Brooklyn Bensonhurst Street Residents’ protest against the construction of a homeless shelter for adult males at 2501 86th Street has entered its 290th day, with the community continuing to voice strong opposition. The New York City Department of Buildings (DOB) released a lengthy 113-page document on May 2, formally responding to over 60 individuals’ zoning challenges to the proposed project, and rejecting all challenges.
The document detailed responses to residents’ concerns regarding zoning use, classifications, and regulatory applicability. Below are excerpts of some representative challenges and the official responses from the DOB:
One neighbor pointed out that, according to a letter from the Department of Homeless Services (DHS) to the DOB in December 2023, the DHS is partnering with the nonprofit organization VIP to establish a temporary hotel with use group V on the site, as part of the new homeless shelter development.
As per New York City zoning regulations ZR 32-153(b)(1) for transient hotels, non-government entities seeking to operate such establishments must submit a copy of an “effective agreement” or “written agreement” signed with city agencies. However, the applicant never provided any contract documents. The neighbor filed a Freedom of Information Law (FOIL) request, but the DOB confirmed no relevant records. Therefore, the neighbor demanded the immediate halt of approval and withdrawal of the application.
In response, Brooklyn DOB Commissioner Reda Shehata stated that the DHS letter is sufficient evidence that the project is a temporary shelter established by the city government for public use, complying with regulations, and “does not require additional contract proof.”
This statement shocked community residents, as they believed the letter was only an “expression of intent,” not a formal contract. Residents raised strong objections and stated they would appeal. One of the reasons for the appeal is the apparent contradiction between the DOB and DHS statements: while the DHS previously indicated that the nonprofit organization VIP would operate the facility, Shehata claimed, “The new building will be operated as a temporary shelter established by the City of New York for public purposes.”
Residents questioned whether the absence of clearly indicating the city government as the operator in the letter would still meet relevant zoning requirements, a key point of contention for their planned appeal.
Opponents cited section 31-00 of the commercial district resolution, emphasizing the promotion of stable development and protection of economic and property values. They were concerned that the shelter would lead to increased crime, business relocation, disrupting commercial development, and decreasing property values. The project’s costs were high, benefiting only landlords and the shelter operation entity, without enhancing the city’s economy.
The DOB responded that the intent of commercial zoning is to ensure that development projects comply with applicable regulations. Approved construction documents demonstrate that the project meets usage and size requirements, thus meeting zoning planning standards.
Protesters pointed out that the C8-2 district explicitly prohibits residential buildings according to city planning maps and guidelines, while the shelter involves residential use, which should be considered a violation.
The DOB replied that although permanent residential use is not allowed in the C8 zone, temporary housing aids operated by public entities fall within an acceptable category. ZR 32-151 and 32-153 provide for temporary housing support for public purposes. Such use does not contravene the zoning regulations.
Challengers referenced zoning section 12-10 and the Building Technology Notice TPPN #01/06, stating that the C8 zone prohibits living and sleeping facilities, even as an accessory use, let alone as a primary use.
The DOB responded that TPPN #01/06 applies to traditional commercial purposes and not to temporary hotels established for public purposes. The project complies with ZR 32-153(b)(1) and the definition of temporary hotels, being legal and compliant.
Some community residents pointed out that the developer claimed the building was for “mixed-use,” including community facilities and a temporary hotel, but the DHS letter explicitly stated that “the entire building will serve as a homeless shelter,” without mentioning any hotel functions. This raised suspicions of intentionally misclassifying its use to evade proper scrutiny, demanding further investigation and necessary actions to combat potential fraud.
The DOB countered that the building application was submitted and approved before the new zoning revision took effect. According to the DHS letter, the location will serve as a homeless shelter to meet New York City’s growing need for temporary housing. The New York City Planning Department approved the temporary hotel as a solution for accommodating the homeless.
Faced with the DOB’s complete rejection of all challenges, community residents stated they would appeal. However, according to information on the DOB’s website, the case has been open to challenges since November 21, 2024, with the deadline for challenges set for May 17 of this year, leaving the community residents with just over ten days to act.
On the other hand, although the demolition permit for 2501 86th Street had already expired, the developer submitted an application on April 30 to request an extension, as per information on the DOB website. Upon hearing this news, community residents exclaimed, “2501’s crisis reignites, the danger returns!”