New York City’s borough presidents are experiencing the most significant return of decision-making power in residential and land use in nearly 40 years. Following the passage of a citywide referendum by voters last November, a three-person “Appeals Board” composed of the mayor, city council speaker, and local borough presidents has been officially established. This board has been granted the power to overturn city council land use decisions in specific circumstances, fundamentally changing the landscape of land use approvals in New York City.
Under the new system, if the city council rejects or significantly modifies residential or rezoning proposals, developers or city agencies can appeal, and the board will make the final decision. This move weakens the longstanding tradition of “respecting the opinions of local council members” by the city council, and empowers the borough presidents of the five boroughs of New York City to go from predominantly symbolic roles to key figures influencing housing development.
Brooklyn Borough President Antonio Reynoso has taken the lead with proactive measures, announcing a complex set of rules on Tuesday (January 27) to guide his voting on the Appeals Board in the future. He emphasized that the system aims to “depoliticize” housing issues, shifting the focus to actual housing needs and shortages in each community as the core criteria for decision-making.
Reynoso told Gothamist that many low-density communities in southern and central Brooklyn have long faced severe housing shortages. If the city council blocks or reduces residential development projects in these areas, he does not rule out supporting the overturning of such decisions. A policy analysis report showed that between 2014 and 2024, only 604 affordable housing units were added in four city council districts south of Prospect Park, while over 11,000 residential units were added in North Brooklyn, highlighting a significant disparity.
He also pointed out that whether to overturn council decisions in areas already well-served by public facilities and transportation, with relatively abundant housing supplies, will depend on the overall needs of the city. He stressed that the new power is not meant to allow developers to bypass local council members, stating that “they should still negotiate with local council members, not see the appeals process as a shortcut.”
Other borough presidents have taken a more reserved approach. Manhattan Borough President Brad Hoylman-Sigal and Queens Borough President Donovan Richards stated that they will handle appeals on a case-by-case basis, particularly focusing on communities with a long-standing lack of new housing, but have not yet formulated a fixed formula. The Bronx Borough President also indicated that while listening to community input, each case will be evaluated for its overall public interest.
The city council has expressed concerns about the new mechanism. Some council members worry that the Appeals Board may weaken the council’s negotiating power to secure higher percentages of affordable housing and public facilities for communities, and even allow the mayor to push through rezoning plans supported by borough presidents.
Supporters argue that in the past, local council members had excessive veto power, leading to many development projects being withdrawn before formal review. The new system is expected to encourage more housing proposals to go through the approval process. As the Appeals Board officially commences its work, its actual impact will gradually reshape the future landscape of housing development in New York City.