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TESTIMONY

Paul Selver, Chair of Zoning and Design Committee at Real Estate Board of New York, on vesting provisions for City of Yes for Housing Opportunity zoning changes

4:53:08

·

3 min

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Paul Selver presents the Real Estate Board of New York's proposal for vesting provisions in the City of Yes for Housing Opportunity zoning changes. He argues that current vesting standards are outdated and don't reflect the modern challenges of real estate development in New York City.

  • Proposes a four-part vesting provision including extended timelines for project completion and protection against challenges to vested permits
  • Emphasizes the need to update vesting rights to account for increased land costs, tenant protections, complex zoning controls, and longer entitlement processes
  • Suggests that the proposal could serve as a model for future zoning actions to modernize vesting provisions in the zoning resolution
  • Proposal for a vesting provision in the City of YES for Housing Opportunity zoning change
  • Current vesting standards are outdated and need to be updated to reflect modern challenges in real estate development
  • Proposed vesting provision based on principles of fairness and due process
  • Four main parts of the proposal: filing work permit within 6 months, 20% enlargement allowance, extended timelines for large and 421A buildings, and protection against frivolous challenges
  • Need to protect investments in producing affordable housing under current Inclusionary Housing program

[EXPERIMENTAL]

Which elements of City of Yes for Housing Opportunity were discussed in this testimony?

I was not able to tie quotes from the testimony back to specific elements of the proposal. Check out another testimony here.


About this analysis:

This analysis is done by AI that reasons whether or not a quote from the testimony discusses a particular element of the proposal.

All the prompts and data are open and available on Github.

You can search for testimonies that mentioned a specific element in the table on the main meeting page.

When an element is explicitly stated in the testimony (e.g. "Universal Affordability Preference" or "UAP"), the analysis is accurate.

But the connection between a quote from the testimony and an element of the proposal is sometimes implicit.

In these cases, the AI might eagerly label a testimony as discussing a proposal when the connection is tenuous, or it might omit it entirely.

↗ Why are there transcription and diarization errors?
Paul Selver
4:53:08
Good afternoon.
4:53:09
Sheridan Rodnick and members of the commission.
4:53:11
I'm Paul Selver, Co Chair of the Land Use Department at Cramer Levin and Chair of the Real Estate Board of New York.
4:53:18
Zoning And Design Committee.
4:53:20
I'm speaking today about revenue's proposal for a vesting provision for the Department of City Planning is generally excellent City of YES for housing opportunities owning change.
4:53:29
Remi hopes that in addition to ensuring a smooth transition between today's zoning and the city of YES, its suggestion can serve as a model for future zoning action that brings the general vesting provisions of the zoning resolution into the 21st century.
4:53:45
The statutory standard for vesting in Section 1131 of 331 of the zoning resolution is more than 3 generations old.
4:53:53
And those 3 generations have seen the business environment for development evolve in that 1.
4:54:01
Land and relocation costs have soared.
4:54:04
2 residential tenants have received additional protection.
4:54:07
3, land assemblage has been burdened by increasingly complex zoning controls.
4:54:12
4, the entitlement process has become longer and more fraught.
4:54:16
By an overwhelmed permitting administration and expanded public review process and increasingly with TIGI's private stakeholders And finally, the pace of construction has been slowed to ensure the safety of those working on-site.
4:54:29
Our proposal is based on the principles of fairness and due process.
4:54:33
That are the foundations for vested rights.
4:54:36
It draws from a deep pool of precedent that includes numerous special vesting provisions in the zoning resolution.
4:54:42
New York State's common law vesting standard and the vesting standards of other jurisdictions across the country.
4:54:48
If adopted, it will reasonably protect the long term investments that are required in real estate by taking into account the real world challenges revenues members face in developing every day in New York City.
4:55:02
It has 4 basic parts.
4:55:04
The first is that projects will be able to vest against the zoning change by filing a work permit application within 6 months of the date of its adoption and securing approval for a foundation new building or alteration permit within 2 years of its adoption.
4:55:19
A vested building will have the right to be enlarged by up to 20% of its floor area pursuant to the pre amendment zoning controls and remain vested 2nd, buildings larger than 200,000 square feet and all 421A buildings permitted to have a 2031 completion date.
4:55:36
Will have up to 5 years from the date of work permit approval to secure their first temporary certificate of occupancy.
4:55:43
Smaller buildings will have as they do today 2 years from the date of work permit approval to get their first TCO, and in all cases, the right to extend that date will remain as it is under current law.
4:55:56
The 4th is that there will be protection against frivolous challenges to vested permits.
4:56:00
The 5th zoning challenges will be permitted only the first time a specific zoning issue is is raised.
4:56:06
My colleagues will speak about the need to protect investments in producing affordable housing under today's Incrutable housing program.
4:56:14
Thank you.

Follow-up discussion/remarks

QUESTION

Commissioner Benjamin seeks clarification on vesting provisions

4:56:15

·

49 sec

Commissioner Gail Benjamin requests a copy of Paul Selver's remarks and seeks clarification on the vesting provisions discussed in his testimony. Selver confirms that his comments are about general vesting provisions, separate from but related to UAP or inclusionary housing vesting.

  • Selver agrees to submit the full package of remarks through REBNY after the hearing
  • The discussion distinguishes between general vesting provisions and specific UAP vesting provisions
  • The exchange highlights the complexity of vesting rules in the proposed zoning changes
  • Proposal for a vesting provision in the City of YES for Housing Opportunity zoning change
  • Current vesting standards are outdated and need to be updated to reflect modern challenges in real estate development
  • Proposed vesting provision based on principles of fairness and due process
  • Four main parts of the proposal: filing work permit within 6 months, 20% enlargement allowance, extended timelines for large and 421A buildings, and protection against frivolous challenges
  • Need to protect investments in producing affordable housing under current Inclusionary Housing program

[EXPERIMENTAL]

Which elements of City of Yes for Housing Opportunity were discussed in this testimony?

I was not able to tie quotes from the testimony back to specific elements of the proposal. Check out another testimony here.


About this analysis:

This analysis is done by AI that reasons whether or not a quote from the testimony discusses a particular element of the proposal.

All the prompts and data are open and available on Github.

You can search for testimonies that mentioned a specific element in the table on the main meeting page.

When an element is explicitly stated in the testimony (e.g. "Universal Affordability Preference" or "UAP"), the analysis is accurate.

But the connection between a quote from the testimony and an element of the proposal is sometimes implicit.

In these cases, the AI might eagerly label a testimony as discussing a proposal when the connection is tenuous, or it might omit it entirely.

↗ Why are there transcription and diarization errors?
Dan Garodnick
4:56:15
Thank you, Mr.
4:56:15
Selbert.
4:56:16
Question from Commissioner Benjamin.
Gail Benjamin
4:56:18
Mr.
4:56:18
Selbert, could we have
Paul Selver
4:56:20
a copy of your remarks You will have a copy of right now, you you will get some after the hearing.
4:56:29
Okay.
4:56:29
I'm going to submit them.
4:56:30
We will submit them.
4:56:31
Revenue is going to submit the whole package.
Gail Benjamin
4:56:34
And are you speaking in addition to the UAB vesting provisions, the proposed UAB vesting provisions and how long you would have to take advantage of that?
Paul Selver
4:56:46
I'm not No.
4:56:48
What I am saying here is the general investment provisions UAP or inclusionary housing vesting is separate but related.
Gail Benjamin
4:57:00
Okay.
4:57:00
Thank you.
Dan Garodnick
4:57:02
Thank you, Mr.
4:57:02
Stelberg.
Gail Benjamin
4:57:03
Thank you.
Dan Garodnick
4:57:03
Okay.

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