86th Street homeless controversy – Residents’ Association expresses support for residents

The Brooklyn 11th Community Board’s Planning & Zoning Subcommittee held a meeting at the Huakang Association on the evening of the 22nd to listen to resident representatives explain the specific application and appeal case to the New York City Board of Standards and Appeals (BSA) regarding the homeless shelter project at 2501 86th Street. State Senator Chen Xueli, State Assemblyman William Colton, and City Councilwoman Zhuang Wenyi were present to show support, all three expressing unanimous support for the residents’ actions.

Chairman of CB11 Subcommittee Ross Brady stated during the meeting that the case (BSA#2025-55-A) challenges the Department of Buildings’ approval to classify the project as a “transient hotel for public purposes,” despite the lack of a valid city contract at present. Communications from the Department of Homeless Services (DHS) explicitly denied any funding or contractual commitments, and documents obtained through the Freedom of Information Law (FOIL) from the Department of Buildings also confirmed the absence of any signed city contracts at this stage.

Resident Alex, who filed the appeal, mentioned that his residence is only about 100 feet away from the site. He appealed to the BSA because the Department of Buildings did not require the developer to obtain special approval from the City Planning Commission (CPC) first, and the DHS did not have a valid contract in place. “We hope that through the BSA’s public hearing, the Department of Buildings and the city government will address these issues directly.”

* Elected Officials’ Support

Senator Chen Xueli remarked that much of the legal and procedural research for this case was done by community residents and volunteers. “We question the Department of Buildings’ issuance of permits without a contract, which is legally unsustainable,” he noted. The appeal documents were drafted by his Deputy Chief of Staff, Liu Yaming, and he emphasized ongoing advocacy for the community through the BSA process.

Assemblyman Colton criticized the approval process, stating that allowing projects to bypass the normal hotel approval and safety standards without a formal contract could create significant legal and usage uncertainties if the city government were to change its policy in the future. “This not only impacts the community but could also pose risks to the future homeless individuals who may be housed there.”

Councilwoman Zhuang Wenyi reflected on the project’s initiation before she took office in 2023, noting that the community was not involved in the initial discussions. Her office had previously sent letters to the Mayor, First Deputy Mayor, Department of Buildings, Brooklyn District Attorney, and the Southern District of New York Federal Prosecutor’s Office regarding the developer’s background and approval process, and she pledged continued support for residents to seek procedural justice through the BSA avenue.

* Community Board Resolution

Brady concluded by stating that the 11th Community Board had opposed the city-wide transient hotel zoning text amendment as early as 2021, believing that the regulation was creating a loophole allowing publicly funded temporary developments to circumvent community input. Based on the same principle, he proposed a motion requiring “temporary accommodation projects approved without valid contracts to reapply for special CPC approval and undergo public review,” which was seconded by Co-Chair Joseph Lomonaco.

Given Brady’s position at the Department of Buildings, to avoid conflicts of interest, he recused himself from the vote. Ultimately, the motion was unanimously passed by the subcommittee (with one abstention), and it will be presented for full board review in February. The Community Board’s decision is advisory in nature, intended for the city government’s reference.