “there exist no mechanisms to monitor prices, ensure quality accommodation, minimise security anxiety or seek the interests of the landlords and students.” In the near future, Karim said, the MSTTE and the Health Ministry will establish a committee that will make recommendations to establish mechanisms for the provision of subsidies “on rents to all students residing in the region and who are registered at tertiary institutions in the area.”

    It seems from his statements that the MSTTE is proposing a rental subsidy to all tertiary students, whatever their means.  In a situation of scarce resources, that type of policy can have inequitable consequences, since some of these students are not needy at all.

    The Minister of Legal Affairs, Prakash Ramadhar, attending as MP for the area, said –

    …what adds to the problem is the lapsing by the Rent Assessment Board. “We nationally had to debate the issue if this country would go into a free market in terms of rent or rent restriction.”

    Ramadhar said he would like to see free market forces determine rents.

    Legal Affairs Minister Prakash Ramadhar, left, Fazal Karim, Science, Technology and Tertiary Education Minister, right, listen attentively to the landlords during yesterday’s discussion. Photo: Jennifer Watson. Courtesy Trinidad Guardian
    Legal Affairs Minister Prakash Ramadhar, left, Fazal Karim, Science, Technology and Tertiary Education Minister, right, listen attentively to the landlords during yesterday’s discussion. Photo: Jennifer Watson

    So here we have the paradox deepening, with the Minister responsible for the rent control system seeming to say that he is against those controls.

    The outlook for the state’s intervention into the housing arena is confusing, to say the least.  Confusion is the ideal atmosphere to breed under-performance and corruption.

    Our needy citizens deserve better.  This entire debate should be to create reasonable, redistributive and  sustainable housing policies for our nation.

    The allocation of scarce housing subsidy must be reported and improved, so that the most needy receive the most subsidy.

    Next week, we expand to include questions as to how many of the HDC houses are occupied by the legitimate tenants?  Are steps being taken to deal with those who have broken the terms of their tenancy?  Also, some discussion on the use of re-purchase schemes as another way to create extra units of housing.

    SIDEBAR: The numbers’ game

    Last week’s column asked Dr. Moonilal to specify how many new homes were empty at this time and it was very disappointing to read that “…approximately 10,000 homes, including defective units, are unoccupied…”.  The new administration has to strive to do better than the one they just replaced and it is just not acceptable that the HDC cannot (or will not?) report on an elementary matter like this.

    Related reading:

    Housing policy imperatives – part 1

    Proper housing is an essential part of decent human rights and the development of a just society.  For those of us who have proper housing, we can be virtually blind to the plight of those who do not.

    Dr. the Honourable Roodal Moonilal, Minister of Housing and Environment
    Dr. the Honourable Roodal Moonilal, Minister of Housing and Environment

    We now have a new government – the People’s partnership (PP) – and given  the swirling claims and counterclaims around State housing, it is important to re-open this discussion.

    The first aspect of housing policy to be considered would have to be the basic model – ‘What is it?’

    The main housing policy of the first UNC government was to provide serviced lots – i.e. land was acquired and developed with infrastructure (roads, drainage, electricity and water supplies etc.) before being distributed.  That approach is based on the notion that it allowed the State to have a positive impact on the housing shortage with the use of limited resources.  Between 1995 and 2001, that policy yielded a modest result, since only about 2,200 serviced lots were sold, with 376 new homes built.

    Showing Trinidad and Tobago A New Way HomeThe current national housing policy, entitled “Showing Trinidad and Tobago a New Way HOME” was initiated in September 2002 by then Minister Danny Montano with the stated goal being 100,000 new homes to be built in a decade.  The annual  target was soon reduced to 8,000, with those new homes to be sold to applicants.  The aim was to increase the quantity and quality of housing available to those who were unable to afford housing in the open market.  That program never achieved its targets and there was a consistent pattern of over-stating its achievements.  The last claims we heard were that the total output had been adjusted (downward, of course) from 26,000 to only 15,394 new homes in the 7-year period from 2003 to 2009.

    In terms of gross output, the PNM policy easily outstripped the UNC’s, even if, in terms of its own targets, it was a signal failure.  From the aspect of output versus target numbers, the results are so mixed that it is difficult to settle the question of which policy was the more successful one.

    For me, a key test of a housing policy’s success would have to be the number of people who have benefitted from an improvement in the quality of their housing.  In that case, the existing policy is seriously wanting, since, despite the output of 15,394 new homes, most of those remain in the hands of the Housing Development Corporation (HDC).  Just like with the actual numbers built, there has been a pattern of cover-up, shifting figures and plain dishonesty.  Despite my efforts, I am unable to locate a published record of how many of these new homes have been given out.

    Dr. Moonilal, we need a clear statement of just how many new, empty homes the HDC has on its hands.

    “Rent control is a thorny housing policy issue, but it deserves a second thought, since so many of our needy citizens occupy rented housing”

    I went to the 2007 conference of the Caribbean Association of Housing Finance Institutions (CASHFI) and the PS of the Ministry of Housing said that a major issue was the fact that about 90% of the people on their waiting-list could not qualify for a mortgage.  If the objective of the existing model is to promote home ownership in preference to rental units and 90% of the applicants cannot afford to buy, there is a clash between those policies and the reality of the needy.

    New forms of housing finance were devised to overcome that hurdle and those included mortgages –

    • at 2%;
    • with zero-percent deposits;
    • even 100+% models which allowed the new home owner to spread the cost of appliances and furnishings over the period of the mortgage.

    We need to re-consider our housing policy in fundamental terms –

    • What is the extent of housing need in our country? In last week’s ‘BG View’, there was a call for the national pensions proposals to be based on the results of the 2010 census – see http://guardian.co.tt/business/business-guardian/2010/06/17/pension-promises-deferred .  The review of national housing policy must be based on realistic housing need data and that should also emerge from the census later this year.  In “A critique of State Housing Policy‘, published here on 2nd August 2007 – see http://www.raymondandpierre.com/articles/article35.htm – I proposed that our country has a 5-part housing market.  In my view the task would be to determine the numbers occupying each parts and which of them we intend to provide for.
    • Is large-scale construction the only way to assist those in housing need? Another aspect which needs review is the matter of rent-control, since that is a cheap way of assisting those in housing need without spending vast sums of taxpayers’ dollars.  The reality is that although rent-control legislation remains on our law-books, the rent control boards which regulate that area of civic affairs have been allowed to wither and die.  Rent control is a thorny housing policy issue, but it deserves a second thought, since so many of our needy citizens occupy rented housing.
    • Are we at realistic limits in terms of tenure? To make a simple contrast, in 1992, when US President Bill Clinton launched his expansionary proposals to ramp-up home-ownership, about 62% of the homes in the US were owner-occupied.  At the end of 2008, after a massive and disastrous experiment intended to increase home-ownership, about 68% of US homes were owner-occupied.  Our current home-ownership percentage is about 76%.  Given the poverty of those on the waiting-list, does it really makes sense to keep on building new homes for sale to poor people.  Are we at the ‘Limits to growth’ where home-ownership is concerned?
    • What types of homes should we build? Large swathes of agricultural land have been ‘paved-over’ to build these  new homes, which is to the permanent detriment of our food security, to name just one obvious concern.   The fact is that we do not have enough land in this country to continue that pattern of large-scale development.

    Next week, the focus shifts to issues of build quality, allocations policy, land grabbing and value-for-money aspects.
    Related reading:

    VIDEO: First Up Interview – 18 May 2010

    VIDEO: First Up Interview – 18 May 2010

    Afra Raymond sits down with Jessie May Ventour and Derek Ramsamooj for a discussion of matters pertaining to the construction industry prior to the national elections. Topics include UDeCOTT, the controversial Guanapo church and the Uff Commission Report.

    • Programme Air Date: Tuesday, 18 May 2010
    • Programme Length: 0:40:33