The Council will also vote on legislation to end the exploitation of previously incarcerated individuals reentering the workforce
City Hall, NY – After a particularly devastating year for construction worker deaths in New York City, the Council today will vote on a package of bills building on efforts to reduce construction-related injuries and fatalities. The first bill would require additional site safety supervision at major building construction sites, requiring a designated full-time construction superintendent who would be responsible for safety and code compliance, along with overall management of the construction project. The superintendent would be in addition to a site safety coordinator or site safety manager.
A second bill would lower the threshold for a major building construction site to include those that involve existing or proposed buildings seven or more stories, or 75 feet or more, in height. This would trigger additional site safety requirements for more construction sites. A third piece of legislation would prohibit the installation and use of dangerous stand-off brackets for suspended scaffolding work and would also eliminate certain required final inspections of temporary construction equipment in order to streamline the sign-off process for permits. Lastly, a fourth bill would amend certain existing requirements and establish new requirements for the use of cold-formed steel light-frame construction. The bill would amend special inspection requirements for their use, additionally creating new requirements for the installation of cold-formed steel light-frame construction, the installation of decking on cold-formed steel light-frame construction, and the use of such framing and decking during construction and demolition.
Another bill before the Council today concerns one of the many obstacles formerly incarcerated individuals face when reentering the workforce: the abusive nature of “body shops.” Body shops are non-union labor brokers in the construction industry that often exploit recently released individuals under parole supervision, which allows them to pay lower wages and disregard the safety of employees. The bill before the Council today would require businesses that supply employees to clients for construction work, in exchange for compensation, to be licensed. Applying for a license would require signed statements and select information on business operations, and each covered business would have to supply their workers with a series of notices on their rights as workers covered by this bill, training and certifications the employees would need to perform their work duties, and information on the employees’ work assignments. Developers would also receive these notices and could be subject to civil penalties if they use the services of an unlicensed labor broker. Importantly, employees of the businesses subjected to a violation of the bill’s subchapter would be able to initiate a private right of action against their employers for violations of the bill, including for retaliation.
Pertaining to New York City’s ongoing pandemic recovery, the Council will vote on legislation that would require the Department of Education to post a weekly report on its website with information on each school’s student attendance, COVID-19 student vaccination, COVID-19 student testing consent forms, and student quarantine due to COVID-19 exposure. A related bill would similarly require the Department of Education to post a weekly report on its website regarding the spread of COVID-19 within City schools, including the number of COVID cases broken out by student, teacher, staff and administrator for each school and the percentage of vaccinated persons broken out by student, teacher, staff, and administrator for each school.
The Council will also vote on a bill that would regulate the use of automated employment decision tools such as algorithmic methodologies to filter candidates for hire or to make any other employment decisions. The legislation would prohibit the sale of such tools if they were not audited for bias in the past year prior to sale, and if they were not accompanied by a notice that the tool is subject to these provisions. Additional requirements would include that anyone using automated employment assessment tools for hiring and other employment purposes must disclose to candidates, within 30 days, when such tools were used to assess their candidacy for employment, and the job qualifications or characteristics for which the tool was used to screen.
To better protect the rights of individuals in homeless shelters, especially their rights around shelter transfers, the Council will vote on two related pieces of legislation. The first bill would require the Department of Homeless Services to inform homeless shelter residents of their right to appeal any transfers between homeless shelters and related facilities, including the procedures for such transfer appeals and the department’s current transfer policy. This information would be communicated via signs that must be clearly displayed at all shelters and related facilities. The second piece of legislation would require the Department of Homeless Services to provide written notification to shelter residents at least 48 hours prior to any non-emergency shelter transfer, at least including a detailed summary of the reasons for the transfer and identification of the entity ordering the transfer.
The Council will also vote on legislation to amend the City’s data breach notification laws to align them with requirements in New York’s SHIELD Act, thus enhancing protections of private information with a robust City response to data breaches going forward. Under this bill, local data breach notification laws would codify the roles of The Office of Cyber Command, the Department of Information Technology & Telecommunications, and the Chief Privacy Officer in working together to respond to these incidents.
Restoring public and consumer access to previously accessible water account information, the Council will vote on a bill that would require the Commissioner of Environmental Protection to create a searchable online database through which anyone who registers and pays a periodic subscription fee may access information relating to water meters. Such information will include, but not be limited to, water meter billing data and balances, consumption usage and technical information about the water meter.
To remove a burdensome and cost prohibitive element in construction projects, the Council will vote on a bill that would limit the number of replacement trees that are required by the Department of Parks and Recreation to be planted by individuals and/or entities that lawfully remove trees during construction projects in certain lower density residential districts.
Finally, the Council will vote on several land use and finance items.
HOUSING AND BUILDINGS
Prohibits stand-off brackets
Int. No. 2262-A, sponsored by Council Member Robert Cornegy, will eliminate this final inspection requirement for such temporary construction equipment, streamlining the sign-off process for permits issued in connection with that equipment.
The New York City Construction Codes require that the Department of Buildings (“DOB”) or a registered design professional perform a final inspection upon the completion of work in all cases where permitted work does not require the issuance of a certificate of occupancy. The purpose of these inspections is to confirm that the work is in compliance with construction documents approved by DOB. These final inspections are required even for temporary construction equipment, such as sidewalk sheds, construction fences and scaffolds. These final inspections occur after that equipment has been removed, and are not a good use of resources for DOB or for building owners, who hire registered design professionals to perform such inspections.
“Construction materials are changing and so we must adapt to the current environment, said Council Member Cornegy. “As Chair of the Housing and Buildings Committee, I am dedicated to both safety and streamlining City procedures. I am proud to introduce this suite of bills which address both.”
In 2019, DOB issued Buildings Bulletin 2019-006, prohibiting the installation or use of a stand-off bracket, after identifying their use as a contributing factor in suspended scaffolding incidents that year. Since then, DOB has determined that the use of stand-off brackets is not safe. The bill also will codify the prohibition against installing or using stand-off brackets.
Section one of this local law, relating to final inspections for temporary construction equipment permits, would take effect 180 days after becoming law, and sections two and three of this local law, relating to stand-off brackets, would take effect immediately.
Requires safety managers to ensure safety
Int. No. 2276-A, sponsored by Council Member Francisco Moya, will build on efforts to reduce construction-related injuries and fatalities by requiring additional site safety supervision at major building construction sites.
In addition to requiring a full-time site safety coordinator or site safety manager, who will serve as a dedicated safety monitor at such sites, such sites would also be required to designate a full time construction superintendent, who will be responsible for safety and code compliance, along with overall management of the construction project.
“We’ve seen too many times and for far too long workers’ lives be put at risk of injury or worse death across construction sites. This bill is another opportunity to enforce and advance construction safety and ensure that we are not only making bad contractors accountable but that safety is being prioritized. I want to thank the Speaker and my colleagues for supporting the lives and safety of the public and our brothers and sisters in labor,” said Council Member Francisco Moya.
Among other changes, this bill provides that a construction superintendent may only serve as a construction superintendent for one job if that job is a major building job. This bill also establishes limits on the number of non-major building jobs that a construction superintendent may serve on at one time, with a multi-year phased in timeline for this change beginning June 1, 2022 until January 1, 2026. Beginning January 1, 2026, construction superintendents must be present at the job site for which they are responsible during all times when active work is occurring, or a competent person must be present when the construction superintendent is not. Where more than one site safety manager is designated for a job site, the primary site safety manager is responsible for carrying out all duties and responsibilities assigned to site safety managers by chapter 33 of the New York city building code.
In 2017, the New York City Council enacted Local Law 196, requiring safety training for workers and supervisors at larger construction sites. In 2018, the Department of Buildings consolidated the existing Building Enforcement Safety Team, Excavation and Interior Demolition Unit, and Scaffold Safety Unit into a new Construction Safety Compliance Unit (“CSC”). The CSC conducts proactive, unannounced inspections of larger construction sites, including those required to designate a construction superintendent, site safety coordinator, or site safety manager. In 2019, construction-related injuries decreased over 20% compared to the previous year.
This local law would take effect on the same date as the recent Construction Code revision bill, as proposed in Int. No. 2261-A for the year 2021.
Relates to cold-formed steel
Int. No. 2264-A, sponsored by Council Member Cornegy, will amend the special inspection requirements for cold-formed steel with respect to bracing. The bill will also create new requirements for cold-formed steel light-frame construction, for the installation of decking on cold-formed steel light-frame construction, as well as the use of such framing and decking during construction or demolition operations.
Cold-formed steel is formed through near-room temperature processes, as opposed to structural steel, which is formed using molten iron. According to the Department of Buildings, cold-formed steel is commonly used in construction, and is safe, reliable, and cost-effective, however, like all steel construction, it must be used properly.
Overloading and the improper installation of cold-formed steel can result in injury and property damage. As such, in 2019, DOB issued Buildings Bulletin 2019-011 to highlight requirements specific to the erection of cold-formed steel light-frame construction for special inspectors, construction superintendents, general contractors, design professionals, and permit holders. DOB also conducted outreach to the construction industry to warn the industry of the dangers associated with overloading and improperly installing cold-formed steel and to highlight the best practices with respect to cold-formed steel construction. To further improve the safety of cold-formed steel construction, this bill builds upon such Buildings Bulletin and DOB outreach by creating new requirements for cold-formed steel light-frame construction, the installation of decking on cold-formed steel light-frame construction, as well as the use of such framing and decking during construction or demolition operations.
This local law would take effect on the same date as the recent Construction Code revision bill, as proposed in Int. No. 2261-A for the year 2021.
Defines major building
Int. No 2263-A, sponsored by Council Member Cornegy, seeks to build on efforts to reduce construction-related injuries and fatalities by lowering the threshold for a major building construction site, and thereby subjecting more construction sites to DOB’s heightened safety requirements. Previously, “major buildings” were defined as construction sites that involve existing or proposed buildings 10 or more stories or 125 feet or more in height. This bill would lower those thresholds to seven or more stories or 75 feet or more in height, respectively. Lowering these thresholds would trigger additional site safety requirements for more construction sites, including that such sites submit Site Safety Plans to DOB for review and approval, and by requiring a full time site safety coordinator or site safety manager at such sites.
In 2017, the New York City Council enacted Local Law 196, requiring safety training for workers and supervisors at larger construction sites. In 2018, the Department of Buildings (DOB) consolidated the existing Building Enforcement Safety Team, Excavation and Interior Demolition Unit, and Scaffold Safety Unit into a new Construction Safety Compliance Unit (CSC). The CSC conducts proactive, unannounced inspections of larger construction sites, including those required to designate a construction superintendent, site safety coordinator, or site safety manager. In 2019, construction-related injuries decreased over 20% compared to the previous year.
This local law would take effect three years after becoming law, and would apply to permits issued or renewed on or after such date.
CONSUMER AFFAIRS AND BUSINESS LICENSING
Licenses construction labor providers
Int. No. 2318-A, sponsored by Diana Ayala, will license construction businesses that employ workers for minimum wage while supplying their labor to real estate contractors at a profit. These “body shops” often target formerly incarcerated persons of color who would otherwise struggle to find work, but need work in order to satisfy the terms of their parole agreements. The business model of body shops has been analogized to the forced labor of incarcerated – often Black – individuals in the South, known as “convict leasing”.
“The lack of oversight of labor brokers has allowed companies to take advantage of New York City’s most vulnerable populations. Intro 2318, would increase transparency in an industry that has gone unregulated for far too long and put an end to a system of exploitation,” said Councilmember Ayala.
Candidates are often referred to body shops by well-meaning organizations that help justice-affected individuals find work. But once engaged with a body shop, these individuals become part of a power imbalance that results in unfavorable and sometimes dangerous working conditions. Construction & General Building Laborers’ Local 79, which advocated for this bill, has reported body shop workers’ accounts of inadequate safety protocols on worksites, missing personal protective equipment, insurance fraud and sexual harassment. Because these workers need jobs to comply with their parole agreements, or are otherwise vulnerable by virtue of immigration status or economic hardship, perilous conditions like these go uncorrected for fear of retaliation.
This bill would require body shops and other businesses that meet the following conditions to obtain a license from DCWP:
· Employs workers for the performance of construction work or manual labor
· Supplies these workers to perform construction jobs* for third party clients (*handyman work would be excluded)
· On a construction site in the City and for compensation
· Construction contractors and subcontractors and other, related employment models licensed by the State would not be subject to this bill.
The license term would be no more than two years and the application fee would be $200.
Businesses would be required to submit certain information as part of their license application. This information is specifically targeted to address some of the egregious behaviors that are rife in the construction labor industry (not maintaining legally required insurance policies or providing unlivable, low wages and benefits). Required information includes:
· Signed statements that they have complied with laws, rules and regulations applicable to their business; that there are no outstanding final judgements or warrants against the business for violations of the bill; and that the applicant maintains minimum commercial liability, workers’ compensation, disability and unemployment insurance.
· The amount of covered workers; average hourly wage and benefits provided; and the names and work sites of clients during the previous license term. This is required upon renewal for all applicants and as part of the initial application for subject businesses operating as of the bill’s enactment date (Section 2).
The bill provides grounds for denial, suspension or revocation of a license if any of the information provided above is false.
Licensees would also be required to supply their employees with the following notices designed to educate the workers about their rights, their training obligations and their upcoming work assignments:
Notice of rights, containing information on: minimum wage, overtime, safe and sick leave, health and safety in the workplace, protections against employment discrimination, unemployment insurance, workers’ compensation, and the rights to notices and to be free from retaliation under this bill.
Certification notice, containing information on: the trainings, certifications and designations that would be legally required of the applicant, how much they would cost, and who bears the cost.
Notice of assignment, containing information on: the name and address of the contractor they will be working for; the worksite address; nature of the work to be performed and the types of equipment and protective clothing required for the assignment; the anticipated number of work hours; the wages offered and who would pay for any benefits provided; workers’ compensation coverage; and whether a meal and equipment would be provided for the assignment and the expected cost to the worker. This would have to be provided in advance of the job unless the job is offered on short notice.
Body shop workers are protected from retaliation if they avail themselves of this bill’s protections, and may initiate a private right of action for damages and relief to make them whole. Body shops and their clients are subject to penalties in this bill, if, for example, clients hire an unlicensed body shop or body shops fail to provide the required worker notices. Clients are also held accountable for working with body shops, by receiving copies of worker notices provided.
Section 1 of this bill would take effect in 180 days. Section 2 would take effect immediately.
Relates to data breaches
Int. No. 2410-A, sponsored by Selvena Brooks-Powers, will help ensure that our local data breach notification law is consistent with State law by making several changes to more closely align our Administrative Code provisions with Section 208 of the State Technology Law.
Data breaches have become ever more frequent, and it is vital to notify individuals whose data has been impacted. In July 2019, the New York State SHIELD Act was signed into law, substantially amending the data breach notification laws for both private and public entities. State Technology Law (STL) Section 208(10) requires that the City have a data breach notification policy or local law that is consistent with the State law.
Additionally, this bill would update our local data breach notification laws to more accurately reflect the entities that respond to data breaches affecting the City. The Office of Cyber Command, DoITT, and the Chief Privacy Officer work closely together in responding to these incidents, and this bill reflects and codifies those roles.
This bill would make our local data breach notification law more protective, ensure a robust City response to data breaches going forward, and ensure the City is aligned with State law.
Reports on school attendance and data related to COVID-19
Int. 2426-A, sponsored by Council Member Mark Treyger, will require the Department of Education (DOE) to publicly post, daily, on their website attendance data aggregated citywide and disaggregated by school for the previous day and previous week. The DOE is also required to publicly post, every two weeks, in the aggregate and disaggregated by school:
· the number of students partially vaccinated for COVID-19 in attendance;
· the number of students fully and partially vaccinated for COVID-19;
· the number of COVID-19 testing consent forms received from families;
· the number of consent forms withdrawn; and
· the number of unvaccinated students required to quarantine because of exposure in school to an individual who tested positive for COVID-19.
The data, to the extent such information is collected, will be disaggregated by grade level, gender, race or ethnicity, individualized education program status, English language learner status, status as a student residing in shelter and status as a student in temporary housing that is not a shelter.
This bill would take effect immediately after it becomes law, with the attendance data reporting beginning 15 days thereafter and the second tranche of information reporting beginning 30 days after the bill becomes law. The law would remain in effect until June 30, 2023, when it would be deemed repealed.
Reports on COVID-19 within schools
Int. No. 2427-A, sponsored by Council Member Treyger, will require the Department of Education to report on its website, every two weeks, positive COVID-19 cases among administrators, teachers, students and other school staff in every DOE school. The reporting would also include which schools have been closed due to COVID-19 and the number of classrooms that have been closed due to COVID-19.
The DOE would also be required to report on the number of administrators, teachers, students, and other school staff who have been fully and partially vaccinated for COVID-19. The student reporting metrics would, to the extent such information is collected, is to also report on a monthly basis in a disaggregated way by grade level, gender, race or ethnicity, individualized education program status, English language learner status, status as a student residing in shelter and status as a student in temporary housing that is not a shelter.
This bill would take effect immediately after becoming law, with the first report due 15 days thereafter and the first report on student disaggregation information is due 30 days after the bill becomes law. The law would remain in effect until June 30, 2023, when it would be deemed repealed.
Requires signage on homeless shelter transfers
Int. No. 1232-A, sponsored by Council Member Stephen Levin, will require the Department of Homeless Services to create a sign and other relevant materials that inform residents of homeless shelters of various rights related to shelter transfers, including the right to request an agency conference and a fair hearing to challenge the adequacy of their shelter placement. Such signs must be displayed conspicuously at all homeless shelters and related facilities. Such signs must also be available on DHS’ website in each of the designated citywide languages.
The bill would take effect 90 days after it becomes law.
Provides written notices on shelter transfers
Int. No. 1233-A, sponsored by Council Member Levin, will require the Department of Homeless Services to provide written notification to shelter residents at least 48 hours prior to any non-emergency shelter transfer. The notification would include a detailed summary of reasons for the transfer, the name and address of the shelter the client is being transferred to, and language about how a client can obtain a copy of their case record. The legislation would also require that the same information be provided to clients affected by emergency transfers no later than 48 hours after the emergency transfer. The legislation would require DHS to submit an annual report on the number of emergency transfers and non-emergency transfers, disaggregated by the shelter type and the reason for transfers.
“The vote on today’s bills to improve the shelter transfer process (Intros 1233 and 1232), is monumental and will expand access to information, resources and planning for people living in city shelters. For years, I have heard from residents who were told to pack up their stuff because they are leaving their shelter at any minute. With no warning; no idea where they are going; and no idea why they are being moved or what will happen to their belongings.
This issue hit a breaking point this summer during the pandemic, when harmful and disruptive transfers from hotels became the norm. Without notification, support or planning, transfers cause significant anxiety and confusion and only further destabilize New Yorkers at a time when they are vulnerable. Intros 1233 and 1232 will provide stability and greater support for residents in shelters and enable them to plan ahead when a transfer happens, so that things like their job, childcare plans, and healthcare treatment aren’t negatively impacted. Of note, Intro 1233 will require a 48 hour notification period before transfer and that a transition plan be issued for a person’s housing and healthcare documents, so they no longer need to restart applications every time they move shelters.
The passage of these bills would not be possible without the tireless advocacy of current and formerly homeless New Yorkers, community organizations, and the support of Speaker Corey Johnson. I thank them for their steadfast commitment to the wellbeing of our unhoused neighbors and a more just welfare system for all,” said Council Member Stephen Levin.
The bill would take effect 180 days after it becomes law.
PARKS AND RECREATION
Relates to tree removals
Int. No. 957-A, sponsored by Council Member Joseph Borelli, will limit the number of replacement trees that are required to be planted by the Department of Park and Recreation (DPR), by individuals and by entities that lawfully remove trees during construction projects in certain lower density residential districts. Specifically, the bill would require that the number of caliper inches of replacement trees be no greater than two times the number of caliper inches removed in R1, R2 and R3 zoning districts.
“I love trees, and we all want as few trees as possible removed from New York City’s streetscape,” said Council Member Borelli. “However, no one from the Parks Department could ever explain to me how it was anything but extortion to charge middle class families upwards of $100,000 at times, all the while the Department never seemed to get much planting done with the restitution money, itself. I recognize many members’ and the speaker’s commitment to the environment, and applaud them for looking at this bill very rationally.”
Local Law 3 of 2010 established a process for the lawful removal and replacement of City-owned trees. Pursuant to that law, DPR requires a person or entity who applies to remove a tree (typically for construction purposes) to replace the tree or to pay DPR to plant the number of replacement trees that DPR determines are necessary. Sometimes, the number of trees that DPR requires to replace the removed tree are viewed as burdensome and cost prohibitive to those persons or entities who apply for the tree removal.
This local law would take effect 180 days after it becomes law.
Relates to the automated employment decision tools
Int. No. 1894-A, sponsored by Majority Leader Laurie Cumbo, will require that a bias audit be conducted on automated employment decision tools prior to the use of such tools in connection with screening candidates for employment or employees for promotion within New York city. A summary of the bias audit shall be publicly available.
The legislation would also require that candidates or employees that reside in the city be notified about the use of such tools in the assessment or evaluation for hire or promotion, as well as be notified about the qualifications and characteristics that will be used by the automated employment decision tool in the decision-making process. Candidates or employees would also be permitted to request certain additional information about such tool. Violations of the provisions of the bill would be subject to a civil penalty.
Automated employment decision tools use machine learning, artificial intelligence, and other processes to assist employers in evaluating candidates for hire or promotion.
Often, employers may be unaware of automated employment decision tools’ internal mechanics and the potential for such tools to produce assessments that replicate various forms of bias within labor markets. In order to evaluate such tools prior to use, the disclosure of the summary of a bias audit, by an independent auditor, could serve to prevent the use of tools with implicit biases. The legislation should protect NYC residents from bias and promote equal opportunities regardless of their gender or skin color.
This local law would take effect on January 1, 2023.
Creates a water account database
Int. No. 2168-A, sponsored by Council Member Justin Brannan, will restore access to information previously accessible via a DOF database that was eliminated at the creation of MyDEP in 2019. This bill would require the Commissioner of Environmental Protection to create a searchable online database through which anyone who registers and pays a periodic subscription fee may access information relating to water meters, with the exception of 1 to 3 family homes. Such information will include, but not be limited to, water meter billing data and balances, consumption usage and technical information about the water meter.
Article XI Property Tax Exemptions
Culver El Phase One, in Council Member Brad Lander’s district, will receive a three-year extension of its existing full exemption to support the new construction of 36 affordable condo units.
55 Summit, in Council Member Brad Lander’s district, will receive a full 40-year exemption to support the new construction of 5 affordable coop units.
Revive 103, in Council Member Diana Ayala’s district, will receive a partial 40-year exemption to support the preservation of 59 affordable rental units.
TMN 1002- West Harlem Renaissance- UDAAP/Article XL– New York City Department of Housing Preservation and Development (NYC HPD), seeks an Urban Development Action Area Project (UDAAP) designation and project approval, and an Article XI tax exemption, for the disposition of City-owned land to facilitate the preservation of 2 buildings, including 51 affordable rental units and two commercial spaces. The properties will be conveyed to West Harlem Renaissance Housing Development Fund Corporation and substantial rehab work will be completed by Infinite Horizons LLC and FG-PH Corp HPD’s Multifamily Preservation Loan Program. Upon transfer of all of the properties, the Sponsor will enter into a forty (40) year Regulatory Agreement that includes affordability restrictions for the duration of the agreement.
The buildings require substantial rehabilitation, as there are proposed layout changes and major system upgrades. After rehabilitation, the two buildings will contain 51 affordable rental residential units, including 45 that are currently vacant and 7 that are currently occupied at 101 W. 141st Street, and 9 that were previously occupied by tenants at 121-23. Vacant units will be rented to tenants earning between 50 and 100% AMI. Eleven units will be set aside for homeless referrals in Council Member Bill Perkins’ district.
624 Morris Avenue – 624 Morris B, LLC requests a zoning map amendment from R7-1 to R7-1/C1-4 to legalize commercial use for a segment of Morris Avenue and permit site modifications to the ground floor of 624 Morris Avenue (Block 2411, Lot 1; the “Development Site”). In addition to the Development Site, six adjacent lots (Block 2411, Lots 1, 4, 5, 6, 7, 8, 9; the “Project Area”) along the eastern side of Morris Avenue between East 153rd and East 151st Street would be included that are not under ownership or control of the Applicant. In 1961, when the current New York City zoning resolution went into effect, the project area was zoned R6/C1-4. In 1970 the zoning for the project area changed to R7-1/C1-4 and in 1973 the commercial overlay was eliminated and the existing ground floor commercial uses became legal non-conforming uses. While the existing commercial uses remained legal, the elimination of the overlay prohibited owners from expanding commercial use to other parts of the building. The ground floor of 624 Morris Avenue had a small store in the front and living quarters at the rear of the store in 1973, which was converted into a restaurant in 1999, illegally extending the commercial use into what had been living quarters. The work was done without an alteration permit from DOB, and a violation, that still remains active, was recorded against the property. Extending the C1-4 overlay to 624 Morris Avenue and the six adjacent lots will allow the longstanding businesses to continue to operate and to legally make small modifications to the existing ground floor commercial uses. No new floor area would be created as a result of the proposed zoning map amendment in Council Member Rafael Salamanca’s district.
1776 48th Street Rezoning – Yitzchok Stern seeks a proposed zoning map amendment from R5 to R6B with related zoning text amendment to establish a Mandatory Inclusionary Housing (MIH) Area on Block 5449, Lots 34 (p/o); 35; 36; 37; 41; 42; and 44, and a proposed zoning map amendment to map a C2-4 commercial overlay on Block 5449, Lots 37, 41, and 42 (p/o). This rezoning would facilitate the development of a new three-story mixed-use commercial and residential building with five two-bedroom dwelling units and ground floor retail uses located at 1776 48th Street (Block 5449, Lot 37). Council has modified this application to reduce the area to be rezoned and the area subject to a commercial overlay in Council Member Kalman Yeger’s district.
270 Nostrand Avenue – BRP East Brooklyn Development LLC seeks a zoning map amendment from R7A to R8A/C2-4 and related zoning text amendment to establish a Mandatory Inclusionary Housing Area designating MIH Options 2 and the Workforce Option. These proposed actions would facilitate the development of a 14-story mixed-use residential and retail building with approximately 343,000 sqf and 487 housing units at the site of the former CABS nursing home. The current zoning on the site is R7A with the Bloomberg-era Voluntary Inclusionary Housing (VIH) program which provides incentive floor area and height for developments that include 20% of floor area affordable at an average of 80 AMI. With the VIH bonuses, R7A permits 4.6 FAR and up to 95’ (9 stories) height. This zoning was mapped as part of the 2012 Bed Stuy North neighborhood rezoning. Council has modified this application to restore the originally proposed R8A/C2-4 designation, which the City Planning Commission had modified to a mix of R7X/C2-4 and R7D districts, and to strike the MIH Workforce option in Council Member Robert Cornegy’s district.
River North – Liberty Towers – Richmond SI Owner, LLC, request approval of a zoning map amendment to rezone an area bounded by Nicholas Street, Richmond Terrace, Stuyvesant Place, Hamilton Avenue and line 185 feet from and parallel to Richmond Terrace and Stuyvesant Place between Hamilton Avenue and Nicholas Street from an R6 district with a C2-2 commercial overlay at a depth 100 feet located within the Special Hillsides Preservation District (“SHPD”) to an R7-3 district with a C2-4 commercial overlay at a depth of 185 feet within the Special St. George District (“SSGD”); as well as rezoning an area bounded by Richmond Terrace, Hamilton Avenue and Stuyvesant Place from an R6/ C2-2 overlay to a R6/C2-4 overlay and to be located within the SSGD. The applicant and Co-Applicant also seek a zoning text amendment to amend Zoning Resolution Appendix F: Inclusionary Housing Designated Areas and Mandatory Inclusionary Housing Area, to establish the Area to be rezoned as a Mandatory Inclusionary Housing Designated Area. The applicant proposes mapping MIH Options 1 and 2. The applicant is also requesting a special permit pursuant to proposed ZR Section 128-62 (Special Permit for Developments in R7-3 Districts within the Upland Subdistrict) that would establish maximum building heights and setback rules, modify rooftop regulations to allow for necessary bulk head and other building equipment, as well as modifications to rear yard requirements and planting area requirements.
The Proposed Development would include three mixed-use residential buildings with a total of 592,014 square feet of floor area — the program would include 625 housing units of which 188 units would be affordable, 7,020 square feet of floor area for retail (a total 18,880 gross square of retail including cellar space); and 331 accessory parking spaces. The three residential buildings would range in heights from a 26-story building located on the southern portion of the Development site at Stuyvesant Place and Hamilton Avenue (“Building 1”); a 25-story building fronting on Richmond Terrace in the middle of the site (“Building 2”) and an 11-story building fronting on Richmond Terrace at the northern end of the site (“Building 3”). The buildings would be separated by natural or landscaped passive open space for the residents of the building through the site. An approximately 7,790 square feet publicly accessible open space that would be accessed from both Hamilton Avenue and Stuyvesant Place is proposed at the corner of Hamilton Avenue and Stuyvesant Place. Council has modified this application to reduce the building heights on the project site from 26 stories on building #1, 26 stories on building #2, and
13 stories on building #3l; to 16 stories, 11 stories, and 13 stories, respectively, in Council Member Deborah Rose’s district.