Assembly Bill A9944

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9944
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Economic Development
 
 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
 project  even has a public use, benefit or civic purpose was also called
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15206-01-4
 A. 9944                             2
 
 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.