NY State Senate Bill 2023-S9028

Senate Bill S9028

2023-2024 Legislative Session

Repeals the Columbia University Education Mixed-Use Development Land Use Improvement and Civic Project Modified General Project Plan adopted by the empire state development corporation on December 18, 2008

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Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2024	referred to corporations, authorities and commissions

co-Sponsors

2023-S9028 (ACTIVE) - Details

See Assembly Version of this Bill:: A9944
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act

2023-S9028 (ACTIVE) - Summary

2023-S9028 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9028

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to repeal the Columbia University Education Mixed-Use Development
Land Use Improvement and Civic Project Modified General Project Plan
adopted by the empire state development corporation on December 18, 2008

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Owing to the deleterious effects of such plan, as it relates to gentri-
fication, unaffordable rents and other considerations, this bill will
repeal the Columbia University Education Mixed-Use Development Land Use
Improvement and Civic Project Modified General Project Plan adopted by
the empire state development corporation on December 18, 2008.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation repeals the Columbia University Education Mixed-Use
Development Land Use Improvement and Civic Project Modified General
Project Plan adopted by the empire state development corporation on

December 18, 2008.

 
JUSTIFICATION:

The overwhelming breath and scope of The Columbia University Education
Mixed-Use Development Land Use Improvement and Civic Project Modified
General Project Plan adopted by the Empire State Development Corporation
on December 18, 2008 has been of longstanding concern to residents of
the 30th Senatorial District and Harlem in general. The project was
vehemently opposed by many who live in the community, including those
whose residences and businesses were in the area to be destroyed. Many
feared that the project was not just an abject land grab by a private
university, which would have no public benefit, but that it was a way to
displace historically settled Black residents, businesses and homeown-
ers.  Meetings and hearings were held and the community was generally
opposed to and concerned about the project. Today, with soaring rents, a
replete lack of affordable housing and the widespread gentrification of
Black Harlem leading to historic outmigration of generational residents,
the greatest fears of those who opposed this project have been realized.
The project was one of the greatest abuses of the mystical standard
known as "blight" accompanied by "eminent domain" that our state and
nation has ever seen. The words, the process and our people were used an
abused towards a predetermined end. The Appellate Division of the New
York State Supreme Court agreed in 2009, finding in sum, that: Empire
State Development Corporation violated both state and federal due proc-
ess clauses in an effort to prevent affected property owners from
obtaining necessary information. ESDC's finding of blight was "bereft of
facts" to establish true blight. The ESDC's determination that the
project even has a public use, benefit or civic purpose was also called
into question. Most troubling of all was the pattern of collusion
between the state and Columbia, a private developer trying to utilize
the state's power of eminent domain to take private property. This was
clearly evidenced by the ESDC and Columbia each hiring the exact same
consultant to conduct the blight study that served as the rationale for
triggering condemnation proceedings. For several years, groups in the
Harlem Community - such as the New York State Interfaith Commission On
Housing Equality -have been calling for the full repeal of this project,
which, naturally, was not approved by the City Council, State Legisla-
ture or any elected body whatsoever. Since the project is still open
ended, and the authorization still allows actions to be taken that
threaten the very existence of West Harlem and Washington Heights, the
only sane approach is to repeal the plan.

 
PRIOR LEGISLATIVE. HISTORY:

New Proposal.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None Expected.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9028 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9028
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to repeal the Columbia University Education Mixed-Use Development
   Land  Use  Improvement and Civic Project Modified General Project Plan
   adopted by the empire state development corporation  on  December  18,
   2008

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative intent. The overwhelming breadth and scope  of
 The   Columbia  University  Education  Mixed-Use  Development  Land  Use
 Improvement and Civic Project Modified General Project Plan  adopted  by
 the Empire State Development Corporation (ESDC) on December 18, 2008 has
 been  of  longstanding  concern  to  residents  of  the  30th Senatorial
 District and Harlem in general.  The project was vehemently  opposed  by
 many  who  live  in  the community, including those whose residences and
 businesses were in the area to be  destroyed.    Many  feared  that  the
 project  was not just an abject land grab by a private university, which
 would have no public benefit, but that it was a way to displace  histor-
 ically settled Black residents, businesses and homeowners.  Meetings and
 hearings  were  held  and  the  community  was  generally opposed to and
 concerned about the project.  Today, with soaring rents, a replete  lack
 of  affordable housing and the widespread gentrification of Black Harlem
 leading to historic outmigration of generational residents, the greatest
 fears of those who opposed this project have been realized.  The project
 was one of the  greatest  abuses  of  the  mystical  standard  known  as
 "blight"  accompanied  by "eminent domain" that our state and nation has
 ever seen.  The words, the process and our people were used  and  abused
 towards  a  predetermined  end.   The Appellate Division of the New York
 State Supreme Court agreed in 2009, finding in  sum,  that:  The  Empire
 State  Development Corporation violated both state and federal due proc-
 ess clauses in an  effort  to  prevent  affected  property  owners  from
 obtaining  necessary information.   ESDC's finding of blight was "bereft
 of facts" to establish true blight.  The ESDC's determination  that  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15206-01-4
 S. 9028                             2
 
 project  even has a public use, benefit or civic purpose was also called
 into question. Most troubling  of  all  was  the  pattern  of  collusion
 between  the  state  and Columbia, a private developer trying to utilize
 the  state's  power of eminent domain to take private property. This was
 clearly evidenced by the ESDC and Columbia each hiring  the  exact  same
 consultant  to conduct the blight study that served as the rationale for
 triggering condemnation proceedings.  For several years, groups  in  the
 Harlem  Community,  such  as the New York State Interfaith Commission On
 Housing Equality, have been calling for the full repeal of this project,
 which, naturally, was not approved by the City Council,  State  Legisla-
 ture  or  any  elected body whatsoever.  Since the project is still open
 ended, and the authorization still  allows  actions  to  be  taken  that
 threaten  the  very existence of West Harlem and Washington Heights, the
 only sane approach is to repeal the plan.
   § 2. The Columbia University Education Mixed-Use Development Land  Use
 Improvement  and  Civic Project Modified General Project Plan adopted by
 the empire state development corporation on December 18, 2008 is  hereby
 REPEALED.
   § 3. This act shall take effect immediately.

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Senate Bill S9028

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Sponsored By

Cordell Cleare