Council Member Morano opposes COPA as unconstitutional and bad housing policy

Thank you, Majority Leader.

As folks will see, I am making a concerted effort to do something that will upset just about everybody, irrespective of where they fall on the political aisle at some point today.

And at the moment, I rise in strong opposition to an intro 905A, the Community Opportunity to Purchase Act, better known as COPA.

Look, we all agree New York City has an affordability crisis, but giving

government-approved organizations special rights in private property sales raises serious constitutional questions, particularly concerning property rights and the limits of municipal authority.

I believe this legislation is totally unconstitutional.

Ultimately, that's a question for the courts, but I think we have a responsibility to confront that here.

And I want to address something else.

There's this temptation in politics, and we've all succumbed to it from time to time, to vote for legislation that sounds good, collect the applause, and leave it to a judge to sort out the legal consequences later.

If a court strikes it down, you can tell your supporters you tried.

If it survives, you can claim a victory.

But I don't believe that that's responsible governing.

We're legislators, not spectators waiting for the courts to clean up after us.

Even setting aside the constitutional questions, this is terrible housing policy.

It adds uncertainty to property transactions in a city already struggling to attract investment and produce enough housing.

We should be making it easier to build, easier to rehabilitate neglected properties, and easier for working New Yorkers to afford a home.

Let's stop confusing government intervention with government accomplishment.

More often than not, those are antonyms.

So I urge my colleagues to vote no on Intro 905A, and let's get to work on real solutions to our affordability crisis.

Thank you, Majority Leader.