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TESTIMONY
Testimony by Cormac Slade Byrd proposing a time limit for ULURP pre-certification during housing emergencies
2:36:42
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164 sec
Cormac Slade Byrd testifies that the longest delay in the land use process is often the pre-ULURP certification step by the Department of City Planning (DCP), which lacks a firm deadline. He proposes a charter amendment to impose a 90-day time limit for DCP certification specifically for projects that increase housing density during a declared housing emergency; failure to meet the deadline would result in automatic certification, citing precedents in California and New Jersey.
- The DCP pre-certification step is identified as the longest part of ULURP, lacking a hard deadline.
- Proposes a 90-day "shot clock" for DCP certification for housing projects during a housing emergency.
- If DCP misses the deadline, the application would be automatically certified.
- Cites California and New Jersey examples where deadlines incentivize timely action.
Cormac Slade Byrd
2:36:42
My name is Cormac Slateberg.
2:36:44
I'm here today to become a former ULURP, specifically the very first step certification by the Department of City Planning.
2:36:50
There are many good ideas for shortening ULURP that I support, such as combining the community board and for a president being one step.
2:36:56
However, the single longest step is DCP certification, so improving it is crucial.
2:37:01
The combined maximum time limit for all steps after DCP certification is two hundred and five days, while certification by DCP is in a hundred day limit.
2:37:09
Even if they get that the application then has to file an appeal, city planning commission.
2:37:13
The appeal could take sixty days before the applicant is given either certification or sitting in writing of what further information is necessary.
2:37:20
After eight months, a full month and a half longer, the entire rest the process, the applicant can get handed a list of further requirements they must submit.
2:37:27
For some applicants, this portion of usage takes years.
2:37:30
In every other step of the procedure, if the relevant authority failed to take action, it can get referred to the next level of review.
2:37:36
An applicant could, in theory, reach the council the city council if all previous levels failed to act in their time limits.
2:37:42
There's no such timer on the DCP certification step.
2:37:46
We are in a housing emergency.
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Year after year, rents keep going up.
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Year after year, we fail to make any changes.
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City council has been declaring a public emergency for decades.
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Emergencies require action to fix.
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Certification by DCP need not be an endless time stop.
2:38:01
Casting doubt on project timeline, I've written up a proposed amendment to section one ninety seven dash c of the charter to change the DCP certification process applications that meet two requirements.
2:38:11
One, that we are in a housing public emergency as defined in sections 26 dash five zero one to 26 dash five twenty of New York City administrative code.
2:38:20
And two, the application increases residential development.
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For qualifying applications, DCP would have ninety days to either certify or state what further information is necessary.
2:38:29
If they fail to do this, within ninety days, the application would be considered certified and automatically proceed to the next section of the review similar to how subsection j of section one ninety seven f c functions for all other review steps.
2:38:42
This deadline driven approach is not without precedent.
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In California, the housing accounting housing accountability acts builders remedy has long allowed developers to bypass local zoning restrictions when a city lacks the certified health certified housing element, forcing local agencies to act in a timely manner.
2:39:00
Similarly, New Jersey has a judicial interpretation that empowers developers to move forward when local governments fail to meet their obligations.
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These examples demonstrate that when deadlines aren't forced, it can prevent protracted delays and boost housing production exactly the goal we need during a housing emergency.
2:39:16
By adopting this ninety day rule, we not only reduce unnecessary limited release, but also create a clear account framework that aligns New York City with other jurisdictions that successfully expedited.
2:39:26
Thank