S 1203: Repeals the Columbia University Education Mixed-Use Development Land Use Improvement and Civic Project Modified General Project Plan adopted by the empire state development corporation on December 18, 2008.

  
  STATE OF NEW YORK ________________________________________________________________________ 1203 2025-2026 Regular Sessions  IN SENATE January 8, 2025 ___________ Introduced by Sens. CLEARE, BRISPORT, JACKSON, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to repeal the Columbia University Education Mixed-Use Development Land Use Improvement and Civic Project Modified General Project Plan adopted by the empire state development corporation on December 18, 2008 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The overwhelming breadth and scope of 2 The Columbia University Education Mixed-Use Development Land Use 3 Improvement and Civic Project Modified General Project Plan adopted by 4 the Empire State Development Corporation (ESDC) on December 18, 2008 has 5 been of longstanding concern to residents of the 30th Senatorial 6 District and Harlem in general. The project was vehemently opposed by 7 many who live in the community, including those whose residences and 8 businesses were in the area to be destroyed. Many feared that the 9 project was not just an abject land grab by a private university, which 10 would have no public benefit, but that it was a way to displace histor- 11 ically settled Black residents, businesses and homeowners. Meetings and 12 hearings were held and the community was generally opposed to and 13 concerned about the project. Today, with soaring rents, a replete lack 14 of affordable housing and the widespread gentrification of Black Harlem 15 leading to historic outmigration of generational residents, the greatest 16 fears of those who opposed this project have been realized. The project 17 was one of the greatest abuses of the mystical standard known as 18 "blight" accompanied by "eminent domain" that our state and nation has 19 ever seen. The words, the process and our people were used and abused 20 towards a predetermined end. The Appellate Division of the New York 21 State Supreme Court agreed in 2009, finding in sum, that: The Empire 22 State Development Corporation violated both state and federal due proc- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03441-01-5 
 S. 1203 2 1 ess clauses in an effort to prevent affected property owners from 2 obtaining necessary information. ESDC's finding of blight was "bereft 3 of facts" to establish true blight. The ESDC's determination that the 4 project even has a public use, benefit or civic purpose was also called 5 into question. Most troubling of all was the pattern of collusion 6 between the state and Columbia, a private developer trying to utilize 7 the state's power of eminent domain to take private property. This was 8 clearly evidenced by the ESDC and Columbia each hiring the exact same 9 consultant to conduct the blight study that served as the rationale for 10 triggering condemnation proceedings. For several years, groups in the 11 Harlem Community, such as the New York State Interfaith Commission On 12 Housing Equality, have been calling for the full repeal of this project, 13 which, naturally, was not approved by the City Council, State Legisla- 14 ture or any elected body whatsoever. Since the project is still open 15 ended, and the authorization still allows actions to be taken that 16 threaten the very existence of West Harlem and Washington Heights, the 17 only sane approach is to repeal the plan. 18 § 2. The Columbia University Education Mixed-Use Development Land Use 19 Improvement and Civic Project Modified General Project Plan adopted by 20 the empire state development corporation on December 18, 2008 is hereby 21 REPEALED. 22 § 3. This act shall take effect immediately.