Gotham Gazette http://www.gothamgazette.com/component/tags/tag/1035 Tue, 19 Feb 2019 11:52:06 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) In Amazon Debate, Atlantic Yards Lessons Beyond Those Aired at First City Council Hearing http://www.gothamgazette.com/130-opinion/8229-amazon-debate-atlantic-yards-lessons-city-council-queens http://www.gothamgazette.com/130-opinion/8229-amazon-debate-atlantic-yards-lessons-city-council-queens barclays center ground

An Atlantic Yards groundbreaking (photo: Spencer T Tucker)


More public participation might help. So might ULURP. But rigorous skepticism is more important.

It was fascinating, having watched in 2004 and 2005 two New York City Council subcommittee hearings on the announced Brooklyn Atlantic Yards project, to see the Council's Committee on Ecomomic Development, with the Speaker prominent, on December 12 take a distinctly adversarial stance toward the proposed Amazon campus in Queens.

Back then, not only were the Governor and Mayor gung-ho for “jobs, housing, and hoops,” many Council members, despite their questions, were essentially enthusiastic. Meanwhile, the developer and supporters got significant time from the hearings’ start, relegating opponents to later slots.

And it was curious to hear both proponents and opponents of the Amazon deal rather tritely invoke lessons from Atlantic Yards (now called Pacific Park), suggesting the need for either broader public participation or the importance of the city’s Uniform Land Use Review Procedure (ULURP), which gives the Council the final say (rather than using the state General Project Plan, which puts the Governor in charge).

Don’t get me wrong: neither broader participation nor ULURP are necessarily bad things. But they’re hardly saviors when big money and powerful players are at work, and when projects unfold over time and multiple economic cycles.

For example, promises made in Memoranda of Understanding (MOUs), or even in state approval documents, as we’ve learned, can be followed by contracts that offer crucial slack. For example, the fine print allowed Atlantic Yards, estimated to take ten years, a 25-year buildout.

So, while these massive development projects differ significantly, the Atlantic Yards experience makes clear that, as the Amazon deal unfolds, more muscular, and consistent, skepticism and oversight is needed. We’ll see how much surfaces at the next hearing, held by the City Council's Committee on Finance, scheduled for January 30.

Circumventing ULURP?
In December, at about an hour into the first of several promised Council hearings on the Amazon deal, Council Speaker Corey Johnson confronted James Patchett, president of the New York City Economic Development Corporation, about a line he’d truncated—for faster delivery—from his prepared statement: “this is by no means an attempt to deliberately circumvent the ULURP process.”

“Former deputy mayor Dan Doctoroff was asked, when he left city government” about the avoidance of ULURP for Atlantic Yards, recounted Johnson. “If I had to do it over again,” Johnson said, paraphrasing Doctoroff, “I would bring Atlantic Yards through ULURP…because it's the right process to get community buy-in, and the public review is worthwhile.”

“Now, I don't agree with Dan Doctoroff on everything, but I thought that was an interesting comment,” Johnson continued, pressing Patchett on “why it was important…to facilitate the subverting” of ULURP.

Patchett replied that the “UDC Act”—referring to the Urban Development Corporation, the state authority that can override local land use—“is available to do more comprehensive planning,”  and is “more powerful” than ULURP for certain projects. Certain things, he said, can’t happen with ULURP, like having the state hold title to project land. Hmm—similar tactics were used with Atlantic Yards, but Doctoroff, in retrospect, would’ve used ULURP.

So when Patchett said the city’s primary focus was getting the promised 25,000 jobs, it sounded like the end justifies the means. “More powerful” also translates as “certain passage by appointees who answer to the governor.” With Atlantic Yards, that meant not only initial passage of the project, but steady agreement regarding revisions of the timetable and thus promised public benefits.

Empire State Development, the successor to the UDC, has, in my observation, steadily affirmed the governor’s (and developer’s) will regarding Atlantic Yards. Only at state legislative oversight hearings have ESD officials faced hard questions. That key state authority, we should remember, avoided the first City Council hearing on Amazon, just as it sidestepped those Atlantic Yards hearings held by the Council.

Community buy-in?
“We certainly did take lessons from Atlantic Yards,” Patchett continued, citing “the importance of community input, the importance of genuinely involving people in the way the project ultimately looks. That's why we set up the Community Advisory Committee.”

Pre-empting the Community Advisory Committee (CAC) announcement, state Senator Michael Gianaris and Council Member Jimmy Van Bramer announced on November 21 that they would boycott such a body, calling it “a thinly veiled attempt to present the Amazon development as a fait accompli.” That’s hard to doubt, though it is possible that the CAC -- supposed to advise on issues like workforce development -- could have some impact.

The CAC has 45 members (though one’s already resigned), appointed in consultation with local elected officials and stakeholders, and is supposed to meet quarterly; its three subcommittees -- including one that will advise on local infrastructure spending -- are supposed to meet monthly. Town halls should be held two weeks after each quarterly meeting, reported Christine Chung of The City. That could add some sunlight.

Given the very low bar, this has more legitimacy than the Atlantic Yards CAC, which was not set up until some 28 months after the project was announced and barely met. When Atlantic Yards opponents, in a lawsuit challenging the project’s environmental review, called the CAC illegitimate, a judge disagreed, saying the law is so slack it’s even legit to establish such a committee after a project is approved.

A somewhat transparent CAC also seems better than the Atlantic Yards Community Benefits Agreement (CBA), a private contract that purported to guarantee such things as job-training and affordable housing, but had crucial loopholes; for one thing, the developer never hired the required Independent Compliance Monitor.

The CBA was used as a political wedge. The developer gained support from groups -- some with track records, others astroturf -- led in large part by black leaders in Central Brooklyn, who had legitimate grievances about past developments and could help a large corporation to argue that middle- and upper-class opponents living closer to the project site, largely white, were selfish NIMBYs.

So it’s surprising that Amazon has not already organized some Queens stakeholders to vouch for the company’s intentions to lift up some of the borough’s struggling precincts. After all, Amazon has already taken a page from the big-developer playbook, buying ads in the tabloids (and mailing several flyers to New Yorkers) repeating, for example, the dubious claim that the project would bring $27 billion in new tax revenues.

Keep in mind that even seemingly robust public consultation may only go so far when the state’s in charge. In 2014, a volunteer body, the Atlantic Yards Community Development Corporation (AY CDC), was set up to advise ESD, as part of a 2014 settlement to avert a potential lawsuit on fair housing issues. However, it’s mostly toothless.

A few now-departed AY CDC members have raised questions about the project, while most -- the board is controlled by the governor -- are there to nod yes. Though the AY CDC is supposed to meet quarterly, last year it held its second meeting -- essentially to support an ESD contract renewal -- with just one day’s notice on March 30, and hasn't met since.

How good is ULURP?
Though ULURP offers more public input, and New York City legitimacy, than the state process, it typically leads to tweaks, not significant changes. Doctoroff has said the Bloomberg administration at the time doubted its rezoning prowess, so it pursued the expedient route around the City Council. “With twenty-twenty hindsight,” he wrote in his 2017 memoir, “I am positive we could have placated our opponents in negotiations and gotten the process through ULURP.”

Well, not quite; some people adamantly opposed the arena (now Barclays Center), or the project’s density. But ULURP would at least have put the debate in the public sphere, and empowered the local Council member, then Letitia James.

It should be noted that the two Council committee hearings regarding Atlantic Yards came under the leadership of then-Speaker Gifford Miller. After the project was approved, while the Speaker was Christine Quinn, known for her closeness to Mayor Michael Bloomberg, the Council wouldn't green-light future oversight hearings requested by James and colleague Brad Lander.

Today, compared to the Atlantic Yards history, the Council Speaker is less beholden to the mayor; the economic impacts of the 9/11 attacks are more distant; we don’t have the distraction (and lure) of professional sports; and we’ve seen the explosion of gentrification near the waterfront. Moreover, Amazon is a lightning-rod company, to say the least.

(Still, it would be interesting to see whether an office project at the Long Island City waterfront without subsidies -- or Amazon -- would generate such pushback. After all, the Amazon site was once to encompass two huge mostly residential rezonings -- Anable Basin, Long Island City Innovation Center -- arguably adding more neighborhood burdens.)

Yet, Johnson surely knows that ULURP is its own political game. Consider the Council’s recent approval of a giant two-tower project, 80 Flatbush, at a site that bridges Downtown Brooklyn and low-rise streets. After the project’s developer sought to nearly triple the allowable density, Council Member Steve Levin expressed concern, while the local community board was staunch in its opposition.

Eventually the project was approved with only modest reductions, and Johnson, according to Levin, was very much in the loop. While the public learned a lot about the expected benefits -- affordable housing, a replacement school, a new school -- ULURP never ventilated a key question: the value of the additional square footage the developer gained via an upzoning.

Regarding Amazon and ULURP, not everyone sees a silver bullet. As urban planner Sylvia Morse tweeted, “The people are shouting NO AMAZON, not ‘we want 7 months of procedural theater, during which speculators will drive up housing prices in LIC, followed by a bad deal getting rammed through anyway after council members get to pretend they tried.’”

A better planning process
Last September, Council Member Lander offered some cogent criticism before the Council-spurred 2019 Charter Revision Commission, suggesting that, with challenges like affordability, sustainability, and aging infrastructure, “our highly reactive ULURP process just is not getting the job done."

"Each application is brought either by a private developer or by the administration,” Lander said, “and it's not judged against a broad set of goals we've collectively agreed to, for sustainability or affordability or how to share and distribute the challenges and benefits of growth.”

He suggested "a comprehensive and proactive planning process.” What might that mean regarding Amazon? Perhaps the city and state should’ve set some goals for transit and other infrastructure for Long Island City beforehand, beyond the modest $180 million announced by the city on October 30. Remember, the two percolating rezonings were not being judged in that proactive way. (See criticism from the Municipal Art Society.)

A broader effort at planning might have put the city and state “incentives” (subsidies) in context. Sure, we’re not necessarily shoveling cash, outside a state construction grant that could be worth $505 million, as a special favor to Amazon, given that most of the subsidies are as-of-right and performance-based.

But some dialogue and data might clarify, as critics have argued, whether such subsidies are wise and deserve to be perpetuated. After all, Amazon admitted that the prime, not sole, driver was the talent pool.

Stronger analysis
There are also other murky parts of the deal, such as a seemingly low fee for public land and generous lease terms, as I wrote last month for Gotham Gazette. It was interesting to see Speaker Johnson scorn the state projections that saying Amazon would be a financial boon for the city and state, and argue for an independent study.

New York has a vehicle for such analysis; it’s called the city’s Independent Budget Office and, when called in 2005 and 2009, IBO raised serious skepticism about Atlantic Yards (and should probably do an update). With that project, however, government officials and many in the press embraced a study paid for by the developer, which was wrong from the start and which is now clearly way off (in part because the project wasn’t built in ten years).

Another analysis is needed, too. At one point during the Amazon hearing, Council Member Francisco Moya requested an independent study to report on such things as the project’s economic, infrastructure, and housing impact. The NYC EDC’s Patchett, nonplused, responded that, of course, the state process requires a study.

But that’s not a truly independent study. In projects like Atlantic Yards, such environmental reviews, however sufficient to pass legal scrutiny, serve the interests of the project’s sponsors and the agency boosting it.

The Council could fund a such an independent study. Sure, this doesn’t address the question of Amazon-the-company, with business practices that, to some, disqualify it. But, at the very least, if the chief executives of New York City and State are going to offer pre-cooked ambitious plans, the obligation of the legislative branches should be continued oversight.

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Norman Oder is a Brooklyn journalist who writes the watchdog blog Atlantic Yards/Pacific Park Report. On Twitter @AYReport.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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In Amazon Debate, Atlantic Yards Lessons Beyond Those Aired at First City Council Hearing Sun, 27 Jan 2019 05:00:00 +0000
Calls Grow for New Council-Led Deed Restriction Process http://www.gothamgazette.com/city/6448-calls-grow-louder-for-new-deed-restriction-process http://www.gothamgazette.com/city/6448-calls-grow-louder-for-new-deed-restriction-process MMV deed restriction presser

Chin, Mark-Viverito, Brewer (l-r) at Wednesday's presser (photo: William Alatriste)


Armed with the findings of a newly-released investigation that faults City Hall for a “lack of accountability,” Manhattan Borough President Gale Brewer and City Council Member Margaret Chin called for reform to the city’s deed restriction removal process at a press conference on Wednesday outside City Hall.

In a show of strength and seriousness, Brewer and Chin were joined by Public Advocate Letitia James, City Council Speaker Melissa Mark-Viverito, and others.

The report, issued by the Department of Investigations last Thursday, found that the Mayor’s Office and the Department of Citywide Administrative Services (DCAS) failed to stop the removal of a deed restriction at 45 Rivington Street in Manhattan and neglected to weigh whether the removal was in the city’s best interests.

Because of “communication failures” between DCAS and City Hall, the site that formerly housed a not-for-profit nursing home known as Rivington House was sold to a developer of luxury condominiums without objection from the administration, according to the DOI report. Deed restrictions are in place on a fairly small number of properties around the city, often ones that once belonged to the city, and establish certain restrictions on what a piece of land can be used for. The result on Rivington House has become a point for criticism of the de Blasio administration, and the process is still under investigation by the city comptroller and state attorney general.

Brewer, Chin, Council Members Ben Kallos and Rosie Mendez, Public Advocate James, Speaker Mark-Viverito, and members of various community boards, blamed the mishandling of Rivington House and a similar deed restriction removal at Dance Theater of Harlem on the current “murky, opaque” process by which deed restriction changes are approved at the press conference.

Brewer added that the issue would be solved by treating deed restriction changes using the same process as land use decisions, as well as passing a bill she recommended and Chin sponsors aimed at increasing transparency in the process.

“These are land use questions, but they weren’t being handled like land use questions. Decisions to lift deed restrictions were being managed by the wrong people at the wrong agencies in the wrong process,” Brewer said. “We have a tried and true way to manage land use decisions. It’s called ULURP.”

Brewer refers to the Uniform Land Use Review Procedure. Unlike the current procedure for deed restriction changes, ULURP would mandate input from community boards and the borough president, and would require final action by the City Council before deed restrictions could be lifted.

The City Planning Commission is the only entity with the charter-mandated power to alter the deed restriction review process, meaning the Council must receive the recommendation of the CPC before it can enact a local law subjecting deed restriction changes to ULURP. The Commission will hold its next review session on July 25 and a public meeting on July 27.

Mayor Bill de Blasio, who appoints the CPC Chair and six of its 13 members, indicated in a July 8 press release that the CPC will adopt a series of reforms that align with some of Chin and Brewer’s suggestions, such as involving Borough Presidents and City Planning in the deed review process. He also announced that the city will re-invest $16 million in proceeds from the Rivington House sale “in the affected community on the Lower East Side of Manhattan.”

De Blasio’s plan, however, does not establish ULURP as the norm for deed restriction changes, instead favoring a plan that does not give the Council ultimate decisionmaking power in reviewing deed restriction changes. Chin said the Mayor’s plan is “not enough,” a stance that Brewer echoed. Brewer also said the $16 million restitution was “not sufficient” as securing a building the size of Rivington House for the community would cost “closer to $200 million.”

Further, Chin criticized the administration’s lack of action to discipline those responsible for overseeing Rivington House’s deed restriction removal. According to the DOI report, City Hall First Deputy Mayor Anthony Shorris was sent memos regarding the removal months in advance by former DCAS Commissioner Stacey Cumberbatch, but did not read the memos as he did not believe the matter to be important at the time.

“I think the people who are responsible should be held accountable. The mayor should reconsider,” Chin said at the press conference. When asked whether she believed Shorris specifically should be held accountable, Chin simply repeated, “those who are responsible.”

When reached for comment, a mayoral spokesperson did not respond to Chin and Brewer’s criticisms, and instead reiterated the goals of the mayor’s proposed reforms in a statement sent to Gotham Gazette.

"The Mayor's instituting a series of reforms aimed at overhauling a broken, decades-old deed modification process. Our focus is on making sure these reforms deliver for local communities," the spokesperson said.

For her part, Mark-Viverito was careful not to condemn any City Hall officials at the press conference. She did, however, speak in support of Chin and Brewer’s proposal to grant the Council final decision-making power by instituting ULURP for deed restriction changes.

“The removal of the deed restrictions at the Rivington House and Dance Theater of Harlem wasn’t malicious but it was inexcusably sloppy,” Mark-Viverito said. “Although we cannot change the actions of the last year, we can enact measures to insure nothing like this happens again.”

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by Aaron Holmes, Gotham Gazette

Read more by this writer.

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Calls Grow for New Council-Led Deed Restriction Process Thu, 21 Jul 2016 04:00:00 +0000
With Clock Ticking, East New York Negotiations to Heat Up http://www.gothamgazette.com/city/6262-with-clock-ticking-east-new-york-negotiations-to-heat-up http://www.gothamgazette.com/city/6262-with-clock-ticking-east-new-york-negotiations-to-heat-up espinal east new york hearing

City Council Member Espinal (photo: William Alatriste) 


With only two weeks left for the City Council to vote on the proposed rezoning of East New York, all eyes are on City Council Member Rafael Espinal, who is leading negotiations with the de Blasio administration and whose approval of a revised plan will determine its fate. Espinal has promised significant improvements to the plan put forward by the city and community organizers and advocates are calling on him to reject the rezoning if it does not deliver what they see as adequate affordable housing, local hiring, and other provisions.

Meanwhile, Espinal's colleagues and many others are looking to him as the East New York negotiations with the de Blasio administration will set the precedent for rezonings across the five boroughs.

The city's proposal to rezone East New York was passed almost unanimously by the City Planning Commission on February 24, giving the City Council the next fifty days to vote on it as part of the city's Uniform Land Use Review Procedure (ULURP). The neighborhood is the first of 15 the city plans to rezone as part of Mayor Bill de Blasio's ambitious plan to create and preserve 200,000 units of affordable housing. The plan aims to change land use rules and implement community improvements in order to make East New York more desirable and liveable, while fostering development that will include thousands of new units of housing, many of them with rent regulations.

Negotiations so far have been slow going, leading to a series of news reports this past week indicating that Espinal and others on the City Council side of the bargaining table are frustrated with the de Blasio administration. The parties are set to hold another meeting on Monday afternoon at City Hall, which participants hope will yield progress.

"There's a lot of frustration because we've proposed changes to the plan and we've been waiting for [the administration] to come back to us," said Espinal, whose district covers a vast swathe of the area in the plan - the City Council traditionally defers to the local Council member to approve or disapprove land use deals.

Espinal has made his priorities clear: "serious anti-displacement measures, a strong jobs plan and truly affordable housing." While he insists there has been no push back from the administration against his demands, the lack of movement seems to be testing his patience.

"The clock is ticking," he said. "We've been working on this for over a year. It's time to talk turkey." Espinal did say that one cause for delay was that both the administration and Council had been preoccupied until last week with the Mandatory Inclusionary Housing and Zoning for Quality and Affordability proposals, two citywide zoning amendments that lay the groundwork for the neighborhood rezonings that are set to go from East New York to Flushing, corridors in the Bronx and on Staten Island, East Harlem, and beyond.

The de Blasio administration has reiterated its commitment to the process. "The city is currently having very productive conversations with Council Member Espinal on the East New York rezoning plan," said Austin Finan, a spokesperson for the mayor, in a statement. "Since the beginning of the East New York planning process, we have been and remain committed to ensuring that the final proposal to be voted on by the City Council meets the affordable housing and community infrastructure needs of East New York residents."

Espinal will meet with city officials on Monday to hammer out the details of the East New York plan. On the Council side of the table, he'll be joined by Council Member Donovan Richards, chair of the Subcommittee on Zoning and Franchises, and Council Member David Greenfield, chair of the land use committee. Also expected to participate are the Council's land use director, Raju Mann, and the chief of staff to Council Speaker Melissa Mark-Viverito, Ramon Martinez.

According to a source with knowledge of the discussions around the rezoning, key sticking points include not only ensuring deeper levels of affordability in new housing, but also extending affordability for about 1,000 current residents whose rent-regulated apartments are nearing expiration of their terms; details of the city's commitment to a Workforce1 job training center; and progress around adding school seats and day-care slots - two areas of need in the administration's final environmental impact assessment of the rezoning plan.

"We have an opportunity to show that we are attacking inequality head on in East New York and the administration needs to take this issue seriously as we negotiate the first rezoning under MIH and ZQA," said Council Member Richards in a statement. "The lack of progress thus far on these negotiations is deeply concerning and we need to see legitimate movement soon to ensure that the needs of the community and Council Member Espinal are met."

All the stakeholders -- Espinal, his colleagues, community leaders, housing advocates, de Blasio administration officials, real estate developers, and others -- recognize that these rezoning negotiations will set the tone for the next fourteen and determine the future of housing and development in the city for decades to come.

"What I'm doing in East New York is the reason I ran for office," Espinal said. "It's an opportunity to create the strongest affordable housing plan in the city and set a precedent for how the rest of the city approaches rezoning." He has received strong support from his colleagues who, he said, "feel that whatever deal I'm able to reach with the administration, they can work off of when their neighborhoods are up for rezoning."

Council Member Peter Koo from Queens is likely to be next in the hot-seat as the Flushing West rezoning proposal moves through the ULURP process.

"We're certainly watching what happens in East New York closely," Koo said in an email, "but the Flushing West rezoning proposal is significantly different. Our rezoning area is on the waterfront which limits depth, and the LaGuardia flight path limits height. Flushing also has serious infrastructure needs that a large-scale rezoning of this nature would need to address. So we're watching East New York to see how the city responds to the community because Flushing also has a long list of needs."

Housing advocates also recognize the immense pressure that Espinal is facing, although different groups have taken varied approaches to respond.

"The guy's in a difficult spot," said Jonathan Furlong, zoning technical assistance coordinator, Association for Neighborhood and Housing Development. "What he decides in East New York has vast and far reaching implications for the Bronx, East Harlem, Flushing, Upper Manhattan."

ANHD has provided technical assistance to the Coalition for Community Advancement, a collaborative effort by housing advocates to address issues of rezoning across the city, communicating with administration officials, elected representatives, and residents. Members have met with Espinal numerous times to air their concerns and will also be meeting with Council Speaker Mark-Viverito.

The CCA has called for a scaling back of the East New York plan and has proposed its own alternative community plan. Besides more affordability for current residents, they want manufacturing sites removed from the plan to protect manufacturing jobs, a $15-million small homes preservation fund, the preservation of the Arlington Village development as affordable housing, and mechanisms to set aside space for community facilities.

On Sunday, the coalition held a rally outside City Hall to tell the Council to vote against the rezoning plan unless these proposals are embraced. The group said Sunday night that about 120 people rallied, including community members, State Senator Martin Dilan and Assembly Member Latrice Walker.

Furlong commended Espinal for being firm with the administration, but faulted him for not being more vocal on specific proposals. "It's tough to get a read on him," he said of the Council member.

New York Communities for Change, a grassroots advocacy group, has been more critical. NYCC released a report titled "Educating Espinal: How to Deepen Affordability for Thousands of Apartments in East New York and Protect Low-Income Residents" in which they directly called on Espinal to fight for more affordability in the plan.

"The Council member has not yet come out in support of a growing cry in the community for deeper affordability for low-income families," said Jonathan Westin, NYCC executive director. The group, which claims about 1,000 members, has two demands: 50 percent of units in new developments affordable for families making about 40 percent of the $77,000 annual area median income (AMI), and union jobs for workers in any new construction along upzoned areas. AMI is a federally-calculated number for all of New York City and surrounding counties. The area median income in East New York is significantly lower - about $35,000 per year for a family of four, about the same as 40% of AMI.

"We're pushing that if that's not part of the plan, he should vote "no,"" said Westin. "He should not vote against the interests of his constituents."

Asked recently about the East New York rezoning and the pushback it has received, Mayor de Blasio said that development and gentrification are taking place all over the city and that the city must take action to harness it. On WNYC's The Brian Lehrer Show, the mayor said on March 18 that "the worst thing in the world is to do nothing about" gentrification. "And bluntly," he said, "that was the broad approach of the previous administration and I point to neighborhoods like Bushwick and Bed-Stuy as classic examples where there was no rezoning" to offer developers more in exchange for community benefits.

Saying that there needs to be "a coherent governmental response" to gentrification and displacement, de Blasio said that "rezonings are absolutely necessary to create that affordability...if we don't do it, you'll see displacement with no countervailing action by the government." The mayor indicated that the East New York plan will include many affordable units for both lower- and middle-income residents.

It is negotiations on the plan that will yield the full details of what that government response is, in East New York and elsewhere.

On Thursday, New York Communities for Change led a rally in East New York, blocking traffic along Atlantic Avenue to draw attention to their demands. "Along Atlantic Avenue is where lots of developers have bought property and stand to make a windfall of profits from the rezoning," said Westin. "We need to ensure that with the increase in density that they get from the rezoning, there are deep affordability standards and real job standards for workers building these buildings."

Espinal was blunt about NYCC's efforts. "I don't need any educating," he said of their report. "I was born and raised there. I know exactly the struggles my constituents are going through."

Insisting that he prefers a "pragmatic approach," Espinal said he wants a holistic plan that covers all constituents and their needs, and that the administration has been receptive.

"To be fair, they've been listening," Espinal said. "But the time to listen is over. It's time to take action."

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by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

Note: this article has been updated with details of the Sunday rally.

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With Clock Ticking, East New York Negotiations to Heat Up Mon, 04 Apr 2016 00:52:30 +0000
Stakeholders Urge Adams to Reject East New York Community Plan http://www.gothamgazette.com/government/6006-stakeholders-urge-adams-to-reject-east-new-york-community-plan http://www.gothamgazette.com/government/6006-stakeholders-urge-adams-to-reject-east-new-york-community-plan eric adams via twitter bpericadams

BK BP Adams at an event (photo via @bpericadams)


At Brooklyn Borough Hall on Monday, Borough President Eric Adams held a public hearing on the de Blasio administration’s controversial East New York Community Plan. After remarks from City Council representatives at the packed-to-capacity hearing, stakeholders from the affected area urged Adams to reject it.

“What I’m gonna stand here and talk about is you putting yourself in the position of these community members, young and old, who are coming to you and asking you to just look at the mayor’s plan and just understand that it’s crap,” Jasbir Singh, Brooklyn organizer for the advocacy group Faith In New York, said at the hearing, addressing Adams directly.

Though most opinions expressed were less harsh, only two people - officials from the City Planning Department who provided a powerpoint of plan details at the hearing’s start - voiced approval for the proposal, at least in its current form. The plan aims to create affordable housing units, protect existing ones, and strengthen the economy of the area proposed for rezoning, which contains East New York, Cypress Hills, and Ocean Hill.

The area has high poverty rates and is largely populated by people of color. There are limited work and transportation options. It is an area that could be upzoned to allow more retail space, as well as new housing development. The administration’s plan seeks to create new housing that will include “affordable” units, while also fostering new business and jobs as buildings are “mixed-use,” meaning retail on the ground floor with housing atop.

On Monday at Borough Hall, participants urged the city officials present to vote against the proposal. Though it has already been rejected by Community Board 5 (East New York, Cypress Hills, Highland Park, New Lots, City Line, Starrett City, and Ridgewood), Community Board 16 (Brownsville and Ocean Hill) could endorse it when it votes at the end of the month. These votes are advisory, though - the City Council is expected to vote on the plan in 2016. The Council typically follows the lead of the local rep(s), which is this case are Council Members Rafael Espinal and Inez Barron.

The East New York area is one initial proving ground for the de Blasio administration’s larger rezoning and housing plans - plans that are being met with resistance all over the city and are likely to be tweaked before they are presented to the Council.

Most of the concerns expressed Monday were about the proposal’s potential to displace residents of the rezoned area. Around 50 percent of the approximately 6,300 housing units created for the East New York Community Plan are slated to be affordable units. The remainder are market-rate.

During her remarks at the start of the hearing, Council Member Barron held up a sheet of paper with two pie graphs. One showed the current East New York community by percentage of income levels and the other showed the same statistics as forecast after the rezoning, she said.

If the proposal is implemented, Barron said, the majority of East New York residents will earn salaries of $75,000 and up, a group that currently composes only 18 percent of the neighborhood population. (It was not immediately clear where Barron’s data came from.)

“I also want to say that they don't tell you the size of the units. So, we need two and three bedrooms, some of us will obviously need four-bedroom apartments,” Barron said. “But we don't know, of the units that they're going to bring in that they call affordable, how many bedrooms there are going to be.”

Barron reaffirmed her stance on the proposal: as it currently exists, she does not support it. Council Member Espinal, who represents most of the area proposed for rezoning, expressed the same stance in his remarks.

Despite some concerns mentioned about the proposal’s economic plan, which does not require that businesses interested in East New York pay workers a “living wage,” most concerns voiced were about the plan’s potential to displace residents.

“We are deeply concerned about displacement and urge the city to study the impact of rezoning on displacement in other areas such as Park Slope [and] Williamsburg in order to develop an understanding of what rezoning will really mean to low-income East New Yorkers,” Jamal Burgess, Future of Tomorrow youth organizer and Cypress Hills resident, said. “Through the years, we have seen gentrification in Williamsburg, Bushwick, Bed-Stuy, Harlem, covered up by urban renewal projects.”

In the plan, one of the strategies listed for the protection of existing affordable housing is providing free legal representation from the Tenant Harassment Prevention Task Force for people facing harassment by landlords. Several who spoke at Monday’s hearing reported that they had personally experienced this type of harassment, and doubted the capability of the legal representation strategy to fight it.

“I cannot accept a legal clinic at face value as being able to solve that problem,” five-year East New York resident Barbara Champion said.

Mayor de Blasio has personally guaranteed such legal help to tenants in any of the neighborhoods he plans to rezone and has dedicated budgetary dollars toward such aid.

East New York is one of 15 areas selected by the de Blasio administration for rezoning. The proposals are part of Mandatory Inclusionary Zoning and Zoning for Quality and Affordability, two main pieces of the mayor’s Housing New York plan that are being reviewed by community and borough boards now before some version goes to the Council.

Local reception to planned rezonings have been mixed, largely skewing negative. Community boards in Park Slope and Carroll Gardens have voted in favor of rezoning plans; due to possible overcrowding, a Long Island City community board voted against; and the Movement for Justice in El Barrio advocacy group recently interrupted a Community Board 11 meeting to protest against East Harlem’s proposed rezoning changes. The Bronx and Queens Borough Boards voted against the plans and other boroughs are set to vote soon. Again, these are all advisory opinions.

Brooklyn Borough President Adams did not give a verdict on the city’s proposal at Monday’s hearing. “I did not come into this room with my mind made up,” the borough president said. He encouraged community input, letting participants do the talking as he listened and eyes his Borough Board meeting on Tuesday, December 1, which will include a vote on the mayor's two larger rezoning plans.

As part of the city’s Uniform Land Use Review Procedure (ULURP), the borough president reviews the proposal and has the power to recommend it to the City Planning Commission, the final body that reviews it before the City Council.

Asked about neighborhood and board resistance to his plans on Monday, de Blasio said that it did not surprise him that there would be objections. “Those objections should be heard and we should, you know, think about them, and where we see the need to make certain modifications we will,” de Blasio said. “But in the end, the community boards aren’t the final decision makers. The mayor and the City Council make the decisions, in some cases, obviously, with the City Planning Commission.”

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by Ryan Brady, Gotham Gazette
@GothamGazette

This article has been updated to more carefully reflect Borough President Adams' comments at the town hall.

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Stakeholders Urge Adams to Reject East New York Community Plan Tue, 24 Nov 2015 21:21:45 +0000