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Q&A

CM Brewer questions on warehousing, mandatory inclusionary housing, and Wards Island

New York City Council · Sep 9, 2026 · starts 2:46:37 · 3 min 16 sec

Brewer asks about vacant unit warehousing enforcement; Levy says HPD is working on technology to inspect vacant units. Brewer raises mandatory inclusionary housing for as-of-right development and the takings issue; Levy notes mandatory inclusionary zoning exists but acknowledges Brewer's concern. Brewer also asks about affordable housing on Wards Island; Levy agrees to continue discussions.

Gale A. Brewer

Thank you very much.

Gale A. Brewer

One of the questions a while ago was warehousing.

Gale A. Brewer

It's mostly a state issue, but we did pass a law some time ago stating basically your next door to something that is vacant.

Gale A. Brewer

It has problems in terms of the structure, blah, blah, blah.

Gale A. Brewer

I just know if any of those complaints have come to HPD or if you've been dealing with it.

Gale A. Brewer

We couldn't outlaw it.

Gale A. Brewer

It has to be done on the state, but we are trying to do something in between.

Commissioner Dina Levy

I understand.

Commissioner Dina Levy

Right now our focus on that issue is making sure that we have the technology capacity to go inspect vacant units.

Commissioner Dina Levy

It sounds like it should be easy, but to be frank, it's fairly complicated because our systems don't know how to recognize a unit that isn't occupied.

Commissioner Dina Levy

So we have been working with a technology company and meeting with some advocates, including folks at NYLAG, to make sure that we are moving swiftly to try to get that functionality up.

Commissioner Dina Levy

But yeah, that is on our agenda.

Gale A. Brewer

Thank you very much.

Gale A. Brewer

And then second, I don't think there's any, I thought maybe in New Jersey, but I could be wrong, this whole takings issue.

Gale A. Brewer

You cannot make

Gale A. Brewer

that a new development have affordable housing if they do not need to because it's within an as of right zoning.

Gale A. Brewer

Does that ever come up?

Gale A. Brewer

Because obviously in Manhattan in particular, we have, they stay within the zoning, they do not provide affordable housing, and it's very frustrating.

Gale A. Brewer

Obviously, there's always been a sense we cannot mandate affordable housing unless there's a change in the zoning, you know, this whole, which I've heard forever.

Gale A. Brewer

Has that ever been contemplated, or are we too nervous about the takings issue, and so therefore we cannot consider mandating affordable housing in every new building?

Commissioner Dina Levy

So I think you're thinking of like the New Jersey Mount Laurel, right, where there is a fair share obligation.

Commissioner Dina Levy

Yeah.

Commissioner Dina Levy

So certainly it's happened and it continues to be in the law in New Jersey.

Commissioner Dina Levy

So obviously it's possible.

Commissioner Dina Levy

I think we do a lot in New York City through all of the changes in zoning, all of the enticements, all of the funding that we're putting in for affordable housing.

Commissioner Dina Levy

You know, not being an attorney, I don't want to opine on the legality of that.

Commissioner Dina Levy

Right.

Commissioner Dina Levy

But I would say that it is certainly something we'd be happy to talk with you about more.

Gale A. Brewer

Okay.

Gale A. Brewer

I mean, trouble is in Manhattan.

Gale A. Brewer

In my area, it's all as of right, and they do not want to provide.

Gale A. Brewer

And so you end up in this horrible fast track situation, et cetera.

Gale A. Brewer

So I would love to see.

Gale A. Brewer

Every mandate, every new building being able to mandate affordable housing.

Commissioner Dina Levy

There is mandatory inclusionary zoning, so there was that.

Commissioner Dina Levy

But yes, I understand.

Commissioner Dina Levy

They don't do it.

Gale A. Brewer

They don't do it.

Commissioner Dina Levy

I understand your point.

Gale A. Brewer

They don't have to.

Gale A. Brewer

They don't.

Gale A. Brewer

If it's not a change in zoning, they don't have to.

Gale A. Brewer

The other question is, and the Commissioner of DOB knows all about my Wards Island issue.

Gale A. Brewer

I would like to see some affordable.

Gale A. Brewer

We have to have a mandated task force on could there be affordable housing on Wards Island.

Gale A. Brewer

Is that something that's on your agenda, playing this Robin thing that she's doing over there?

Commissioner Dina Levy

You're talking to her.

Gale A. Brewer

Yeah, she likes to ask questions like this.

Gale A. Brewer

So I said, hell, I'm going to ask.

Gale A. Brewer

Okay.

Commissioner Dina Levy

So you and I discussed Ward Island and also the challenges and the opportunities there.

Commissioner Dina Levy

And as you know, I reached out to you yesterday to follow up on some of these issues.

Commissioner Dina Levy

So I think we should continue talking about Ward Island.

Gale A. Brewer

That sounds great.

Gale A. Brewer

Thank you very much.