New York City Council leaders are urging the Board of Elections to reject three housing-related ballot proposals submitted by Mayor Eric Adams’ Charter Revision Commission, arguing they're misleading to voters and undermine one of the Council’s key powers — the unilateral authority to reject development projects requiring public approval.
But the proposals have won the support of some affordable housing advocates, and Adams' office is accusing the Council of throwing up barriers to more affordable housing as the city faces a dire shortage of it.
Aside from writing laws and conducting oversight of city agencies, the Council has two major responsibilities: the municipal budget and land-use decisions. In a city where every inch of real estate is jealously guarded, land-use authority gives lawmakers enormous sway in shaping the city’s landscape. Under Council tradition, a single member can decide between a 20-story tower going up or a new supermarket opening in a neighborhood.
The mayor's office and other critics of the Council say its members are not addressing the current housing crisis with enough urgency. A "housing emergency" is typically defined by a 5% vacancy rate. Last year, the city's vacancy rate hit 1.4% according to the city housing department.
Council leadership says the charter commission's ballot proposals represent a power grab by Adams that subvert one of the Legislature's main functions. They also say the language of the proposals glosses over that fact.
“When New York City voters weigh in on ballot questions this November, they deserve to know the impact of their decision in clear and honest terms,” Council Speaker Adrienne Adams said in a statement. “This major change to remove the only democratically elected entity with voting power in the land-use process undermines New Yorkers’ ability to secure more affordable housing and investments for their neighborhoods.”
Mayor Adams convened the 13-member charter commission to address the housing crisis and reform the city's often tortuous and costly land-use review process. He appointed Richard Buery Jr., CEO of anti-poverty group Robin Hood and a former deputy mayor under Bill de Blasio, as chair.
The commission voted in July to approve a set of five ballot measures largely aimed at fast-tracking the development of low-income housing in the city.
Two of the measures would carve out new fast-track approval processes for certain affordable housing and infrastructure projects. Those proposals would leave final approval to unelected bodies: the City Planning Commission or the Board of Standards and Appeals.
The third measure at issue, Question 4, would create a new appeals board composed of the City Council speaker, the mayor, and the borough president of the borough where a project is located. The board could overturn Council decisions on certain rezonings with just two members’ approval.
The appeals board is intended to break a tradition known as “member deference,” where the full Council follows the lead of the local member who represents the development location. In practice, the custom has given lone councilmembers the power to kill proposed projects.
Member deference is not enshrined in law, but no Council speaker has ever mounted a serious challenge to the custom. While it has stopped many developments in their tracks, the practice also allows residents — and voters — significant sway over land-use decisions in their neighborhoods. Member deference has often been blamed for the outsize rate of income-restricted apartments in low-income communities, while wealthier neighborhoods have been required to build far less affordable housing.
In an Aug. 28 letter to the Board of Elections, Council leaders said these three measures fail to disclose how they would curb the Council’s central role in development projects. The proposals “would completely eliminate the Council’s authority to approve or modify a vast swath of development projects, shifting voting power entirely to unelected appointees primarily made by the mayor,” the letter says.
Council leaders argue the proposed appeals board would weaken their ability to negotiate for more affordable housing and community benefits. They point to past concessions won under the current system, such as establishing the 34th Street busway and securing $120 million in economic development funding for the Garment District as part of a Midtown South rezoning.
“Questions 2, 3, and 4 must be rejected for placement on the November ballot because their primary impact is being hidden from voters, undermining the franchise,” the Council leaders wrote. Speaker Adams, Deputy Speaker Diana Ayala, Democratic Majority Leader Amanda Farías and Republican Minority Leader Joann Ariola signed the letter.
Mayoral spokesperson William Fowler said the Council was throwing up roadblocks to development during "a historic housing crisis."
"If this City Council wants to go down in history as standing in the way of giving voters the chance to eliminate New York City’s barriers to housing, that is their choice and legacy to bear," he said in a statement. "But it stands in complete contrast to the Adams administration, which is the most pro-housing administration in city history."
Casey Berkovitz, a spokesperson for the charter review commission, said the proposal language is transparent.
“The ballot questions clearly explain how the proposals would change housing and land-use process in the City, including the consequences of a 'yes' or ‘no’ vote,” he said in a statement, adding the commission would continue its educational efforts through Election Day on Nov. 4.
Berkovitz also pointed to statements of support for the proposals from the nonprofit Regional Plan Association and New York Housing Conference, as well as City Comptroller Brad Lander, a frequent critic of Adams.
The city Board of Elections didn't respond to requests for comment.
New York state law requires charter commissions to craft questions that “clearly ... indicate the effect of their approval,” the Council leaders' letter notes.
The board must certify the measures' language for voter ballots by Sept. 11.
