Judge denies council challenge to New York City housing ballot proposals

Brad Lander, NYC Comptroller who spoke at the rally in support of the ballot measures
Brad Lander, NYC Comptroller who spoke at the rally in support of the ballot measures
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A New York State Supreme Court judge has dismissed a legal challenge to three housing-related ballot proposals set to appear in November. The lawsuit, brought by members of the City Council’s Common Sense Caucus, claimed that the measures—intended to streamline housing construction—would mislead voters and called for an environmental review before their inclusion on the ballot. Judge Jeffrey Pearlman denied the request to void the ballot questions. The Common Sense Caucus plans to appeal, according to their attorney.

City Council leaders have voiced concerns about the proposals, saying they do not oppose building more housing but argue that the measures could remove council members’ ability to negotiate for funding and other benefits for their communities during land use reviews.

Council member Kevin Riley, chair of the Council’s Subcommittee on Zoning and Franchises, said at a recent rally, “Yes, we know we have to build housing, but what about investing in our schools? What about investing in our parks, the streets, the roads? What about adding economic opportunity? This gives us the opportunity to negotiate with those coming in our community for the things that we need in our community to grow.”

Supporters of the ballot proposals argue that current procedures can hinder affordable housing projects. At a rally on Wednesday, Brooklyn Borough President Antonio Reynoso said, “Many Council members don’t take the risk at all. They build no housing, especially affordable housing, in an effort to preserve their seat in the City Council. There are other members that put their necks on the line and support housing and don’t get kicked out of their seats, but we shouldn’t leave this up to chance. We shouldn’t make this risky.” Comptroller Brad Lander and Manhattan Borough President Mark Levine also spoke at the rally.

Amit Singh Bagga, who leads YES on Affordable Housing—a campaign promoting the ballot questions—said at Wednesday’s rally that although the current City Council has approved housing at a faster pace than previous councils, there is no guarantee future councils will do the same. “We cannot rely on just one good speaker … to solve a structural problem that’s been decades in the making,” he said.

Recently, the City Council advanced a rezoning plan for Jamaica, Queens, which is expected to allow nearly 12,000 new housing units. As part of this agreement with City Hall, over $400 million will be allocated for infrastructure and neighborhood improvements. Council Speaker Adrienne Adams commented on these investments: “We have not only approved housing, but this Council has improved initial proposals by deepening the affordability of the homes that they will create while securing major investments for our neighborhoods.”

However, some changes reduced allowable density and removed areas from rezoning, lowering projected housing units by about 500. Council members said these adjustments aimed to create smoother transitions between higher-density areas and existing homes.

Community boards have received talking points from the Council warning that the ballot proposals could make it easier for multifamily buildings to be built in neighborhoods with mostly single- or two-family homes. According to a PowerPoint presentation reported by Crain’s, one proposal “effectively eliminates 1- and 2-family home zoning in NYC,” though the measures themselves do not directly change zoning laws.

Opponents also raised concerns during discussions about City of Yes for Housing Opportunity; amendments were made to exclude certain neighborhoods from transit-oriented development plans.

In other city news, Yonkers Mayor Mike Spano has called on Governor Kathy Hochul to investigate MGM Resorts’ decision to withdraw its bid for a casino license in Yonkers. Spano described MGM’s move as illogical and a betrayal to Yonkers residents. He also noted that former President Donald Trump could benefit financially if Bally’s receives a casino license for its Bronx golf course property.

A 2022 study found that Hart Island, New York City’s public cemetery located in Pelham Bay, could run out of burial space within eight to twelve years. City Council committees are scheduled to hold an oversight hearing on its future this week.

Other recent developments include hedge fund investor Bill Ackman donating $1 million to Defend NYC, a super PAC opposing Zohran Mamdani; Mayor Eric Adams mentioning he has three “dream jobs” lined up; and a state judge criticizing Chelsea public housing residents for filing a lawsuit written by AI chatbot Grok that cited non-existent legal filings.

In real estate transactions, Wednesday’s top residential deal was an $8.5 million townhouse on West 88th Street in Manhattan’s Upper West Side. The top commercial deal was Cornell University purchasing Sotheby’s New York headquarters at 1334 York Avenue for $510 million. The most expensive new residential listing was a $24 million co-op at The Dakota on West 72nd Street.



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