New Development Review Process Delayed

By Conor Greene

The city has agreed to allow more time for public input before launching its development challenge process, which gives the public 30 days to submit formal objections to construction projects.

Following a public hearing in Manhattan last Friday on the new Department of Building procedures, Commissioner Robert LiMandri announced that the launch date for its implementation has been pushed back to mid-April “to ensure adequate time to consider any public input.”

The new guidelines, announced in February, are intended to “give New Yorkers a stronger voice in the development of neighborhoods, create greater transparency and clarify the process for the public and for developers,” according to a press release issued by the city.

As part of the new process, New York would become the first city in the nation to require that developers place diagrams of new buildings or major alterations online so the public can view the size and scale of a proposed project. In addition, a new 30-day formal public challenge period would be implemented, during which residents could raise objections to a proposed project.

However, it is that aspect of the process that has concerned some elected officials, civic organizations and residents. There is concern that the 30-day window will create a “defacto statute of limitations” that will “actually benefit unscrupulous developers who will simply wait out the clock to avoid community challenges,” according to Councilman Tony Avella (D-Bayside) and others.

“Despite being touted by Mayor Mike Bloomberg and DOB Commissioner LiMandri as empowering the public with greater oversight over new developments, these rule changes will actually diminish the ability of residents to contest new construction,” said Avella at a press conference on the steps of City Hall, where he was joined by Assemblyman James Brennan (D-Brooklyn) and Councilwoman Rosie Mendez (D-Manhattan).

Avella, a mayoral candidate who currently is chair of the City Council’s Zoning and Franchise Committee, implored the DOB to “scrap this entire plan in its current form and go back to the drawing board.”

Brennan ripped the DOB and city for restricting public zoning complaints, an action he called “indefensible.” He is also concerned that “muzzling the public will encourage developers to submit noncompliant plans” knowing they can proceed with impunity once they get through the one-month threshold. “The public has every right to challenge zoning legality or building safety at any point in the building process,” he said, adding that the DOB must include local community boards in the process and require community notification.

Councilwoman Mendez credited the DOB with providing the public with “long-awaited online access to building plans and zoning diagrams” but agreed that the DOB shouldn’t limit the public’s ability to challenge development. “These rules have far-reaching consequences for our city and should not be implemented without adequate deliberation.”

Moreover, Avella took the opportunity to rip the “shameful” way in which DOB attempted to implement the new process, noting that the department had intended to hold a public hearing last Friday and enact the rules changes this past Monday. “This demonstrated that DOB has absolutely no intention of ever listening to the public’s comments and taking them into consideration,” he said, vowing to formulate legislation “to ensure that the public has greater opportunity to comment in any future agency rule changes.”

The call to allow more time for public input before enacting the new rules was echoed by the Queens Civic Congress, which represents 110 neighborhood groups across Queens.

“The proposal, if adopted unchanged, clearly creates an immunity for the building community” through the 30-day requirement, the group argued in a press release. The group “strongly recommends the DOB reform the proposed changes to avoid what must be an unintended consequence – that would perpetuate illegal and often hazardous development.”

The new proposal also concerns Robert Holden, president of the Juniper Park Civic Association, which has made fighting over-development and unscrupulous developers a priority. “Once again, the deck is stacked against the community. We have absolutely no confidence in the DOB nor do we trust that they are really trying to protect our neighborhoods from greedy developers,” he said. “Their bark is much worse than their bite.”

Katz Fundraising Request is Denied by CFB

Real Estate Contributions Will be Restricted in December

By Conor Greene

During her time as chair of City Council’s influential Land Use Committee, Melinda Katz has raked in hundreds of thousands of dollars in campaign contributions from members of the real estate industry. Since deciding to run for comptroller two years ago, she has raised more than two million dollars, outpacing her three opponents.

However, starting in December, the amount that members of the real estate industry can contribute to politicians will be severely curtailed due to a change in the city’s campaign finance laws. That means Katz’s ability to pull in money for a runoff election during the Democratic primary – which would take place if none of the candidates received at least 40% of the vote – would be reduced significantly.

To avoid the possibility of having to amass a war chest for a runoff without being able to fully leverage the real estate industry, Katz recently asked the city Campaign Finance Board to allow her to establish an account now that would be set aside in case of a runoff. That means that industry members who have already contributed $4,950, the maximum allowed by law, could give another $2,475 for a runoff effort. Under the new law taking effect in December, those contributions will be limited to just $200.

In a letter to CFB Chairman Joseph Parks, the Katz campaign predicted the battle for the comptroller’s position “will be a highly competitive race.” Currently, three other elected officials – Councilman David Weprin, Councilman David Yassky and Assemblyman Jim Brennan – have formally declared their candidacy, and Bronx Borough President Adolfo Carrion has publicly stated his intention to seek that position.

In the June 30 letter to CFB, Katz’s treasurer Ronald Kaye, argues that a runoff “can be reasonably anticipated” due to the number of candidates currently running, the amount of money collectively raised so far, the lack of public polling in comptroller’s races until late in the primary process and the fact that incumbent William Thompson, Jr. can’t run again due to term limits.

“Councilwoman Katz believes that one of the most important aspects of the campaign finance program is that it encourages candidates to continue to focus on raising matchable contributions from New Yorkers early in the process, so that they can get that responsibility out of the way and concentrate on meeting with voters and debating the issues as the election draws near,” wrote Kaye.

“If there is a runoff election for Comptroller, which would surprise few political observers, the compressed time period after the primary would best be spent on debating and discussing the issues, not scrambling for last minute dollars."

Last Thursday, the CFB decided that “based on the information now available… a runoff election in the Democratic Party primary is not ‘reasonably anticipated’ at this time.” It notes that candidates “may submit another request” in the future if the race has “sufficiently evolved to enable them to demonstrate with concrete evidence that a runoff is ‘reasonably anticipated.’”

The decision, available on the CFB’s website, calls the prospect of a runoff “highly speculative” and argues that allowing a candidate to collect funds ahead of time would “actually undermine some core purposes of the Campaign Finance Program.”

It notes that the board has never decided that a runoff is reasonably anticipated more than a year before the election. The earliest it has done so was in February 2001 during the mayoral Democratic primary between Mark Green and Fernando Ferrer. The decision also points out that “no documentation of the history of runoff primaries for the Democratic comptroller primary, polling information or press reporting was presented to the board to support the request.”

According to the latest filings with the CFB, it’s clear that the comptroller’s race is attracting a lot of attention from donors. Katz leads the field with $2.1 million raised, followed by Weprin, with $1.8 million, Yassky, who has raised $1.3 million and Brennan, at $492,203. Carrion has raised $1.7 million, according to the CFB.

Katz’s comptroller campaign did not respond to a message seeking comment on the request or the CFB’s decision. However, at least one of her opponents is convinced that the new law limiting real estate contributions was the reason behind the request.

“Obviously, the request was premature, and we applaud the board for recognizing that,” said Yassky’s spokesman Doug Forand. “The context of this request is troubling and appears to be an effort to expand the ability for individuals to give money now who are going to be precluded from making those donations in the near future. There is plenty of time after these rules are put in place for someone to raise money should there be a runoff, so that argument doesn’t hold water as far as we’re concerned.”