A New York State Supreme Court judge has dismissed a legal challenge from members of the City Council’s Common Sense Caucus against three housing-related measures set to appear on the November ballot. The measures are designed to streamline housing construction in New York City. The lawsuit, filed last month, claimed the proposals would mislead voters and called for an environmental review before the questions could proceed. Judge Jeffrey Pearlman denied the petition on Wednesday. An attorney for the caucus confirmed that they plan to appeal the decision.
City Council leaders have voiced concerns about the ballot questions, describing them as deceptive and potentially harmful. However, they emphasize that their opposition is not directed at increasing the city’s housing supply.
“Yes, we know we have to build housing, but what about investing in our schools? What about investing in our parks, the streets, the roads? What about adding economic opportunity?” said Council member Kevin Riley, chair of the Subcommittee on Zoning and Franchises, at a recent rally. “This gives us the opportunity to negotiate with those coming in our community for the things that we need in our community to grow.”
The main issue cited by council members is that the ballot proposals could reduce their ability to secure funding and other benefits for their districts. The City Council plays a significant role in the city’s land use review process, with local members often leveraging their position to negotiate concessions from developers and city officials.
Comptroller Brad Lander, Brooklyn Borough President Antonio Reynoso, and Manhattan Borough President Mark Levine spoke at a rally supporting the ballot measures on Wednesday. During his remarks, Reynoso acknowledged the tradition of member deference in land use matters but noted that some council members have lost reelection bids after supporting affordable housing projects. He argued this risk should not influence decisions about housing development.
“Many Council members don’t take the risk at all. They build no housing, especially affordable housing, in an effort to preserve their seat in the City Council,” said Reynoso. “There are other members that put their necks on the line and support housing and don’t get kicked out of their seats, but we shouldn’t leave this up to chance. We shouldn’t make this risky.”
Amit Singh Bagga, who leads YES on Affordable Housing—a campaign planning to spend $3 million promoting the ballot questions—pointed out that while the current City Council has approved new housing faster than previous councils, future councils may not continue this trend.
“We cannot rely on just one good speaker … to solve a structural problem that’s been decades in the making,” Bagga said at Wednesday’s rally.
Last week, the City Council advanced rezoning plans for Jamaica, Queens, which could allow nearly 12,000 new housing units in the area. As part of this agreement with City Hall, over $400 million will be invested in infrastructure and neighborhood improvements. Council Speaker Adrienne Adams highlighted these additional investments as key outcomes of negotiations over rezoning and referenced them as central to debates about the ballot measures.
“We have not only approved housing, but this Council has improved initial proposals by deepening the affordability of the homes that they will create while securing major investments for our neighborhoods,” said Adams.
However, changes made during approval reduced projected new units by almost 500 due to adjustments in allowable density and rezoning boundaries. Council members said these changes aimed to ensure smoother transitions between high-density areas and existing homes.
Crain’s reported that council members have distributed talking points warning community boards about potential impacts on single- and two-family homes if the ballot questions pass. Some believe the measures could make it easier for multifamily buildings to be built in such neighborhoods; however, the proposals themselves do not change zoning rules directly.
Before approving related text amendments, the council made changes largely excluding certain neighborhoods from transit-oriented and town center development.
Other developments include Yonkers Mayor Mike Spano calling on Governor Kathy Hochul to investigate MGM Resorts’ decision to withdraw its casino license bid in Yonkers. Spano questioned whether President Donald Trump could benefit if Bally’s receives a license for its Bronx golf course facility due to existing agreements between Bally’s and Trump.
A recent study found Hart Island cemetery will run out of burial space within eight to twelve years. The City Council will hold hearings on its future this week.
Additional notes:
– Bill Ackman donated $1 million to Defend NYC, an anti-Zohran Mamdani super PAC.
– Mayor Eric Adams mentioned he is considering three job offers during an appearance on “The Reset Talk Show.”
– A state judge criticized Chelsea public housing residents for using AI-generated legal filings in a lawsuit opposing demolition plans.
– The top residential sale recorded was $8.5 million for a townhouse at 330 West 88th Street.
– Cornell University purchased Sotheby’s New York headquarters at 1334 York Avenue for $510 million.
– A co-op apartment at The Dakota listed for $24 million is currently the highest-priced new residential property on the market.
