Commercial Observer RIP, ULURP: What City Charter Changes Might Mean for Real Estate by Rebecca-Baird Remba
In addition, there are a number of charter revision proposals that will spark alarm among real estate developers. Some politicians and anti-development groups have trained their aim on the Board of Standards and Appeals, a quasi-judicial body that grants minor zoning changes to landlords who argue the city land use rules make development or renovations financially difficult. Councilman Ben Kallos, for example, wants to give the City Council and borough presidents the power to appoint members to the board, which is currently chosen by the mayor. He posits that the mayor has too much power over the land use process, because he appoints the BSA and the majority of the City Planning Commission.
“No single indivdual who is seeking money to run for higher office should be able to control the land use process from beginning to end,” Kallos explained.
Another recommendation on the charter commission’s list calls for allowing the council to veto BSA decisions. But even Kallos acknowledges that could raise legal issues, since the council also signs off on major zoning changes.
Real estate lawyers argue that these two changes could create serious legal issues for the city, because they would politicize a board that’s supposed to be independent of city politics. The BSA exists to offer relief from the city’s zoning code. Without the BSA, developers can argue that zoning qualifies as a constitutional “taking” of property.