Dozens of lawmakers, residents and community groups are suing the Big Apple over its controversial “City of Yes” housing plan – in a move to overturn Mayor Eric Adams’ marquee initiative.
A 60-page lawsuit filed late Tuesday in Staten Island Supreme Court argues that the Adams administration and the City Council skipped environmental reviews required by city and state laws for the ambitious plan, which aims to build 80,000 new housing units across the five boroughs over 15 years.
“The City of Yes, the city Planning Commission and the Department of City Planning completely abrogated all the terms of the environmental laws of the state of New York,” attorney Jack Lester said at a news conference announcing the suit on the steps of City Hall.
“And how did they do this?” said Lester, who filed the suit. “I believe the arrogance of government.”
All zoning changes or initiatives must go through reviews to identify and consider their possible negative environmental effects under state and city laws.
The pro-development City of Yes had three environmental reviews but they were conducted as if City of Yes was three separate initiatives — carbon neutrality, economic opportunity and housing opportunity.
The suit argues that Adams pulled a fast one on city residents by taking that approach and avoiding one sweeping review of the cumulative effects of City of Yes that would have revealed a laundry list of adverse impacts.
City Council member Joann Ariola (R-Queens) said at the news conference the initiative was “never really about” a housing or economic crisis.
Low-density neighborhoods’ infrastructure won’t be able to support the huge population booms that would follow the rezoning, the suit said.
“It was about clearing the decks for big developers to come into our communities and deceive us into making us think it would not have a negative impact on our communities or negative environmental consequences,” Ariola said. “The lawsuit we filed today makes it clear that only did the city lie to all of us, it broke the law in the process.”
The coalition casts the plan in the suit as a “wholesale departure” from the city’s policy “that respects open space, air and light, stress on infrastructure and the neighborhood character” throughout NYC.
“To have undertaken this Rezoning contrary to the requirements of basic environmental law must result in a nullification of Respondents’ unlawful behavior,” the suit reads.
The lawsuit was filed by members of the council’s bipartisan Common Sense Caucus along with a number of community organizations from all five boroughs and other lawmakers, including US Rep. Nicole Malliotakis (R-NY) of Staten Island.
The “City of Yes” initiative loosened restrictions on parking requirements as well as apartments above stores and in basements, and included a $5 billion investment from the city and state to build the new homes.
The changes were approved by the council in December on a 31-20 vote after lengthy negotiations, which led to a partially scaled-back plan.
A City Hall spokesperson responded to the suit, calling the program “the most pro-housing zoning proposal in New York City history” and “game changing work.”
“When it comes to housing, there will always be those who say, ‘Not in my backyard,’ but we stand by the city’s thorough and transparent review process and will address any lawsuit when it is received,” the spokesperson said.
City Council Speaker Adrienne Adams referred reporters to the law department when asked during unrelated press conference Wednesday.
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