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Q&A

CM Brewer round 2: Mangin on air rights and BSA's role

New York City Council · Sep 1, 2026 · starts 3:53:53 · 1 min 46 sec

Brewer asks about air rights transfers that enable taller buildings, often without affordable housing. Mangin explains BSA typically has no role in workaday zoning lot mergers or landmark TDRs, which go through DCP. BSA only gets involved in controversial zoning lot disputes like the 200 Amsterdam case.

Shaun Abreu

Now I could turn it over to Councilmember Brewer.

Shaun Abreu

Thank you.

Shaun Abreu

I just want to know air rights.

Shaun Abreu

That's what all of my developers buy constantly and then build taller.

Shaun Abreu

No affordable, usually.

Shaun Abreu

So how would you, if at all, play a role in that issue?

Shaun Abreu

Obviously, in the past, only air rights that we ever know about is as purchased from a public sphere, and now that's been eliminated, so that's not even going to be known to any of us.

Shaun Abreu

So the air rights are, I mean, you'll see a church or a synagogue, and the next thing you know, there's a tall building right next door because they've sold the air rights.

Shaun Abreu

So how would you play that, if at all, in the BSA role?

John Mangin

Thank you, Councilmember.

John Mangin

Are you referring to, like, the zoning lot mergers that create tall buildings?

Shaun Abreu

Yep, and the air rights.

Shaun Abreu

Yes, go ahead.

John Mangin

Yeah, I didn't know if you were referring to those or the landmark TDRs that are...

Shaun Abreu

All of the above, I'm aware of.

John Mangin

I'll start with landmark TDRs.

John Mangin

I'm unaware of any process that the BSA would play in landmark TDRs.

John Mangin

If you need any modifications on a receiving site in order to accommodate landmark TDRs, you have to go to the City Planning Commission.

Shaun Abreu

Correct.

John Mangin

In terms of zoning lot mergers, typically the BSA would only get involved when you get, you know,

John Mangin

more controversial, stickier issues like around the zoning lot for 200 Amsterdam, where BSA was a mere stop on the way to the courts.

John Mangin

As you know.

John Mangin

But typically for the types of workaday zoning lot mergers that enable development to happen around the city, the BSA would not have a role in those.

Nantasha M. Williams

Okay.

Nantasha M. Williams

Thank you.

John Mangin

Thank you.

Sandra Ung

Thank you.