City Planning Releases Draft Annotated Zoning Text of City of Yes for Housing Opportunity

 

Draft Text Offers Comprehensive Details of Proposal to Enable “A Little More Housing in Every Neighborhood” 

Early Release of Text Offers Transparency, Engagement Ahead of Formal Public Review 

Department of City Planning (DCP) Director Dan Garodnick today released the annotated draft zoning text of City of Yes for Housing Opportunity, Mayor Adams’ historic proposal to address New York’s housing crisis by enabling a little more housing in every neighborhood. The document offers comprehensive proposal details, including annotations to explain complex zoning text in plain English. By releasing the draft annotated zoning text early, DCP is giving New Yorkers additional time to understand the proposal before community boards and borough presidents begin their official review. In addition, DCP today released an illustrated guide to the major components of the proposal, including real-world examples, key terms, and more. Both documents are available to download at nyc.gov/YesHousingOpportunity. 

“The human consequences of our housing shortage are clear: rising rents, homelessness, displacement, and an imbalance of power between landlords and tenants. City of Yes for Housing Opportunity would help alleviate this crisis by providing New Yorkers with more housing choice, and the release of the draft zoning text is an important step toward making that happen,” said Dan Garodnick, DCP Director and Chair of the City Planning Commission. “These materials will help the public understand how our proposal will create housing opportunity in every neighborhood, and reflect our commitment to transparency and public engagement.”  

City of Yes for Housing Opportunity is the most pro-housing reform ever proposed to New York’s zoning, and comes as the city faces a historic housing shortage, with a rental vacancy rate of just 1.41%. Mayor Adams first unveiled details of the proposal in September 2023, and DCP is currently undertaking environmental review. Major components of the plan include: 

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Universal Affordability Preference (UAP), allowing buildings to be about 20% larger if the additional density is permanently affordable; 

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transit-oriented development and town center zoning provisions, facilitating three-to-five-story apartment buildings near transit and along commercial corridors, respectively; 

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providing homeowners greater flexibility, including the ability to add accessory dwelling units like backyard cottages; 

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lifting arbitrary and expensive parking mandates for new residential construction; 

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allowing offices and other buildings to convert to residential use across the city; 

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re-legalizing small units and shared housing models with common kitchen or bathroom facilities; 

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and facilitating infill development on large lots known as campuses. 

The draft annotated zoning text sheds new light on these proposals and offers more details on others. It includes provisions for the deepest affordability levels provided through zoning, including a requirement that units qualifying for UAP be permanently affordable to New Yorkers earning an average of 60% of the Area Median Income (AMI). It also allows the “Deep Affordability” option of Mandatory Inclusionary Housing (MIH), which requires that 20% of housing be affordable to New Yorkers earning 40% of the AMI, to be used independently of other MIH options, rather than only being available in conjunction with other MIH options at higher AMI levels.   

Other details in the draft zoning text include:  

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how the proposal will clear barriers to affordable homeownership; 

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a definition of the “Greater Transit Zone,” where three-to-five-story apartment buildings will be allowed, that will automatically expand if new transit access is added;

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changes to zoning incentives that will remove obstacles to family-sized apartments, and will help buildings to modernize trash disposal and pickup;

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benefits for “community facilities” like faith-based organizations and libraries;

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and changes to ensure the definition of “family” in zoning is inclusive and matches other city and state laws. 

DCP will release a draft environmental impact statement (DEIS) and refer City of Yes for Housing Opportunity to community boards, borough presidents, and borough boards for public review later this spring. It is anticipated to come for a vote by the City Planning Commission and City Council before the end of the year. 

 

Department of City Planning 

The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.  

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space. 

Statement from a Council Spokesperson on the Mayor’s Office Requesting Submission of Forms for Communications between Elected Officials and Agency Commissioners and Staff

 

In response to recent reports about a request form for elected officials to communicate with agency officials, the New York City Council released the following statement from spokesperson Rendy Desamours.

“While there have been media reports and sporadic communication on a requirement for elected officials to submit a form to communicate with executive staff of city agencies, the Council has received no official communication from the Administration on this. The Council will not be adhering to this excessively bureaucratic and inefficient process that will only undermine the work of city government on behalf of New Yorkers. Elected officials often communicate with city agencies multiple times a day to pursue solutions to issues faced by their constituents. Requiring a form for various types of communication is the height of government inefficiency. This contradicts the pledges by this Administration to improve the efficiency of city government, and only threatens to leave New Yorkers waiting longer for a resolution to their problems. If the Administration wants to better manage coordination with its agencies, it should improve its own internal communication in a streamlined way rather than attempting to issue directives to other branches of government for communicating with public officials, which is highly inappropriate, inefficient, and can interfere with oversight.”

NYC Comptroller Lander Wins Back $119k+ in Benefits for Workers at Queens Condo

 

The New York City Comptroller’s Office reached a settlement with 11-51 47th Real LLC, The Board of Managers of the Jackson Condominium, and Choice NY Property Management LLC (Choice Management) for 421-a prevailing wage violations regarding wage theft from building services workers in Hunters Point, Queens. The settlement payments total $119,005.54, including benefits and interest.

“Companies cannot expect to reap tax breaks like 421-a and not pay their employees the required wages and benefits. This disregard for the law will not be tolerated, and this settlement serves as a warning to all companies that they must follow the law when it comes to fair compensation,” said Comptroller Brad Lander.

“This settlement is a reminder that buildings receiving tax exemptions from the state must pay their building services employees prevailing wages and benefits. Our investigation found Choice Management avoided paying their workers’ legally mandated benefits, and this settlement ensures the workers receive the compensation they were due,” said Claudia Henriquez, Director of Workers’ Rights at the Comptroller’s Bureau of Labor Law.

11-51 47th Real LLC received a 15-year partial tax-exemption from the New York City Department of Housing Preservation and Development for the building, which includes 53 residential units. All properties benefiting from a 421-a tax break are required to follow New York State prevailing wage laws.

Prevailing wage law requires covered contractors to pay their employees a specified rate of pay, which is set by the Comptroller, and supplemental benefits such as health insurance and pension contributions. In lieu of providing the benefit, a company may meet its obligations by paying workers the supplemental benefit rate, a fixed hourly dollar amount also set by the Comptroller.

In this case, Choice Management did not pay the supplemental benefits to the workers, as required by law. Over the two-year period between October 2017 and December 2019, six workers collectively missed out on $87,675.94 in supplemental benefits. After factoring in interest, Choice Management paid a total settlement of $119,005.54.

This case was handled by Agency Attorney Jamshid Saloor under the supervision of Supervising Attorney Amy Luo. The investigation was conducted by Investigator Richard Abbadessa under the supervision of Francisco Gonzalez, Director of Investigations; and the audit of underpayments was performed by Xiaoyue Lin, Auditor, under the supervision of Stuart Rimmer, Director of Audit. The Bureau of Labor Law is overseen by Claudia Henriquez, Director of Workers’ Rights.

If you have worked on a prevailing wage project and believe your employer has violated the law, you can file a complaint with the Comptroller’s Office here.

Armed Security Guard At Manhattan Federal Building Pleads Guilty In Connection With Sexual Assault Of Asylum Seeker

 

Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of JIMMY SOLANO-ARIAS, an armed security guard at the Jacob K. Javits Federal Office Building located at 26 Federal Plaza in Manhattan, in connection with SOLANO-ARIAS’s sexual assault of an asylum seeker (the “Victim”) on May 4, 2023.  SOLANO-ARIAS pled guilty to lying to federal law enforcement agents following his sexual abuse of the Victim.  As part of his guilty plea, SOLANO-ARIAS admitted that while acting under color of law as an armed security guard at 26 Federal Plaza, he engaged in a non-consensual sexual act with the Victim.  SOLANO-ARIAS was arrested on May 5, 2023, and pled guilty today before U.S. Magistrate Judge Sarah Netburn. 

U.S. Attorney Damian Williams said: “Jimmy Solano-Arias abused the trust and privileges bestowed on him as an armed security officer at a federal building.  Instead of working to keep the many federal employees and visitors at 26 Federal Plaza safe, Solano-Arias exploited his position of authority to sexually abuse an individual seeking asylum protection in the United States.  This Office is committed to holding all those in positions of public trust accountable when they abuse their power and violate the constitutional rights of others.” 

According to the allegations in the Indictment, Superseding Information, other public court documents, and statements made during court proceedings:

On May 4, 2023, SOLANO-ARIAS was employed as a security guard by a company that contracts with the Federal Protective Service of the Department of Homeland Security to provide armed security services at 26 Federal Plaza.  SOLANO-ARIAS wore a black and gray security guard uniform and carried his employer-issued firearm on his waistband.

Early in the morning on May 4, 2023, the Victim went to 26 Federal Plaza for the purpose of submitting an asylum application.  Once there, SOLANO-ARIAS offered to assist the Victim with his asylum paperwork.  Instead of providing assistance, however, SOLANO-ARIAS led the Victim through non-public areas of 26 Federal Plaza, eventually secluding the Victim in a locked office on the second floor.  Inside the locked office, SOLANO-ARIAS demanded that the Victim perform oral sex on SOLANO-ARIAS.  When the Victim attempted to resist SOLANO-ARIAS’s demands, SOLANO-ARIAS reached to the company-issued firearm on his person.  Fearing that SOLANO-ARIAS would kill the Victim, the Victim performed oral sex on SOLANO-ARIAS, which caused physical pain and injury to the Victim.  Following the assault, when the Victim was able to leave the office, he immediately reported the sexual assault to law enforcement.

The following morning, when SOLANO-ARIAS arrived at 26 Federal Plaza for his shift, law enforcement agents with the Federal Bureau of Investigation (“FBI”) approached SOLANO-ARIAS and asked to speak with him.  SOLANO-ARIAS agreed to speak with the federal agents.  During the interview that followed, SOLANO-ARIAS lied to the federal agents about his sexual abuse of the Victim, initially disclaiming entirely that he had engaged in a sexual act with the Victim and then falsely claiming that the sexual act was consensual when it was not.  SOLANO-ARIAS was arrested after the interview. 

SOLANO-ARIAS, 42, of the Bronx, New York, pled guilty to one count of making false statements to federal law enforcement agents, which carries a maximum sentence of five years in prison. 

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the FBI.  

BRONX MAN SENTENCED TO 15 YEARS IN PRISON FOR SEXUALLY ABUSING STEPDAUGHTER FOR SIX YEARS, SINCE SHE WAS 11 YEARS OLD

 

Defendant Used Girl in Pornography

Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 15 years in prison for sexually abusing his young stepdaughter for six years and creating a large volume of pornography using the child. 

 Bronx District Attorney Clark said, “What the defendant did to this young girl is repugnant beyond words. I cannot fathom the trauma inflicted on the victim, who was only 11 years old when the abuse started. Our Office will continue to provide her with support for as long as she needs it.” 

District Attorney Clark said the defendant, Israel Rivera, 30, last of 877 Taylor Avenue, was sentenced to 15 years in prison and 20 years post-release supervision by Bronx Supreme Court Justice Laurence Busching on April 9, 2024. The defendant pleaded guilty to first-degree Course of Sexual Conduct Against a Child and Use of a Child in a Sexual Performance on January 26, 2024.

According to the investigation, between 2016 and 2023, Rivera sexually and physically abused his stepdaughter while she was between the ages of 11 and 17 years old, in various homes in the Bronx. The defendant also produced pornographic photographs and videos that were recovered from two cell phones as well as social media accounts, featuring the girl. The defendant refused to let the girl go to school or leave his home and watched her daily activities through surveillance cameras. In May of 2023, the victim texted 911 to report the abuse, and police responded to the defendant’s home and rescued the child. The victim’s mother, Yaritza Torres, a codefendant in this case, is alleged to have also sexually abused the young girl, forcing her to have sex with her and Rivera. Her case is pending.

District Attorney Clark thanked NYPD Police Officers Wilfredo Rodriguez from the NYPD Bronx Special Victims Squad, and Terence Barrientos from NYPD Police Service Area 8 and Forensic Interviewer Cassey Hidalgo of Safe Horizon’s Bronx Child Advocacy Center for their assistance.

Governor Hochul Advances $5.8 Million Through New York State Grown and Certified Program to Support New York Agricultural Producers

New York Farm Viability Institute Named Regional Funding Program Administrator to Benefit New York Farms and Food Processors

Round Two of NYS G&C Program Funded Through Round XIII of the Regional Economic Development Council Initiative 

Governor Kathy Hochul today advanced $5.8 million through the New York State Grown and Certified Infrastructure, Technology, Research and Development Program to support New York agricultural producers. The New York Farm Viability Institute has been named as the regional funding program administrator as part of Round II of the NYS G&C program funded through Round XIII of the Regional Economic Development Council Initiative. The program will support New York farms and food processors by funding projects across the state to enhance on-farm infrastructure and technology capabilities, as well as to support existing and new NYS G&C program participants.

“New York’s farmers are the backbone of our state, and my administration is committed to supporting the future of our agricultural industry,” Governor Hochul said. “Through this program, we’re investing in New York farm production and food processing here in our state to ensure the industry continues to thrive for generations to come.”

As program administrator, NYFVI will develop a Request for Proposals (RFP) for the $5.8 million grant program. $5 million will be dedicated to capital projects designed to improve critical farm infrastructure or help farms implement innovative technologies and state-of-the-art equipment, with the remaining $800,000 to support research and development projects for the development of new products to be marketed under the NYS G&C program.

Funding will be allocated to REDC regions as follows:

• Finger Lakes and Central New York – $1 million for capital projects; $200,000 for research and development projects
• Long Island, New York City and Mid-Hudson – $1.5 million for capital projects; $200,000 for research and development projects
• Mohawk Valley, Capital Region and North Country – $1.5 million for capital projects; $200,000 for research and development projects
• Southern Tier and Western New York – $1 million for capital projects; $200,000 for research and development projects

NYFVI staff work with the Department of Agriculture and Markets to develop an application process for farms and food businesses.

To be eligible for funding, all projects must implement new and innovative practices or approaches designed to meet industry needs and consumer demand. They must also have a direct, timely benefit to support New York’s agricultural industry and hold significance to the region served by focusing on one or more of the following priority areas:

• Production automation and labor efficiency
• Distribution capacity enhancement
• Processing and packing
• Food safety
• Environmental sustainability directly related to NYS G&C participation
• New product development targeting consumer demand

Additional information about the program — including how to apply for funding — will be made available in the coming months.

NYFVI will be responsible for the day-to-day administration of the program, including conducting educational and promotional activities to ensure industry participation; accepting and evaluating proposals; awarding grants; executing and administering contracts, including contract oversight and reporting to the Department; and ensuring that awarded entities enroll in NYS G&C.

The REDC process continues to support and empower regional stakeholders in developing strategic plans and funding priorities that meet local economic needs. Regional Councils reviewed proposals for administration of this program and provided scores that reflect how well a project aligns with a region’s goals and strategies. Applicants utilized the New York’s Consolidated Funding Application, the state’s single application for state resources, which includes programs for numerous agencies. It is designed to provide expedited and streamlined access to a combined pool of grant funds and tax credits from dozens of existing programs. A full list of Round XIII awards that have been made can be found here.

Funding for the NYS G&C ITRD Program was included for the first time in 2022 through Round 12 of the REDC initiative and offered as a second iteration in Round 13. Prospective grant applicants can review program details and sign up for an alert to be notified by the New York Farm Viability Institute (NYFVI) when applications are being accepted by signing up at this link on the NYFVI website.

The REDC process continues to support and empower regional stakeholders in developing strategic plans and funding priorities that meet local economic needs. Regional Councils reviewed projects from this program and provided scores that reflect how well a project aligns with a region’s goals and strategies. Since the Regional Councils were implemented in 2011, more than $420 million has been awarded to 602 agricultural projects.

About NYS Grown & Certified

The NYS Grown & Certified program was launched to help meet the growing consumer demand for local foods grown or produced to a higher standard. The program certifies New York State producers who adhere to high food safety and environmental stewardship standards. It is supported by a marketing campaign including on-product labels, promotional materials, and sales materials. Currently, more than 3,000 producers are participating in New York State Grown & Certified, representing more than 750,000 acres of farmland. For more information on NYS Grown & Certified, visit its website, and/or follow the program on Facebook, X (formerly Twitter) and Instagram.

About the Consolidated Funding Application

The Consolidated Funding Application was created to streamline and expedite the grant application process. The CFA process marks a fundamental shift in the way state resources are allocated, ensuring less bureaucracy and greater efficiency to fulfill local economic development needs. The CFA serves as the single-entry point for access to economic development funding, ensuring applicants no longer have to slowly navigate multiple agencies and sources without any mechanism for coordination. Now, economic development projects use the CFA as a support mechanism to access multiple state funding sources through one application, making the process quicker, easier, and more productive. Learn more about the CFA here.

About the Regional Economic Development Councils

The Regional Economic Development Council initiative is a key component of the State’s approach to State investment and economic development. In 2011, 10 Regional Councils were established to develop long-term strategic plans for economic growth for their regions. The Councils are public-private partnerships made up of local experts and stakeholders from business, academia, local government and non-governmental organizations. The Regional Councils have redefined the way New York invests in jobs and economic growth by putting in place a community-based, bottom-up approach and establishing a competitive process for State resources. Learn more at regionalcouncils.ny.gov.

DEC Releases Proposed Regulation to Implement Black Bass Fishing Tournament Permit and Reporting System

Public Comments Accepted through June 10

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the release of a regulatory proposal to implement a fishing tournament permit and reporting system for black bass (largemouth bass and smallmouth bass). The no-cost black bass tournament permitting and reporting system would help identify the distribution and occurrence of black bass tournaments across the state.

 

“New York is a national destination for black bass fishing tournaments thanks to the quality of our bass fisheries,” Commissioner Seggos said. “This proposal would require a free permit for bass tournaments and help fisheries managers better understand tournament activity in New York State, advancing efforts to ensure high quality black bass fishing opportunities for all anglers.”

 

Black bass are New York’s most sought-after freshwater sportfish. The number of black bass fishing tournaments has increased significantly over time, but the overall scope and scale of tournament activity in New York is currently unknown, limiting the ability of DEC fisheries biologists to fully understand and manage these important fisheries for the benefit of both tournament and recreational anglers.

 

The information derived from the free permit system would help DEC respond to issues such as user conflicts, overuse of the resource, and concerns about fish populations. Tournament catch data would also be used by fisheries biologist to further DEC’s understanding of black bass fisheries for improved management. In addition, the proposed regulation would allow for the listing of approved tournaments on DEC’s website. Having this information publicly available would assist tournament organizers with scheduling and inform recreational anglers about when and where tournaments are held.

 

Highlights of the proposal include:

• Requiring free permits for black bass fishing tournaments held on or after Jan. 1, 2025; 
• Defining a fishing tournament and a fishing tournament director;
• Setting timeframes for permit applications, report submissions, and DEC review; and
• Providing DEC with the ability to place conditions on tournaments.

 

The full text and a summary of the proposed regulation are available on DEC's website and additional information is available on the Black Bass Fishing Tournament Permit webpage. DEC is interested in anglers' viewpoints and encourages public feedback on this proposal. Comments will be accepted through June 10, 2024, and can be submitted via e-mail to regulations.fish@dec.ny.gov (subject: "Fishing Tournament Permits Proposal Comments") or via mail to the Inland Fisheries Section, NYSDEC, 625 Broadway, Albany, NY 12233-4753. 

Housing Lottery Launches For 451 Tenth Avenue In Hudson Yards, Manhattan

 

The affordable housing lottery has launched for 451 Tenth Avenue, a 44-story residential skyscraper in Manhattan’s Hudson Yards. Designed by Handel Architects and developed by Related Companies, the structure yields 270 residences. Available on NYC Housing Connect are 135 units for residents at 40, 60, and 120 percent of the area median income (AMI), ranging in eligible income from $29,075 to $183,000.

Amenities includes pet-friendly policies, gym, pool, recycling center, concierge, and an on-site resident manager. Residences come equipped with washers and dryers, air conditioning, and name-brand kitchen appliances, countertops, and finishes.

At 40 percent of the AMI, there are 53 studios with a monthly rent of $848 for incomes ranging from $29,075 to $45,200, and one one-bedroom with a monthly rent of $903 for incomes ranging from $30,960 to $50,840.

At 60 percent of the AMI, there are nine studios with a monthly rent of $1,315 for incomes ranging from $45,086 to $67,800; 44 one-bedrooms with a monthly rent of $1,403 for incomes ranging from $48,103 to $76,260; and one two-bedroom with a monthly rent of $1,671 for incomes ranging from $57,292 to $91,500.

At 120 percent of the AMI, there are two studios with a monthly rent of $2,716 for incomes ranging from $93,120 to $135,600; 15 one-bedrooms with a monthly rent of $2,905 for incomes ranging from $99,600 to $152,520; and ten two-bedrooms with a monthly rent of $3,473 for incomes ranging from $119,075 to $183,000.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than June 10, 2024.