What's happening
This bill expands the New York City Board of Standards and Appeals from five to thirteen members, adding appointments by various elected officials.
Why it matters
Broadens representation in land use decisions. By adding appointees from borough presidents, the public advocate, comptroller, and city council, the board will include voices from more parts of city government, potentially making decisions more reflective of diverse local interests and concerns.
Reduces mayoral dominance. The change dilutes the mayor’s exclusive appointment authority, introducing checks and balances that could make the Board of Standards and Appeals less susceptible to unilateral influence from a single office.
Potential for increased transparency and accountability. With more publicly accountable officials involved in appointments, the board's actions and decisions may face greater scrutiny, potentially improving public trust in zoning and land use decisions.
Could slow or complicate decision-making. Expanding the board and diversifying appointments may lead to more debate and negotiation, which could make the process slower but also more thorough and inclusive.
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Who cares
Headline styles
Expand Zoning Board Membership
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1544
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter, in relation to expanding the membership of the board of standards and appeals to thirteen members
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Declaration of legislative findings and intent. Prior to the 1991 revision of the New York city charter and elimination of the board of estimate, zoning and special permit decisions made by the board of standards and appeals could be reviewed by the board of estimate, comprised of city-wide elected officials including the mayor, the president of the city council, the comptroller and the borough presidents. The effect of this review process was to ensure that the public's voice was considered in this significant decision-making process. The charter revision did not continue the review authority of the board of estimate on zoning issues and such authority was not vested in any other body of elected officials. Thus the mayor retains sole appointment powers in the membership of the board of standards and appeals.
This amendment to the charter adds eight additional members to the board of standards and appeals to be appointed by the other major elected officials in city government, the borough presidents, public advocate, comptroller and city council. This change introduces a necessary check on the board of standards and appeals' authority and returns the public voice to the decision-making process in the area of zoning.
§ 2. Subdivision a of section 659 of the New York city charter, as added by local law number 49 of the city of New York for the year 1991, is amended to read as follows:
a. There shall be an independent board of standards and appeals located within the office of administrative trials and hearings. The board of standards and appeals shall consist of [five] thirteen members to be termed commissioners, five to be appointed by the mayor [each],
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00600-01-7
S. 1544 2
five to be appointed, one each, by the borough presidents, one to be appointed by the public advocate, one to be appointed by the comptroller and one to be appointed by the city council. Each member shall serve for a term of six years.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the New York city charter, in relation to expanding the membership of the board of standards and appeals to thirteen members
Summary of provisions
Section 1 of the bill sets forth the legislative findings and intent of the bill.
Section 2 amends subdivision a of section 659 of the New York city charter, as added by local law number 49 of the city of New York for the year 1991, by increasing the number of board of standards and appeals members to 13 from 5, with the 8 additional members to be appointed, one each, by the borough presidents, Public Advocate, Comptroller and City Council.
Section 3 provides for this act to take effect immediately.
Justification
Prior to the 1991 Charter Revision and elimination of the former Board of Estimate, zoning and special permit decisions made by the Board of Standards and Appeals ("BSA") could be reviewed by the Board of Estimate which was comprised of city-wide elected officials including the Mayor, the President of the City Council, the Comptroller and the borough presidents. The effect of this review process was to ensure that the public's voice would be considered in terms of such significant government decision-making. Unfortunately, following the 1991 Charter Revision, the public's voice on such important issues were in effect silenced because the prior review authority of the Board of Estimate on zoning issues was not carried over to any other body of elected officials and the Mayor retained sole appointment powers in the membership of BSA.
This amendment to the Charter will add eight additional members to the BSA to be appointed by the other major elected officials in city government - the borough presidents, Public Advocate, Comptroller and City Council. The five mayoral appointees will remain and their voices will be tempered by those of the eight additional members appointed by these other elected officials.
This amendment will return the concept of "checks and balances" to the decision making process of BSA and once again add the public's voice to the debate over one of the city's most important government functions -zoning.
Prior legislative history
2011-12, S.6104/A.9196(Brennan) 2013-14, S.320 2015-16: S.689
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.