BILL NUMBER: S9545

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to authorize the empire state development corporation to create
funds to compensate communities that have been harmed by land use plans

 
PURPOSE:

To allow ESDC the power to compensate communities for the harms caused
by land use plans, including, without limitation: the closing of small
businesses, increased rents and displacement.

 
SUMMARY OF PROVISIONS:

This bill allows ESDC to compensate communities for the harms caused by
land use plans, including, without limitation: the closing of small
businesses, increased rents and displacement.

 
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. Given the harms that the project
has caused, ESDC should be authorized to compensate affected communi-
ties.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.