Int. No. 1487

By Council Members Moya, Gjonaj, Chin, Salamanca, Kallos, Reynoso, Powers, Adams, Rosenthal, Ayala, Cumbo, Rose, Cornegy, Grodenchik, Barron, Deutsch, Gibson, Miller, Rivera, Levin, Koo, Louis, Riley, Ampry-Samuel and Menchaca

A Local Law to amend the New York city charter, in relation to studying the incidence of secondary displacement resulting from neighborhood rezonings

Be it enacted by the Council as follows:

Section 1. Chapter 61 of the New York city charter is amended by adding a new section 1807 to read as follows:

§ 1807 Secondary displacement studies.  a. Definitions.  For the purposes of this section, the following terms have the following meanings:

Block. The term “block” has the meaning given to that term in section 12-10 of the zoning resolution.

CEQR technical manual. The term “CEQR technical manual” means the city environmental quality review technical manual issued in May 2010 by the mayor’s office of environmental coordination, together with any updates, supplements and revisions thereto.

Neighborhood rezoning.  The term “neighborhood rezoning” means an application on which the city or a not-for-profit corporation of which a majority of its members are appointed by the mayor is either the applicant or co-applicant that:

(1) the city planning commission has approved or approved with modifications for a matter described in paragraph one, three, four, five, six, eight, ten, or eleven of subdivision a of section one hundred ninety-seven-c or a change in the text of the zoning resolution pursuant to section two hundred or two hundred one;

(2) the commission decision has been approved or approved with modifications by the council pursuant to section one hundred ninety-seven-d and is not subject to further action pursuant to subdivision e or f of such section; and

(3) involves at least four adjacent blocks of real property.

Rent regulation.  The term “rent regulation” means any regulation of residential rents imposed pursuant to local, state, or federal law or pursuant to a regulatory agreement executed by the department and a property owner.

Secondary displacement.  The term “secondary displacement” has the meaning given to that term in chapter 5 of the CEQR technical manual.

Study area.  The term “study area” means the study area analyzed pursuant to city environmental quality regulations in connection with a proposed neighborhood rezoning.

b. In connection with each neighborhood rezoning certified by the city planning commission on or after January 1, 2015, the department shall conduct a study of actual residential secondary displacement effects in the study area from the date of final approval of such neighborhood rezoning to a date five years after such date. 

c. Each study conducted pursuant to subdivision b of this section shall use the data sources and methodology prescribed by the CEQR technical manual for studying secondary displacement that may result from land use actions.

d. No later than six months after the end of the study period described in subdivision b of this section, the department shall report to the mayor and the speaker of the council the findings of such study.  Such findings shall discuss similarities and disparities between the actual residential secondary displacement of the subject neighborhood rezoning and the potential for such secondary displacement described in connection with the application for the proposed neighborhood rezoning.  If such findings reveal a disparity of more than five percent between the potential for residential secondary displacement discussed in connection with the application and the actual residential secondary displacement effects, such report shall make recommendations for amending the CEQR Technical Manual to more accurately capture the potential residential secondary displacement impacts of future neighborhood rezonings.

§ 2. This local law takes effect 90 days after it becomes law.

JHC

LS #6607

12/3/2018