Developers in New York City may soon find it easier to move forward with affordable housing projects after voters approved three new ballot measures aimed at streamlining the approval process and shifting power away from the City Council.
Under these changes, developers of fully publicly funded projects can now seek approval from the Board of Standards and Appeals (BSA) instead of going through the city’s traditional land use review process. Additionally, rezoning proposals that would increase residential space by up to 30 percent in medium-density districts can access a faster review process that bypasses the City Council.
Another significant measure introduces an appeals board made up of three members who can overturn City Council rejections on certain affordable housing projects that affect only one borough. This marks a change from longstanding traditions where local Council members have had decisive influence over land-use decisions—a practice known as member deference.
Suri Kasirer, a lobbyist, cautioned against assuming this will make approvals much easier for developers: “Who says it is easier to get three people to say yes?” Kasirer emphasized that gaining support from the City Council remains important for project success. “Anybody would be stupid not to take the local Council member seriously,” she said.
Rachel Fee, executive director of the New York Housing Conference, suggested that while the appeals board exists as a backstop, its main effect may be encouraging more negotiations between developers and council members before disputes reach that level.
Ken Fisher, a land-use attorney with Cozen O’Connor, noted that borough presidents could become key decision-makers under these new rules. Their role on the appeals board gives them more influence than under previous procedures where their opinions were advisory only. Fisher observed: “I think that there’s a universe of projects that are stillborn because either the developers think they can never get it past the local Council member, or they met with the council member and learned that they won’t support it. Those projects may now have life.”
City Council leaders have criticized these measures as undermining democratic checks and balances. A spokesperson said: “This will leave our city without the checks and balances of democracy to protect New Yorkers and ensure outcomes that prioritize them, not simply profits.” Labor unions including 32BJ SEIU have also raised concerns about reduced ability for council members to negotiate for deeper affordability in their communities.
David Kramer, president of Hudson Companies, said: “The situation set up the developer to be tortured and extorted. The whole process will be less fraught.”
Two new fast-track options are being introduced for affordable housing development. The first allows BSA approval for zoning changes related to publicly funded affordable housing without requiring passage through Ulurp (the Uniform Land Use Review Procedure). The second option targets affordable housing in 12 community districts with historically low production; such projects will go through a condensed review ending with City Planning Commission oversight rather than involving City Council approval.
A further measure creates an Expedited Land Use Review Procedure (Elurp) for modestly sized housing developments—those increasing capacity by no more than 30 percent in medium- or high-density areas or remaining below certain size thresholds in low-density zones—allowing them shorter reviews and skipping some traditional steps.
Eli Weiss of Joy Construction compared these streamlined processes to carpool lanes: “This is just the HOV lane in development… The fast track is really just a response to getting costs down.”
The effectiveness of these reforms depends on factors such as available city subsidies and staffing levels at housing agencies. Mayor-elect Mamdani has indicated plans to boost agency staffing; his appointment of Maria Torres-Springer as transition team co-chair was seen by some as evidence he aims to prioritize implementation.
Despite these efforts, challenges remain due to construction costs, limited capital access, ongoing litigation risks, and environmental review requirements—which remain unchanged and can significantly delay projects.
Most ballot measures are set to take effect once election results are certified. However, fast-track provisions targeting low-producing districts will begin after October 2026 when updated reports identify eligible areas. Agencies like Department of City Planning and BSA must draft detailed rules before implementation begins.
It remains uncertain how many current development proposals will shift strategies based on these new pathways; those already deep into Ulurp might continue along their existing routes while others consider alternatives offered by reform.
Some see particular benefits for smaller developers. Kirk Goodrich of Monadnock Development commented: “[The fast-track] creates a scale that might be manageable for smaller developers.”
