Midtown South Mixed-Use Plan to Use New Zoning Tools to Create Approximately 9,700 New Homes Across 42 Manhattan Blocks

 

Following Lifting of “FAR Cap,” Plan Would Map New Higher Density Districts with FARs of 15 and 18 for the First Time

Plan Prioritizes Mixed-Use Buildings to Bolster Affordable Housing, and Create Job Opportunities in Central Manhattan

New York Department of City Planning (DCP) Director Dan Garodnick today announced the release of an updated draft Midtown South Mixed-Use (MSMX) Plan to facilitate the production of around 9,700 homes, up to 2,800 of them permanently income-restricted affordable, across 42 Manhattan blocks where housing today is not permitted. Revealed at an info session on Wednesday, the plan maps new, high-density residential zoning districts with FARs of 15 and 18, enabled by the recent repeal of the State’s outdated and arbitrary “12 FAR” cap on housing. These changes will help create a more dynamic, 24/7 mixed-use, transit-rich neighborhood with great housing and job opportunities for New Yorkers.

"Last year, we went to Albany and secured New York City's ability to create greater density housing districts where it makes sense, like Midtown South, one of the most transit-rich neighborhoods in the five boroughs,” said First Deputy Mayor Maria Torres-Springer. “I am excited that the Midtown South Mixed-Use Plan will apply these new zoning tools to unlock 10,000 units of housing, including up to 2,800 permanently affordable homes, stimulate meaningful investments in the public realm, and accelerate the growth and dynamism of Midtown more broadly."

“Midtown South is one of the most transit- and job-rich areas of the city, but it’s long been held back by antiquated zoning that has restricted new housing. With action in Albany, we’re moving quickly to put new zoning tools to work to deliver more of the homes that New Yorkers urgently need, while fostering a vibrant mix of commercial, manufacturing, and residential uses. It’s a bold step toward building a more inclusive and dynamic Midtown,” said Department of City Planning Director Dan Garodnick.

“NYC DOT is proud to partner with DCP to support the rezoning of Midtown and create a more pedestrian friendly corridor through the Midtown South Mixed-Use Draft Plan,” said New York City Department of Transportation Commissioner Ydanis Rodriguez. “The draft Midtown South Mixed-Use Plan represents a major step toward modernizing housing in our city’s most transit-rich areas, delivering affordable housing, improving mobility, creating opportunities, and strengthening local services. By focusing on neighborhoods near major hubs, we can create lasting benefits for generations of New Yorkers.”

Located close to great transit at Penn Station, the Port Authority Bus Terminal, Herald Square, and Bryant Park, and minutes from commercial cornerstones like Midtown, the Financial District, and Long Island City, the plan area covers four distinct areas that share outdated industrial zoning – roughly between 23rd and 40th Streets and 5th and 8th Avenues – that are home to over 7,000 businesses and 135,000 jobs. While Midtown South has long been a strong economic hub, it is currently dealing with the challenges of commercial vacancies, changing work patterns, and decades-old zoning that severely limits new housing and opportunities for New Yorkers to live close to their jobs.

To address these challenges, the MSMX plan would map new, high-density, mixed-use zoning districts with residential FARs of 15 and 18 that allow for more housing, along with commercial, and manufacturing uses. These new R11 and R12 districts were made possible by the lifting of the State’s “FAR cap,” which, for decades, had limited the allowable residential square footage in New York City at 12 times the lot area. Earlier this year, the cap was finally lifted after successful advocacy by the City and housing advocates.

With the lifting of the cap, the Adams administration moved swiftly to include new zoning districts with FARs above 12 as a component of City of Yes for Housing Opportunity,  which is anticipated to be voted on by the City Council before the MSMX plan starts public review. These districts would require Mandatory Inclusionary Housing and be powerful new tools to create urgently needed homes, including permanently income-restricted affordable homes, in high-demand areas like central Manhattan. Midtown South would be the first area where these districts are mapped.

The MSMX plan will establish a new special district that will shape building form to ensure active street fronts and reflect existing loft character for these new, higher densities. To encourage much-needed public realm improvements, it would allow more floor area in buildings as long as they provide critically needed local improvements, such as transit accessibility/facilities, Privately-Owned Public Spaces (POPS), or public indoor spaces like atriums.

The MSMX plan would also pair the new R11 and R12 districts with M1-8A and M1-9A districts, which permit a wide range of non-residential uses, including light manufacturing, office space, and retail. These districts were created through the City of Yes for Economic Opportunity zoning amendment, and this would mark the first time that they have been mapped. With FARs of 12 for M1-8A and 15 for M1-9A, these districts create more opportunities for manufacturing and commercial uses than the existing M1-6 zoning, which limits FAR to 10.

Outside the plan area, the zoning proposal will also remove existing restrictions on housing in some of the midblock areas from West 35^th Street to West 39^th Street.

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.

United States Files Suit for Unpaid Duties and Penalties for Alleged Failure to Pay Duties on Imported Chinese Bedroom Furniture

 

The United States has filed a civil lawsuit against Lawrence Bivona, who was the President of LaJobi Inc., a Delaware corporation that imported Chinese-manufactured children’s bedroom furniture into the United States. The lawsuit alleges that Bivona made false statements to customs officials and, as a result, avoided paying antidumping duties owed on the imported furniture.

At the time merchandise is entered into the United States, the importer is responsible for providing all information necessary to enable Customs and Border Protection (CBP) to assess the applicable duties owed on the goods, including any antidumping duties applicable to the merchandise. Antidumping duties are trade remedies that help protect domestic industries from unfair trade practices by foreign businesses and countries, such as government subsidies or below market sales.

The United States’ complaint contends that Bivona caused LaJobi to misrepresent the identity of the manufacturers of the children’s furniture imported from China. In particular, the United States alleges that Bivona falsely represented that the furniture was manufactured by Chinese entities subject to duty rates of approximately 7% or less, and failed to disclose that the furniture was actually manufactured by entities subject to duty rates of 216%.

“Anti-dumping duties play an important role in countering illegal foreign trade practices and protecting U.S. manufacturers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue those who seek to gain an unfair advantage by violating our trade laws.”

“These civil penalties support the seriousness of CBP’s trade mission and protect the U.S. economy, while maintaining fair trade and preserving American jobs from predatory practices,” said Executive Director Susan Thomas of CBP’s Cargo and Conveyance Security, Office of Field Operations. “CBP’s antidumping and countervailing duties enforcement aims to mitigate harm by anti-competitive behavior and supports a level playing field for U.S. companies injured by unfair trade practices.”

“We take very seriously our role in protecting the U.S. economy from illegal and predatory trade practices,” said Assistant Director Ivan J. Arvelo of Homeland Security Investigations (HSI) Global Trade Investigations. “HSI is committed to working alongside CBP and partners to stop those who engage in fraud to circumvent U.S. trade laws.”

The complaint seeks the recovery of over $7 million in import duties and over $15 million in civil penalties.

HSI Newark led the investigation with CBP Trade Regulatory Audit Newark, CBP Associate Chief Counsel New York, CBP Consumer Products and Mass Merchandising (CPMM) Center of Excellence and Expertise. CBP and HSI are the agencies responsible for enforcing U.S. laws related to the importation of merchandise into the United States, including the collection of duties and assessment of penalties.

Trial Counsel Daniel Hoffman of the Civil Division’s Commercial Litigation Branch, National Courts Section, is handling the case.

The case is filed in the Court of International Trade and captioned United States v. Lawrence Bivona No. 24-00196.

To combat trade fraud, including avoidance of import duties, the Justice Department created a Trade Fraud Task Force. The Task Force partners with CBP and other law enforcement agencies to ensure compliance with U.S. trade laws.

The claims in the complaint are allegations only. There has been no determination of liability. 

FORMER PTA PRESIDENT ARRESTED FOR ALLEGEDLY STEALING MORE THAN $41,000 FROM ASTORIA ELEMENTARY SCHOOL ASSOCIATION

 

Queens District Attorney Melinda Katz announced that Athena Gonzalez, the former parent teacher association president at P.S. 166 in Astoria, has been charged with grand larceny and criminal possession of stolen property for allegedly stealing more than $41,000 from the school’s PTA.

District Attorney Katz said: “This defendant, as PTA president at P.S. 166, was supposed to be a guardian of the association’s funds but, as alleged, instead put the money into her own account and paid for personal trips to Six Flags Great Adventure and Kalahari Resorts, among other expenses. For more than nine months, she used the organization as her own personal checking account and ultimately stole more than $41,000. This money was raised by P.S. 166 families to help the school and its students. My office will work to restore those funds and hold this defendant accountable for her breach of trust.”

Athena Gonzalez, 33, of Greenvale, was arraigned before Judge Julieta Lozano on charges of grand larceny in the third degree and criminal possession of stolen property in the third degree. The defendant was ordered to return to court December 3. If convicted, she faces a potential maximum sentence of 2 1/3 to seven years in prison.

DA Katz said that, according to the charges, the defendant was elected to be the president of the parent teacher association of P.S. 166 in Astoria in July 2023. On or about December 11, 2023, a check for $1,564.87 drawn upon the PTA’s bank account at Connect One Bank was deposited into the defendant’s bank account.

Between April 2 and July 26, 2024, approximately six more checks – in amounts between $3,500 and $10,000 – were deposited into the defendant’s Discover bank account. The total amount of the seven checks deposited into Gonzalez’s account was $41,315.87.

After the checks were deposited, the defendant made purchases at Six Flags Great Adventure in New Jersey, Kalahari Resorts water park in Pennsylvania, smoke shops, nail salons, Starbucks, Sephora, Total Wines, Petco and other businesses. Gonzalez additionally used funds on gambling apps, for Airbnb reservations and to pay for identity theft protection.

On June 18, 2024, the defendant allegedly used a PTA-associated debit card to charge $1,236.00 for medical treatment for her pet at a Nassau County veterinary clinic.

The defendant is also alleged to have stolen $1,120 in cash from the PTA that was intended to be deposited into a PTA bank account.

Assistant District Attorney Catherine Jahn, Supervisor in the District Attorney’s Major Economic Crimes Bureau, is prosecuting the case under the supervision of Assistant District Attorneys Mary Lowenburg, Bureau Chief, Catherine C. Kane, Senior Deputy Bureau Chief, Jonathan Scharf, Deputy Bureau Chief, and under the overall supervision of Executive Assistant District Attorney for Investigations Gerard Brave.

 A defendant is presumed innocent until proven guilty.

Van Cortlandt Park Alliance - November is a Wonderful Time to Visit Your Favorite Park!

 

Super Seedlings
Saturday, November 2 - 10am to 12pm
Super Seedlings is a FREE, drop-in gardening program for kids ages 2-7 and their caregivers. Each session will have a fun seasonal theme to explore, nature crafts, garden produce to harvest, soil digging, and more!

VCPA Garden & Compost Site
RSVP Now

Veterans Day Ceremony
Sunday, November 3 - 12pm Sharp!

Honor the service of local veterans at this annual gathering hosted by Van Cortlandt Park Alliance and Bronx Community Board 8 Veterans Affairs Committee. 

At Memorial Grove

Birding with NYC Bird Alliance (formerly NYC Audubon)
Saturday, November 9 - meet at 9am
Explore Van Cortlandt Park’s ecologically diverse grounds and celebrate a long tradition of birding in the park. Each walk will be led by a NYC Bird Alliance guide.

RSVP Required

Van Cortlandt Nature Center.

 

Compost Sifter Building Workshop
Monday, November 11 - 11am to 2pm
Learn how to build your own compost sifter and use finished compost in your garden with VCPA and Bronx Green-Up. Participants can build sifters to take home, or to donate to a local community garden.

RSVP Required

Crunch & Munch
Saturday, November 16 - 9am to 2pm

Crunch leaves, plant bulbs, create seasonal crafts, and munch on light snacks!

Join VCPA and our friends from NYBG Bronx Green-Up and New York Restoration Project for a fun fall day in the garden.

RSVP Now

 

Discover VCP: Autumn Hike & Forest Exploration
Saturday, November 16 - Meet at 11am
Get off your fanny and go for a walk in Vanny! Led by Trail Stewardship Coordinator, Leslie Garcia, this leisurely hike covers 2-3 miles with amazing fall views in our Northwest forest.

RSVP Now

NYRR Youth Rising Run
Sunday, November 24 - at 10:30am

Kids of all ages and abilities can experience the joys of cross country running in Van Cortlandt Park! Registration for this event is FREE and open to participants ages 2 to 18 of all abilities. Every finisher will receive a New Balance souvenir.

Hosted by VCPA supporter, New York Road Runners.

Van Cortlandt Park Parade Ground/Cross Country Course

 

VOLUNTEER WITH US!

 

TUESDAYS

Garden Tune-Up Tuesdays

November 12 - 10am to 1pm

VCPA Garden & Compost Site

RSVP Now

WEDNESDAYS

Vault Hill Wednesdays

November 6, 13,  20 - meet at 9am

Meet at southern end of Van Cortlandt Golf House

RSVP Now

Canine Court Clean Up

November 20 - 2pm to 4pm
Meet at Canine Court - enter park at Broadway and W. 252nd
RSVP Now

 

THURSDAYS

Trail Thursdays

November 7, 14, 21 - meet at 9am

Meet at VCPA Garden & Compost Site
RSVP Now 

 

FRIDAYS

Forest Fridays
November 1, 15, 22 - meet at 9am

Meet at VCPA Garden & Compost Site

RSVP Now

Support Our Work in Van Cortlandt Park

 

Make a Donation

The park is really big. Our staff is really small. Only with your help can we grow our capacity, hire more staff, and take on projects to improve Van Cortlandt Park… for YOU!  Please consider a gift to Van Cortlandt Park Alliance today.

Donate!

VCPA Merch Shop!

Show your love for Van Cortlandt Park while supporting the Alliance!

Shop Now!

Become a Member

Members get VCPA merch and invitations to member only hikes while supporting their favorite park!

Join Now!

Our Contact Information
Van Cortlandt Park Alliance
80 Van Cortlandt Park South, Ste. E1
Bronx, NY 10463
718-601-1460
http://vancortlandt.org

MAYOR ADAMS URGES NEW YORKERS TO CALL 911 TO COMBAT SUBWAY SURFING, HIGHLIGHTS LIFE-SAVING TECH

 

Based on Calls from Concerned Citizens, NYPD Drone Teams Have Saved More Than 100 New Yorkers’ Lives in Last 12 Months

New York City Mayor Eric Adams, New York City Police Department (NYPD) Interim Commissioner Thomas G. Donlon, and New York City Public Schools Chancellor Melissa Aviles-Ramos today urged New Yorkers to call 911 if they see attempts at subway surfing and highlighted the administration’s efforts to leverage technology to combat the dangerous trend on the heels of a recent tragic incident that claimed one young New Yorker’s life and injured another. To help save lives, NYPD is utilizing 911 call data to deploy joint drone and field response teams of officers to areas experiencing the highest complaints of subway surfing. Using the most accurate information —calls by concerned citizens — these teams deploy drones to canvass moving trains for subway surfers. Once a subway surfer is found, a field team will hold the train at the next station and remove them. To date, this program has helped save the lives of 114 individuals — ranging from nine years old to 33 years old, and the average age being 14 years old. 

“Subway surfing is a deadly trap, one that is endangering more and more young people who see others doing it on social media,” said Mayor Adams. “But those five minutes of online fame could lead to years of regret and pain, or a lifetime of trauma and heartbreak for a family that loses a child. Think about what riding on top of trains really means: the possibility of death and your family, in grief, wondering what more they could have done to protect you. Subway surfing kills — ride inside, stay alive.” 

“There is nothing more heartbreaking than the death of a child, especially to such a needless tragedy,” said Deputy Mayor for Public Safety Chauncey Parker. “We are going to continue to do everything in our power to prevent these deaths, but we need help. We need every single parent, caretaker, and role model to impress upon the young people in your life that no thrill and no social media attention is worth dying for. And we especially need young people to speak up to their friends before it’s too late. Together, we can and will put an end to this.”

“Riding outside or on top of a moving train is extremely dangerous, it is illegal, and it has repeatedly proven to be lethal,” said NYPD Interim Commissioner Thomas G. Donlon. “The NYPD will continue to do everything possible to stop this reckless behavior — but it starts with sound decision-making. Our message to New York City’s young people is clear: There is nothing cool about senselessly losing your life. Be smart, be safe, and always ride inside the train.”

“Let us be clear: subway surfing is not a harmless thrill. When children engage in subway surfing, they die. Every loss of a young life to this extremely dangerous activity rips a hole in our city and in our communities, and leaves only grief for the loved ones left behind,” said Public Schools Chancellor Aviles-Ramos. “New York City Public Schools is united with our partners across city and state government in the effort to ensure every child understands the genuine dangers of riding outside of the train. A moment’s adventure is not worth your limbs, your life, or your future. It’s crucial that our children understand that the choice of a moment is a decision that they may never have the opportunity to take back. We believe the voices of our students are our best and most effective communicators, which is why we partnered with the young creative minds of our classrooms in developing the original ‘Subway Surfing Kills: Ride Inside, Stay Alive’ campaign — created by students, for students — which we’ve backed up with trainings alongside the MTA directly in our schools in hot spot areas. New York City Public Schools is committed to getting this simple truth out to our students: subway surfing kills.”

In addition to the increased enforcement, New York City is continuing to highlight the “Subway Surfing Kills – Ride Inside, Stay Alive” campaign launched by Mayor Adams, Governor Hochul, and the Metropolitan Transit Authority in September 2023. This comprehensive, multi-channel public information campaign in partnership with the New York City Public Schools, the NYPD, and the New York City Department of Youth and Community Development was designed for and was created by New York City teenagers — putting the youth voice front and center in a peer-to-peer effort to deter this dangerous behavior among young people. The campaign’s electronic fliers were disseminated at all 1,800 New York City Public Schools locations. Additionally, anti-subway surfing posters and palm cards were distributed to schools in proximity to the J, M, Z, and 7 train lines, which garner the most subway surfing complaints.

“Subway Surfing Kills – Ride Inside, Stay Alive” includes public service announcements in stations recorded by students; digital signage across stations; student-created graphics and animations; posters and banners across stations and distributed in schools; physical palm cards distributed at schools and in stations; school swag including planners, pens and pencils, notepads, and sticky notes; social media posts across platforms, including TikTok, Instagram, and YouTube in the form of posts, reels/shorts, and influencer collaborations; distribution of new student MetroCards accompanied by a “Subway Surfing Kills – Ride Inside, Stay Alive” palm cards; and anti-surfing messages on the back of some MetroCards for sale in subway station MetroCard vending machines. Meta, Google, and TikTok also made space available on their platforms to help amplify the new messaging campaign. Through a partnership with New York Governor Kathy Hochul’s office, Google also made space available for the campaign to play on YouTube.

In February, Mayor Adams also announced a lawsuit against social media companies for the negative impacts they have had on young people.  The lawsuit cited subway surfing as one of the examples. The lawsuit — filed in California Superior Court by the City of New York, the DOE (the largest school district in the nation), and NYC Health + Hospitals (the country's largest public hospital system) — seeks to hold the companies operating TikTok, Instagram, Facebook, Snapchat, and YouTube accountable for their role in creating the youth mental health crisis in New York City. The lawsuit alleges that companies intentionally designed their platforms to manipulate and addict children and teens to social media applications.

“Under Mayor Adams, we have engaged in unprecedented work to protect our children from the pitfalls of social media,” said State Assemblymember Jenifer Rajkumar.  “In Albany I helped pass the SAFE for Kids Act to end addictive feeds that lure in children, and we filed a historic lawsuit against social media companies for the health threat they pose. Subway surfing is one of the most tragic and vivid examples of social media’s hazards. This disturbing social media trend has taken the lives of at least six people in 2024 alone. Our new life-saving tech intervention is cracking down on this dangerous activity happening every day. Utilizing 911 data, we are deploying field teams and drones to catch subway surfers before they are killed or critically injured—already saving 106 people from unspeakable tragedy. Together, we will end toxicity on social media and make subway surfing history.”

Governor Hochul Celebrates Opening of 84 New Affordable Homes in Sunset Park

 

Affordable Housing Development for Seniors and Older Adults Contains Community Facility Space for Pre-K Programming

Sustainable Project Builds on Governor’s Commitment to Affordable Mixed-Use Development Statewide

Governor Kathy Hochul celebrated the completion of Sunset Ridge, an 84-unit, affordable housing development for seniors and older adults in Sunset Park, Brooklyn. The energy-efficient development, which also houses a new education space, will preserve historic decorative elements from a church that used to be on the site and is the first affordable older adult housing built in Sunset Park in over 15 years.

“Sunset Ridge is the embodiment of a multi-generational and community-centered development — one that incorporates the neighborhood’s history with the need for growth and sustainability,” Governor Hochul said. “By investing in new mixed-use projects, we are unlocking a future that is more affordable and more livable, opening up new opportunities for communities to thrive.”

The entire $65 million development is reserved for persons aged 62 and older earning up to 50 percent of the Area Median Income. All units are supported by project-based vouchers, ensuring tenants pay no more than 30 percent of their income on rent. Reflecting a strong commitment to address housing insecurity among the city’s most vulnerable, 26 apartments are set aside for formerly homeless seniors who will receive social services including emergency assistance, recreational activities, case management, wellness support and benefits assistance.

The ground floor and first floor of the new building includes a community facility space for five pre-kindergarten classrooms that will be constructed by the New York City Schools Construction Authority starting in 2025, enhancing access to early childhood education for local families.

Governor Hochul is committed to addressing New York’s housing crisis and making the State more affordable and more livable for all New Yorkers. As part of the FY25 Enacted Budget, the Governor secured a landmark agreement to increase New York’s housing supply through new tax incentives for Upstate communities, new incentives and relief from certain state-imposed restrictions to create more housing in New York City, a $500 million capital fund to build up to 15,000 new homes on state-owned property, an additional $600 million in funding to support a variety of housing developments statewide and new protections for renters and homeowners. In addition, as part of the FY23 Enacted Budget, the Governor announced a five-year, $25 billion Housing Plan to create or preserve 100,000 affordable homes statewide, including 10,000 with support services for vulnerable populations, plus the electrification of an additional 50,000 homes. More than 45,000 homes have been created or preserved to date.

The FY25 Enacted Budget also strengthened the Pro-Housing Community Program which the Governor launched in 2023. Pro Housing Certification is now a requirement for localities to access up to $650 million in discretionary funding. To date, more than 160 communities have been certified, including the City of New York.

NYS Comptroller DiNapoli Named Lead Plaintiff in Crowdstrike Shareholder Lawsuit

 

New York State Comptroller Thomas P. DiNapoli, as trustee of the New York State Common Retirement Fund (Fund), has been appointed lead plaintiff in a securities fraud class action lawsuit filed against the global cybersecurity company Crowdstrike Holdings Inc.

The suit filed against Crowdstrike, its chief executive officer and chief financial officer, centers on false statements made by the defendants regarding quality assurance leading up to the July 19, 2024, worldwide IT outage caused by the Austin, Texas-based company’s failed software updates and resulting plummet in share value.

“Crowdstrike misled investors by falsely touting its safeguards and quality assurance,” DiNapoli said. “Its actual failure to meet industry standards and deficient software testing and security processes were exposed after it caused one of the largest cyber-disasters in history leading to a worldwide shutdown and billions in losses to investors. As lead plaintiff, we look to hold company leadership accountable for misleading investors. Moreover, this action may present opportunities for corporate governance reforms to strengthen the company and protect shareholder value.”

The class in this action will be represented by Bernstein Litowitz Berger & Grossman and local Texas counsel Martin & Drought.

The Fund held shares of Crowdstrike valued at approximately $72 million as of Sept. 30, 2024.

Court Documents:

DiNapoli Lead Plaintiff Motion

Order Appointing DiNapoli Lead Plaintiff