On Monday morning (March 24), a large number of Chinese people gathered in the rain at 2134 Coyle St, at the intersection of Bay 52nd Street and Avenue U in Brooklyn’s Sheepshead Bay area. They were protesting the selection of the location for a homeless shelter and attempting to stop the developer from starting construction. Although the developer’s construction team did not show up that day, the developer’s lawyer had already filed a lawsuit with the court, accusing two neighboring Chinese homeowners of violating agreements and requesting a court order to allow entry into the neighbors’ backyard for construction preparation.
The developer claimed in the lawsuit that the neighbors’ obstruction of access to the backyard had completely stalled the project’s progress, leading to significant economic losses due to the need for redesign of construction plans and delays in contracting. Citing Section 881 of New York’s Real Property Actions and Proceedings Law (RPAPL), the developer requested the court to compel the neighbors to allow the construction team access to carry out necessary investigations and protective measures.
According to the plaintiff’s statement, the project requires demolition of the rear façade and retaining walls of existing buildings, with construction in the neighbors’ backyard expected to last no more than three months. Once the construction is completed, the new building will be approximately 35 feet away from the neighbors’ backyard, eliminating the need for further access to the neighboring property. However, the neighbors refused to cooperate, causing the project progress to come to a “complete standstill.” The developer asserted that the Chinese neighbors had misconceptions about the project’s purpose, stating that the facility is transitional housing intended to provide stable residence and support services for families with children, not a traditional homeless shelter.
The general contractor SD added that while other neighbors had allowed entry for pre-construction surveys, only the two Chinese households had refused to cooperate, impeding progress. Without access to their properties, construction safety measures cannot be completed, further delaying project advancement, “putting the project at a standstill and causing significant and unexpected costs” to the plaintiff.
It is worth noting that according to the plaintiff’s submission of the “License Agreement and Project 60-Day Notice,” the Chinese homeowners signed an agreement with Coyle Street Owner LLC on December 17, 2023. However, records from the Financial Bureau’s website show that the current plaintiff, 2134 Coyle HDFC, did not officially acquire ownership of the property until January 6, 2025, becoming the owner and developer.
A question arises: is the agreement signed by the Chinese homeowners with the former owner at the end of 2023 still valid? Some protesting individuals cited a New York court ruling from 2023 regarding another non-profit organization, Habitat Mosaic Brooklyn. The ruling discussed the organization’s qualifications to file suit under Section 881 for permission to enter adjacent properties before acquiring ownership for construction preparation.
The court ruled that Section 881 applies only to entities that already own or lease the relevant property. As the petitioner (plaintiff) did not yet possess ownership of the property, the court deemed them not legally qualified to bring the lawsuit. The petitioner argued that their status as “soon-to-be property owners” should support their qualification, but the court did not accept this reasoning, ultimately ruling against the petition.
On the same morning, hundreds of Chinese residents braved the rain on-site, erecting multiple large tents for sustained protest. Resident Kevin Ho stated that the community had organized several WeChat groups of several hundred people each. Drawing from the success of Bensonhurst 86th Street in stopping a homeless shelter, they plan to protest on a rotating basis, donate goods and funds, purchase tents, chairs, and American flags, and adamantly oppose the project. He pointed out that two-thirds of the street’s residents are Chinese, and the community is fully committed to resisting construction.
While the developer claims the facility is transitional housing, residents generally believe that such projects can easily transition into single homeless shelters, and they question the process of transitioning from affordable housing to a homeless shelter as involving “collusion between officials and businesses.” Residents are confident that the resistance to the Sheepshead Bay homeless shelter will not be more challenging than that of Bensonhurst 86th Street because the initially approved project was for affordable housing, not a homeless shelter.
Meanwhile, local city council candidate Dimple Willabus joined the protest to support residents in blocking the project through legal action and ongoing demonstrations. She criticized the current council member for being informed about the shelter plans as early as July 2023 but failing to inform the community, calling the “massive homeless shelter project for up to 175 families a huge shock that will have a devastating impact on the community.”
The resistance of the Sheepshead Bay Chinese community is in full swing. Kevin Ho stated that in the past, many were busy with life and paid less attention to politics, but now that the “problem has come to our doorstep,” community residents will actively participate in the Brooklyn Community Board 15 meeting tonight (March 25), expressing strong concerns to the city government about the homeless shelter project. He also emphasized that many in the community will actively support candidates in this year’s elections who are sensible and can represent the interests of the people.