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further downtown, on which stands the New York Stock<br />

Exchange where, as it happens, shares in Forest City Enterprises<br />

are traded daily.<br />

As the ULI case study confirms, in some ways<br />

New York by Gehry is unusual; in others it is not. When<br />

the project began, it was planned as a mixture of condominium<br />

and rental units designed to profit from the strong<br />

growth in the Financial District’s heretofore-limited residential<br />

market (slowed by the September 11, 2001 attacks<br />

but picked up again several years later). The timing involved<br />

in bringing the building’s 899 units to market had<br />

to balance market volatility with the scheduled phase-out<br />

of tax abatements available through the federal Liberty<br />

Bonds program, established in the wake of 9/11 to stimulate<br />

development in the area. With the federal subsidy<br />

soon to expire, the developers moved up the construction<br />

start date to comply. They also revised their pro forma<br />

midstream into one based solely on rental units on the assumption<br />

that the local condominium market was fast becoming<br />

saturated. In 2009, in the midst of the international<br />

financial crisis, but with federal subsidies still in place,<br />

Forest City Ratner halted construction and renegotiated<br />

work contracts with construction unions (some of whom<br />

who would later join the Occupy Wall Street protests),<br />

lowering construction costs by $25 million. The architect,<br />

too, paid a price, when Ratner renegotiated downward<br />

the deal to use Frank Gehry’s name on the building and<br />

in its marketing materials. Still, Gehry must have been relieved<br />

when his clients decided not to shorten the tower<br />

mid-construction to half of the projected 76 stories, a<br />

solution under serious consideration at the time to limit<br />

the risks amplified by the crisis. 6<br />

Ratner’s equity partner in the building was the<br />

National Electric Benefit Fund (NEBF), a pension fund for<br />

electrical workers, who were represented in the financing<br />

by National Real Estate Advisors (NREA). Of the $680<br />

million in bonds issued to finance the project, slightly less<br />

than one-third, or $204 million, were tax free Liberty<br />

Bonds. In April 2008, the New York City Housing Development<br />

Corporation (HDC) announced: “The Beekman<br />

Tower [8 Spruce Street] Liberty Bond program generated<br />

approximately $6 million in fees that HDC will devote<br />

to financing affordable housing.” 7 In midsummer 2011, as<br />

protesters planned the occupation of Zuccotti Park for the<br />

fall, the financing for 8 Spruce Street was restructured. A<br />

year and a half later, in December 2012, Ratner and NEBF<br />

sold 49 percent of their jointly held equity in the project<br />

to the Teachers Insurance and Annuity Association – College<br />

Retirement Equities Fund (TIAA-CREF)—a financial<br />

services organization that specializes in non-profit<br />

industries, including higher education—in a transaction<br />

that valued the property at $1.05 billion. 8 As of 2012, the<br />

building’s owners took in a net annual income after debt<br />

service of approximately $25 million, roughly equal to the<br />

concessions made by the unions during construction. 9<br />

Officially, Frank Gehry designed 8 Spruce Street.<br />

Or rather, Gehry Partners LLP did, in collaboration with<br />

Swanke Hayden Connell Architects (who designed the<br />

brick-clad public school at its base), along with James Corner<br />

Field Operations, Piet Oudolf Gardens and Landscapes,<br />

WSP Cantor Seinuk, Philip Habib & Associates, and others.<br />

This group was responsible for the building’s exterior<br />

form and for its interiors, which combine to give New York<br />

by Gehry what the property’s website calls a “distinctive<br />

aesthetic” marked by “undulating waves of stainless steel<br />

that reflect the changing light.” 10 But it is also possible to<br />

say that the building was designed by another set of forces,<br />

of which the name “Gehry” is just an expression. It would<br />

be reductive to call this set of forces “real estate,” or even<br />

“capital.” Let us be more precise and say what the Occupy<br />

Wall Street protesters intuited: that the building and<br />

others like it were designed by inequality. This, and not its<br />

98 99

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