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
***Amicus Brief Linked Here***
Brooklyn, NY (July 10, 2025) – Today, 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
“Encumbered by archaic zoning laws, our city is struggling to answer for a housing crisis that is leaving hundreds of thousands of New Yorkers homeless, a majority of households rent-burdened, and countless neighbors without dignified housing options they can afford,” said Brooklyn Borough President Antonio Reynoso. “City of Yes for Housing Opportunity is a rational exercise of government power that reflects years of research, public engagement, and interagency coordination. It is a commonsense, necessary step toward planning for the public good and ensuring New Yorkers have safe, dignified, and stable roofs over their heads. I am proud to champion this legislation’s swift implementation alongside Council Member Erik Bottcher and my fellow elected officials who understand that New York City is at its best when we open, not close, doors for our neighbors.”
“This lawsuit is a desperate attempt to cling to a status quo that’s locking working people out of our city,” said Council Member Erik Bottcher. “City of Yes for Housing Opportunity is already creating permanently affordable housing in my district that simply would not have been possible under the old zoning rules. If this lawsuit succeeds, those homes – and thousands more like them – would be stopped in their tracks. That is shameful. We need more housing, not less, and the court should reject this baseless challenge so we can keep building a more affordable, inclusive New York.”
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.
“Housing prices are crushing New York’s families, and one big reason is because, for the past two decades, we’ve failed to build enough homes,” said New York City Comptroller Brad Lander. “The passage of City of Yes will start to change that, by allowing the construction of 80,000 new homes. This lawsuit shamefully threatens that progress and the millions of hard-working New Yorkers trying to secure housing at rates they can actually afford.”
“The City of Yes for Housing Opportunity is not just a piece of legislation, it is a lifeline for New Yorkers struggling with the daily reality of a housing crisis,” said Bronx Borough President Vanessa L. Gibson. “In the face of skyrocketing rents and a record-low vacancy rate, this text amendment represents a proactive, responsible approach to ensuring that future generations of Bronxites and all New Yorkers can have a place to call home. The lawsuit against it is an attempt to derail part of the solution in addressing our city’s affordability crisis. The proposal went through the scrutiny of public review and was approved with modifications that made it better. We cannot allow legal challenges to block progress. It’s time we now come together in our support of COYHO and its vision for a more inclusive, affordable New York City.”
“New York City is facing an unprecedented housing crisis with many New Yorkers decamping to more affordable cities and a painfully high number of families in homeless shelters caused by our persistent lack of new units. City of Yes for Housing Opportunity makes it easier to build housing, including by eliminating zoning regulations that hinder new construction,” said Manhattan Borough President Mark Levine. “It’s imperative that the court dismiss this baseless lawsuit so that we can reverse New York’s growing housing equality gap and ensure every New Yorker has an affordable roof over their head.”
“For decades, we simply have not built enough housing to keep up with demand,” said Council Member Keith Powers. “Without enough homes to house the people who live here, we have seen rents soar, vacancy rates plummet, and opportunity decline. We passed City of Yes for Housing Opportunity to address the core source of the housing crisis: a lack of supply. By adjusting our zoning regulations, City of Yes will create a large amount of new housing stock in a generation-defining investment that will drive down rents and build a sustainable future for years to come. This baseless lawsuit is an attempt to prevent thousands of units from being built and thereby shutting our neighbors out. I urge the court to dismiss the lawsuit and allow City of Yes to continue, so New York can become a city for the future, instead of a city of yesterday.”
“Our city is facing an affordability crisis—New Yorkers are struggling every day to pay rent and keep a roof over their head. We need to expand affordable housing and total housing supply now, and City of Yes ensures every neighborhood in New York City has to do its part. I’m proud to have signed onto this amicus brief to ensure we alleviate the housing crisis in New York City,” said Council Member Lincoln Restler.
“Every New Yorker deserves the basic dignity of a safe and stable home. In District 16, we see firsthand how the housing crisis continues to push families to the margins, making it nearly impossible for them to live where they work, where their children go to school, or where they’ve built community. City of Yes for Housing Opportunity is more than a policy; it’s a commitment to equity, care, and the belief that our city must grow in a way that centers people, not just buildings.” Council Member Althea Stevens emphasizes, “I stand with my colleagues in supporting this critical effort to open doors and create a more inclusive, affordable New York for all.”
“The City of Yes for Housing Opportunity is about making New York a place where working families, immigrants, and future generations can afford to live and thrive,” said Assemblymember Tony Simone. “This lawsuit is an attack on the kind of inclusive, forward-thinking planning our communities desperately need. We cannot allow outdated zoning laws and obstructionist lawsuits to stall the progress we’ve fought so hard for. I proudly stand with this coalition to defend the City’s right—and responsibility—to build a more affordable and abundant future.
“In the South Bronx, we are facing a housing crisis. Families are dealing with rapidly rising rents and fewer housing options. The City of Yes for Housing Opportunity gives us tools to add more housing where people need it. This lawsuit would set us back at a time when too many New Yorkers are already being priced out. We need to keep moving forward.” said Assemblymember Emérita Torres.
“New York City is facing a housing crisis that demands action. The City of Yes for Housing Opportunity is a critical step toward creating the affordable, sustainable, and equitable housing future New Yorkers deserve, said State Senator Brad Hoylman-Sigal. “I’m proud to stand with my colleagues across government in defending the City’s right and responsibility to build homes for working families, seniors, and future generations. This lawsuit is an attempt to hold our city’s housing future hostage, and the courts should reject it.”