Friday, October 16, 2020

Council Votes to Make Outdoor Dining Permanent, and Other Items Including Land Use Matters

 

The New York City Council voted on legislation to make outdoor dining permanent. During the COVID-19 pandemic, outdoor dining has offered restaurants a vital way to stay afloat but more is needed as the colder months approach. The Council today will vote to extend the program in its current form through Sept. 2021, and to allow propane heaters to be used by restaurants. Currently, only piped natural gas heaters (not propane) are allowed for use. This legislation will also require the city to create a permanent outdoor dining program for the future that uses city roadspace.

The virus has also financially hurt the taxi industry, which was struggling prior to the pandemic because of a decline in revenues and medallion values. The Council will be voting on a package of legislation aimed at providing increased oversight to this industry and combatting predatory lending practices, including through the creation of an Office of Financial Stability within the Taxi and Limousine Commission (TLC), which would be responsible for monitoring and evaluating the financial stability of the taxi industry.

A second bill would require annual financial disclosures from any person with an interest in a taxicab license. This bill would help to combat the issues resulting from a lack of information collected on the financial situations of TLC’s licensed owners, brokers and agents. This is especially problematic when the need to assess the financial situation of medallion owners and evaluate potential conflicts of interest regarding taxi-related businesses arises.

The final bill would require the TLC to evaluate the character, honesty and integrity of taxicab brokers, agents and licensees when they submit a new license application or when they submit an application to renew an existing license. TLC would be authorized to refuse to grant or renew a license based on findings during this process, such as the commission of fraudulent, deceitful or unlawful acts in connection with a business licensed by TLC.

The Council will also be voting on two additional bills that help seniors and housing affordability. The first reauthorizes the $50,000 maximum eligible income level for the Senior Citizen Rent Increase Exemption and the Disability Rent Increase Exemption programs, a move designed to conform the state bill. The second would amend the expiration date of the New York City Rent Stabilization Law of 1969, a move allowed by the state. Typically, a housing survey and vacancy survey is required to assess the need for rent stabilization, which is conducted by the US Census Bureau and the Housing and Preservation Development. This requirement has been waived this year because the census is busy with the 10-year national count.

Finally, the Council will be voting to appoint Stanley Richards to the NYC Board of Correction and José M. Araujo to the New York City Board of Elections. In addition, they will vote on several land use items. Also, on Thursday the Council’s Democratic Conference voted to appoint Rodney L. Pepe Souvenir to the New York City Board of Elections.

CONSUMER AFFAIRS

Int. No. 2127-A, sponsored by Council Member Antonio Reynoso, would extend the expiration of the City’s current outdoor dining program until September 30, 2021. That program would then be replaced by a permanent program to allow for the use of roadway seating as outdoor dining areas. The bill would permanently also allow the use of portable propane heaters in outdoor dining areas, subject to guidelines issued by the New York City Fire Department (FDNY).

TRANSPORTATION

Creates an Office of Financial Stability within the NYC Taxi and Limousine Commission

Int. No. 1610-Asponsored by Council Member Ritchie J. Torres, would require the creation of an Office of Financial Stability within the NYC Taxi and Limousine Commission (TLC). The office would monitor and evaluate a range of factors related to the financial stability of the taxi industry, including income and expenses for medallion owners, medallion loan terms and market manipulation. The office would also be required to post online and submit to the Council, Mayor and Department of Investigation an annual report on the office’s activities, an assessment of the financial stability of the taxi industry and any recommendations regarding industry stability.

This bill would go into effect 120 days after becoming law.

Requires annual financial disclosures from anyone with an interest in a taxicab license

Int. No. 1584-A, sponsored by Council Member Adrienne E. Adams, would require any person with an interest in a taxi license to make annual financial disclosures to the Taxi and Limousine Commission (TLC). Required disclosures would include information about income from and expenses related to each taxi license, any loans secured by a taxi license and any other interests the person filing the disclosure has in any taxi, livery, or for-hire vehicle business.

This bill would go into effect 120 days after becoming law.

Requires the taxi and limousine commission to evaluate the character and integrity of taxicab brokers, agents, and taxicab licensees

Int. No. 1608-A, sponsored by Council Member Ydanis Rodriguez, would require the NYC Taxi and Limousine Commission (TLC) to evaluate the character, honesty and integrity of taxicab brokers, agents and licensees when they submit a new license application or when they submit an application to renew an existing license. The commission would be authorized to refuse to issue or renew a license upon a finding that an applicant lacks good character, honesty and integrity. The commission would consider, among other factors, misstatements or misrepresentations in connection with an application and commissions of fraudulent, deceitful or unlawful acts while engaged in the business licensed by the commission.

This bill would go into effect 180 days after becoming law.

HOUSING & BUILDINGS

Continues the New York City Rent Stabilization Law of 1969 through 2022

Int. No. 2093, sponsored by Council Member Robert E. Cornegy Jr., would amend the expiration date of the New York City Rent Stabilization Law. In order to maintain the City’s Rent Stabilization Law, a housing and vacancy survey (HVS) must be conducted in partnership with the United States Census Bureau. Due to the limited capacity of the Census Bureau to conduct the HVS concurrently with the decennial census, the State of New York passed legislation delaying the requirement of the survey by one year. To reflect the State’s extension of the deadline, this bill would shift the current expiration date of the City’s Rent Stabilization Law from April 1, 2021 to April 1, 2022. 

This bill would go into effect immediately.

AGING

Reauthorizes the $50,000 maximum eligible income level for the Senior Citizen Rent Increase Exemption (SCRIE) and the Disability Rent Increase Exemption (DRIE) programs

Int. No. 2030sponsored by Council Member Margaret Chin, would increase the maximum income threshold for eligibility in both the Senior Citizen Rent Increase Exemption and the Disability Rent Increase Exemption programs, otherwise known as the NYC Rent Freeze Program. In 2014, New York State increased the income threshold to $50,000 through June 2020. The State authorized the income threshold increase after its expiration this year and as a result, the City of New York must do the same and reauthorize the extension.

The bill is retroactive and would extend the current qualifying maximum level of income through June 30, 2022.

LAND USE

1510 Broadway

An application in Council Member Alicka Ampry-Samuel’s district by HPD is seeking designation and approval of an Urban Development Action Area Project, to facilitate the construction of a new eight-story building with approximately 107 units of affordable housing with approximately 9,000 sq ft of ground floor commercial space.

Weeksville NCP at Prospect Place

An application in Council Member Alicka Ampry-Samuel’s district by HPD seeks designation of Urban Development Action Area Project approval for a new development of seven buildings with approximately 44 affordable rental units.

Old Stanley 641 Chauncey and Old Stanley II

An application in Council District 37 and Council Member Reynoso’s districts by HPD seeks designation and approval of Urban Development Action Area Project dispositions of City-owned property to facilitate the construction of three residential buildings with affordable homeownership units developed by a non-profit community-based developer.

Open Door Bed Stuy Central and North I

An application in Council Member Robert Cornegy’s district by HPD seeks approval of Urban Development Action Area Project waiver of the area designation requirement and Sections 197-c and 197-d of the New York City Charter, and approval of a real property tax exemption pursuant to Section 577 of Article XI of the Private Housing Finance Law to facilitate the construction of two two-family and nine-three family affordable homes.

Manida Street Historic District 

An application in Council Member Rafael Salamanca’s district by the Landmarks Preservation Commission seeks approval for the designation of a new Manida Street Historic District in the Hunts Point neighborhood of the South Bronx.

Beth Hamedrash Hagodol Synagogue 

An application in Council Member Margaret Chin’s district, by the Landmarks Preservation Commission (LPC) to rescind the designation. The building had been destroyed in a fire and has since been demolished.

Alexander Hamilton House (Hamilton Grange)

An application in Council Members Mark Levine and Bill Perkins districts, by the Landmarks Preservation Commission seeks approval of an amendment to update the designation location to reflect the current location at 414 W 141 Street. 

Kingsland Homestead

An application in Council Member Peter Koo’s district, by the Landmarks Preservation Commission to update the designation location to reflect the current location at 143-35 37th Avenue. 

5914 Bay Parkway

An application in Council Member Kalman Yeger’s district seeks a zoning map amendment and zoning text amendment to map Mandatory Inclusionary Housing on a portion of the east side of Bay Parkway between 59th and 60th Streets to facilitate a nine-story mixed-use building with 36 units of housing, 11 of which are affordable.

50 Old Fulton

An application in Council Member Stephen Levin’s district to rezone from M2-1 to M1-5 to facilitate the development of a five-story commercial building with approximately 33,000 sqf of retail and office space. 

3 St. Mark’s Place

An application in Council Member Carlina Rivera’s district, for a special permit pursuant to Zoning Resolution Section 74-79, to transfer unused development rights from an Individual Landmark site to facilitate the construction of a ten-story commercial building.  The land use committee recommended the disapproval of this item.                                                                                                                                 

Industry City

The Industry City Street applications were withdrawn by the applicant.

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