Discourse on Zoning Decision-Making Authority: The Last Word is Yet to be Settled
Streamlining Zoning Decisions in New York City: Proposed Charter Reforms
New York City is set to undergo significant changes in its land use review process, with the aim of streamlining and speeding up the procedure. The proposed reforms, which are part of the 2021 New York City Charter reform recommendations, seek to enhance the efficiency of the process while maintaining a balance between community input and development.
The key proposed changes include:
- Tiered Review System: Large projects will follow one review path, while smaller projects could follow an expedited process, allowing for more efficient rezonings.
- Streamlined Review for 'Categorically Beneficial Projects': Projects such as 100% affordable housing developments may benefit from a simplified review process, although the criteria for defining such projects are not yet clear.
- Activation of the Zoning Administrator Office: This office will be tasked with reviewing certain zoning changes or waivers more efficiently, a function that has been mentioned in the Charter but not yet implemented.
These reforms are designed to reduce costs, facilitate more development, and ensure a more efficient process. However, no specific mention of changes to the Council’s substantive zoning decision authority appears in the available documents.
The New York City Council, traditionally the presumptive final arbiter of zoning changes under the Uniform Land Use Review Procedure (ULURP), continues to play an active role in significant zoning decisions. Last year, Mayor Eric Adams appointed a charter reform commission to speed up housing production, reflecting the city's focus on inducing development in the tight and expensive housing market.
The proposed changes also include the creation of a new affordable housing appeals board, comprising the borough president of the affected borough, the speaker of the city council, and the mayor. This board would have the power to overrule council disapproval of an application if two of the three members agree, marking a departure from the current practice where the mayor can veto the council's resolution to disapprove, subject to a two-thirds vote reversal.
The speaker of the city council encourages the Council's traditional practice of deferring to the council member who represents the impacted area for approval or rejection of private zoning applications. This practice aims to address citywide needs and protect the Council's reputation. However, local opposition in some neighborhoods can constrain the implementation of development projects.
The new regime would give the speaker's vote the same weight as a borough president, despite the speaker being elected by fewer voters than the mayor. The speaker would represent both a citywide view and that of the local member in whose district the project was located.
The charter reform proposals seek to augment the Council’s role in zoning decisions with procedural reforms rather than remove or drastically reduce its powers. The reforms are set to be presented to voters in November, and they include proposals to address procedural bottlenecks and member deference.
Former NYC Council Member Ken Fisher, now a member of the national law firm Cozen O'Connor focusing on city and state government regulations, transactions, and investigations, is among those who will be closely watching the implementation of these reforms. The outcome of these changes could significantly shape the future of development and housing in New York City.
- The proposed zipper-style land use review process in New York City's 2021 Charter reform recommendations may lead to more efficient real-estate development, particularly for categorically beneficial projects such as 100% affordable housing developments that qualify for a simplified review.
- The new affordable housing appeals board, which includes the speaker of the city council, the mayor, and the borough president of the affected borough, could have a significant impact on the general news landscape by overruling city council disapproval of affordable housing applications, according to the charter reform proposals.
- As the speaker of the city council maintains equal weight in the new affordable housing appeals board, policy-and-legislation discussions on the role of politics in governing the housing-market and real-estate investments may be necessary to ensure a balance between citywide and local interests in the implementation of development projects.
