29 City, State, and Federal Officials Call for Court to Dismiss ‘Old Town Civic Association v. City of New York’ Amid Severe City Crisis of Housing Supply and Affordability
On July 10, 2025, Brooklyn Borough President Antonio Reynoso and Council Member Erik Bottcher led a broad coalition of 29 city, state, and federal officials to file an amicus brief with the New York State Supreme Court, Richmond County in support of City of Yes for Housing Opportunity (COYHO). The brief was filed ahead of oral arguments in Old Town Civic Association v. City of New York, a lawsuit seeking to overturn COYHO and block the text amendment’s measures aimed at facilitating moderate housing growth citywide. Citing the City’s authority and responsibility to meet the needs of New Yorkers and uphold the right to housing, the brief calls on the Court to dismiss the lawsuit in its entirety.
Representing many of New York City’s rent-burdened communities, officials signed on to the amicus brief include:
- Brooklyn Borough President Antonio Reynoso
- Council Member Erik Bottcher
- Representative Jerrold Nadler
- NYC Comptroller Brad Lander
- Bronx Borough President Vanessa L. Gibson
- Manhattan Borough President Mark Levine
- Council Member Shaun Abreu
- Council Member Alexa Avilés
- Council Member Tiffany Cabán
- Council Member Amanda Farías
- Council Member Jennifer Gutiérrez
- Council Member Shahana Hanif
- Council Member Crystal Hudson
- Council Member Rita Joseph
- Council Member Julie Menin
- Council Member Sandy Nurse
- Council Member Chi Ossé
- Council Member Keith Powers
- Council Member Lincoln Restler
- Council Member Kevin C. Riley
- Council Member Pierina Sanchez
- Council Member Althea Stevens
- Council Member Julie Won
- Assembly Member Alex Bores
- Assembly Member Maritza Davila
- Assembly Member Zohran Mamdani
- Assembly Member Tony Simone
- Assembly Member Emérita Torres
- State Senator Brad Hoylman-Sigal
Today, New York City faces a historic affordability crisis that threatens to displace countless New Yorkers and disrupt the fabric of our communities. According to the Coalition for the Homeless, homelessness in New York City is at the highest level since the Great Depression, driven primarily by a lack of affordable housing. In 2023, New York City hit a 1.4% rental vacancy rate, the lowest since 1968, according to the NYC Department of Housing Preservation and Development. Moreover, it’s estimated that a majority of New Yorkers are rent burdened – spending more than 30% of their household income on rent. These factors have resulted in exorbitant rental prices and an exodus of working-class New Yorkers.
City of Yes for Housing Opportunity, passed in December 2024, is a data-driven zoning text amendment that includes several measures to incentivize new housing production, including a Universal Affordability Preference for permanently affordable units, the expansion of transit-oriented development, the legalization of accessory dwelling units, the elimination of parking mandates, and more. The proposal successfully passed the public review process following 175 community board meetings and multiple public hearings held at the community board, Borough President, and City Planning Commission (CPC) levels. Altogether, the reforms are expected to pave the way for the creation of 82,000 housing units over the next 15 years.
In March 2025, several elected officials and organizations filed a lawsuit in the New York State Supreme Court, Richmond County seeking to overturn COYHO, claiming the City failed to comply with environmental review laws. Oral arguments will be heard on July 16, 2025.
