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Crucial Weeks Ahead for Potential Rezoning of East Harlem


mark viverito at east harlem planning session

Mark-Viverito at East Harlem planning session (photo: Samar Khurshid)


The de Blasio administration’s plan to significantly alter a large section of East Harlem is in the middle of a contentious process, with its fate unclear. The proposed changes to land use rules and infusion of community development resources -- part of the administration’s larger efforts to build more housing, some of it with affordability requirements, and improve neighborhoods -- have not been to the liking of key elected officials and the window for negotiations will close before the end of the year.

The East Harlem rezoning plan has hit several bumps in the road as it moves through the city’s process for designing and approving changes to the type of development that is permitted and resources the city will bring into a particular area. Namely, the city’s current proposal faces disapproval by City Council Speaker Melissa Mark-Viverito, who represents East Harlem, and Manhattan Borough President Gale Brewer.

The City Planning Commission formally began the Uniform Land Use Review Procedure (ULURP) process for the East Harlem rezoning plan when the proposal was released April 24, followed by the Borough President’s recommendation earlier this month, in which Brewer put forth her non-binding vote of no confidence.

Next, the City Planning Commission will hold a hearing August 23, followed by a City Planning Commission review due by October 2. Afterwards, the City Council has 50 days to vote on the proposal, which can be tweaked within certain parameters acceptable to the City Planning Commission.   

East Harlem is one of 15 neighborhoods that the administration identified early in 2015 as potential areas where the city could build significant amounts of new housing, some of it with affordability requirements, with the goal of boosting local communities through other means as well, including retail and open space, job creation, new school seats, and better transportation infrastructure. The rezonings are a part of de Blasio’s goal of creating and preserving 200,000 units of affordable housing across the city over 10 years. Along with the rezoning of parts of East New York, in Brooklyn, a plan to rezone East Midtown just passed, though it is largely focused on creating new and modern office and commercial spaces.

East Harlem could be the second major neighborhood rezoning of de Blasio’s tenure, but, like in East New York, the administration must negotiate with local stakeholders, especially Mark-Viverito, the local Council rep whose opinion is the most important in the process.

Mark-Viverito will negotiate with the de Blasio administration until there is a plan to her liking, or she will kill the rezoning. The speaker is term-limited out of office at the end of this year (two leading candidates vying to succeed her have also criticized the de Blasio administration’s plan) and has the opportunity to pass the rezoning before she departs.

Mark-Viverito wants to make a deal work. She has seen the rezoning of East Harlem -- especially the affordable housing and community development that would come with it -- as key to her legacy as she prepares to leave the City Council. She helped lead the development of a community-based blueprint, East Harlem Neighborhood Plan, that she and others believe the city has not hewed close enough to in its proposal.

At a recent news conference, Mark-Viverito expressed her displeasure with the city’s process, and criticized the administration for ignoring the East Harlem community voice. “We all took ownership for that process so we stand very strongly behind the recommendations of the steering committee of the neighborhood plan,” she said August 9, when asked by Gotham Gazette about Brewer’s recent opposition and negotiations about the plan.

“What City Planning presented flew in the face of all of that, and it was very disrespectful to all of the thought and workings of the community, and I think Gale [Brewer] strongly spoke to that in her statement,” Mark-Viverito said. “We had thousands of people that participated in that process,” she said. “It was nothing to really sneeze at. And I’m really, really proud of that effort.”  

Mark-Viverito made mention of the numerous community representatives were involved in the planning process with the City Planning Department, and that the community has made its needs and wants clear. The Neighborhood Plan, a joint effort involving CB11, Brewer, Mark-Viverito, and advocacy group Community Voices Heard, is a more wide-reaching document than a rezoning proposal, including recommendations on everything spanning NYCHA repairs, public safety reforms, tenant protection and park space. The comprehensive 138-page analysis also includes specific models for ratios of market-rate to affordable housing for newly developed buildings. Undergirding the report and the entire conversation is an estimate of 12,000 East Harlem households that the report classifies as in need of affordable housing.

East Harlem rezoning, whatever form it winds up taking, will create additional housing, both affordable and market-rate, as well as commercial space, by upzoning much of the Upper Manhattan neighborhood, often referred to as El Barrio.

By its current design, the rezoning would allow buildings to stretch up to 30 stories between 104th and 126th Streets in the eastern part of the area and between 126th and 132nd in the western portions. Currently, there is a 120 foot, or ten-to-twelve stories, height restrictions on parts of 125th street and surrounding areas while the rest of East Harlem are not subject to specific height limits. According to the City Planning Department, the upzoning would create approximately 3,500 rental apartment units under the Mandatory Inclusionary Housing (MIH) program, which set asides a quarter of new housing for affordable housing in any new development approved by the city in a rezoned area. The commission estimates the upzoning would spawn 122,000 square feet of commercial space along with 27,500 square feet of office and industrial space.The proposal also includes height restrictions on units built on parts of Lexington Avenue and mandatory apportioning of more affordable housing units in the densest of new developments.     

Still, elected officials representing the area, in agreement with Manhattan Community Board 11’s stance, fear the upzoning will not sufficiently benefit low-income residents of the area, which has a high poverty rate, and will adversely affect mom-and-pop stores, accelerate gentrification, increase property prices, without enough affordable housing to meet the area’s needs.

On August 3, Manhattan Borough President Gale Brewer came out against the administration’s current proposal. While she reaffirmed support for the general idea of rezoning East Harlem, she explained she is not convinced of the merits of what the city put forward. "A rezoning done the right way offers the opportunity to create many new affordable units, including units affordable to low-income East Harlem residents, while actually reducing the effects of gentrification and reinvigorating neighborhood small businesses and retail,” she said in a statement announcing her opposition. "What the administration has put in front of us, however, is rezoning done the wrong way.”  

Brewer went on to cite concerns about gentrification, affordability and building heights, all of which she believes are better addressed in recommendations put forward by Community Board 11. Community Board 11 rejected the proposal, though, like Brewer’s, the vote is not binding -- ultimately, the decision is up to the City Council, which almost universally follows the lead of the local Council member, in this case Mark-Viverito.

Mark-Viverito has worked to convene a “Rezoning Task Force” which has met periodically from January to April of this year.  

"This proposal concentrates new development in too small an area with too much density, likely worsening the effects of gentrification,” Brewer said, echoing CB11’s criticism. “This proposal lacks a meaningful preservation plan and sufficient up-front commitments to save existing affordable housing units,” the borough president added.

Brewer also issued a list of recommendations for the city to adopt to make the plan more palatable to the community. The list includes reclaiming lost affordable housing units, lowering the density of potential buildings to preserve neighborhood character, and providing more affordable housing units to low-income residents of the area, particularly those making less than 30 percent of the area median income, which amounts to $23,350 for a household of three.  

Despite Mark-Viverito’s frustration and Brewer’s disapproval, the effort to rezone East Harlem is far from dead, with negotiations to tweak the plan ongoing.

Mark-Viverito, taking note of the time she has remaining in the Council, said she would continue to advocate for the community’s recommendations. “So that’s what I’m going to be doing in the months that I have to discuss and analyze this rezoning, is to really advocate for the recommendations the community put together,” she said. “We’re in the process of working through that, and I take that plan as a guide in terms of my negotiations with the city. So I’ve been pushing them on a lot of the things that are outlined in that plan.”

But Mark-Viverito’s opposition, should it persist, would effectively serve as a death knell for approving the current plan, or something close to it, any time soon.

At a news conference on August 7, Mayor de Blasio acknowledged that dynamic when asked by Gotham Gazette about the status of rezoning talks and Brewer’s opposition to the East Harlem plan. “This rezoning is unusual compared to all the others because it’s the Speaker’s own district,” de Blasio said. “I think what’s good is when you then hear those concerns and try to work them through and try to find a solution that you both feel pretty good about. And certainly, most importantly, the person who matters the most is the representative of that district in the Council.”

De Blasio said there is still time to iron out the differences in order to craft a plan that meets both the administration’s preferences and the community’s needs. “We’ve had vocal conversations about the rezoning and will continue to…And there’s plenty of time to do that,” de Blasio added. “So we’ll continue having those conversations.”

The process for approving a rezoning is long and multifaceted. Each proposal must go through ULURP, a process that involves a mixture of behind-the-scenes machinations and public hearings with the aim of creating an upzoning blueprint which includes input from city planners, elected officials, and relevant communities. Rezonings typically take several months, if not longer, to make their way through ULURP. The East Midtown rezoning, for instance, was in the pipeline in different iterations for several years before being approved by the City Council on August 9th.

A spokesperson for the City Planning Department said the process has already incorporated additional community input.

On August 7, the CPC issued a technical memorandum, called an “A-Text,” or amended text, which addressed concerns coming from the local community board and elected leaders. This particular iteration of the rezoning plan includes height restrictions on buildings on 3rd Avenue, the Park Avenue Corridor and Lexington Avenue -- provisions not included in the original plan.

“Adding this ‘A-text’ alternative allows for consideration of additional options on shaping the future of East Harlem,” said the CPD spokesperson in an email. “Together with the certified application, the A-text enables deliberation on a wide array of options to protect neighborhood character, increase affordable housing and spur job-generating development in East Harlem. We hope that this provides an environment for a more robust public discussion on the development of the final rezoning plan.”

The East New York rezoning, passed in 2016 and seen as a model for others to follow, like East Harlem, includes infrastructure investment, a new school, and a career center to help those seeking jobs, along with the central goal of paving the way towards creating more housing units.   

The rezoning has also become a key issue in the race for Mark-Viverito’s seat. If the proposal is not enacted this year, the issue will be passed along to the next Council member to represent the district.

Two leading District 8 candidates -- State Assemblymember Robert Rodriguez and Diana Ayala, the speaker’s former Constituent Services Director and Deputy Chief of Staff -- also oppose the administration’s plan.

Rodriguez and Ayala, both Democrats, feel the city did not adequately adhere to the community’s input, which Rodriguez insisted was a difficult and crucial component to the process.

“I remember how long those meetings go and how hard it is to get consensus on these things and in this case they spoke very clearly,” Rodriguez said at an August 8 candidate forum in an East Harlem community center. “They’re against it and they provided some reasonable conditions. So I stand with the community board against the plan.”

Rodriguez was not convinced the plan would have much benefit for lower and middle-income residents, a very large combined chunk of the neighborhood, which has seen early waves of gentrification. “[I]t’s an aspirational goal that you’ll be able to get some affordability out of the percentage that is affordable in the new developments,” he said. “So what we’re saying is that we hope that the developers take this incentive after we’ve created wealth for them and then go through the lottery process and hope that our residents get in there? Where’s the mom and pop stores?” Rodriguez wondered.

He voiced concern about what new developments would do to help low-income residents, such as those who earn less than 30 percent of AMI. “What’s in it for them? Nothing!” Rodriguez said. “What is the benefit for residents of East Harlem?” he continued. “Are we just going to hope that we’re going to be able to get affordability?”

Ayala, who has been endorsed by Mark-Viverito, explained her opposition to the city’s plan at a candidate forum. “I think the city’s proposal is very upscale,” she said. “I would like to see deeper affordability as part of the plan. I would like to see more long-term affordability than in the current plan,” she said. “I want to see smaller buildings, I’m not a fan of huge towers,” Ayala said, voicing similar criticism when the topic again came up at the August 8 forum.

In an interview with Gotham Gazette, Ayala said many residents in her community are unhappy with the plan. “Well, they fear that they’re going to be pushed out,” she said. “And they fear that, y’know, we’re going to have all these luxury, tall buildings that are going to change the character of the community and the culture is going to evaporate, [and the neighborhood is] not going to be Harlem anymore,” Ayala said. “I can sympathize because I live in the community, too, and that’s the last thing I want to see.”

With reporting by Felipe De La Hoz



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