On June 17, 2021 the New York City Council passed legislation requiring “racial equity reports” for certain land-use actions. According to Langan and the ordinance, racial equity reports will be standalone, project-specific, publicly-available documents that provide supplemental information for use during the Uniform Land Use Review Procedure (“ULURP”) process.

Starting June 1, 2022, a racial equity report will be required for applications involving all of the following actions:

  • Adopting citywide zoning text amendments that affect 5 (or more) community districts;
  • Designating historic districts that affect 4 (or more) city blocks;
  • Acquiring or disposing of (selling) city-owned land for a project containing at least 50,000 square feet of floor area;
  • Increasing permitted residential floor area by at least 50,000 square feet;
  • Increasing permitted non-residential floor area by at least 200,000 square feet;
  • Decreasing permitted floor area or number of housing units on at least four contiguous city blocks;
  • Changing the permitted floor area (for any use) in a manufacturing district; and
  • Changing use regulations in a manufacturing district with a project containing at least 100,000 square feet of floor area.

The New York City Department of City Planning (“DCP”) and Department of Housing Preservation and Development (“HPD”) will have administrative oversight of the racial equity reports and have been charged with aggregating the data and developing detailed guidance for further report preparation.

According to the Real Deal, the measure requires the DCP and the HPD to create a database (called the “equitable development data tool” (“EDD”)) with current and historic information focusing on neighborhood demographics, affordability and displacement risk. The EDD will include a 20 year lookback, disaggregated by race origin, aimed at spotting trends in the data over time.

Triple Bottom Line – often California leads policy and mandates on various social issues, in this instance, New York City has taken action and mandated racial equity reporting in various land use developments for new projects on a go forward basis. This action will require the aggregation of critical data in order to make land use decisions which will likely result in a different, more informed decision making process that takes into account racial disparity and equity. A big step in the process and one which many towns and municipalities in the US will look to in their own decision making. Too early to call on overall success of the initiative or what will occur, but in my view, a big important step in enabling more informed decisions, that this commentator believes will be the beginning of a more national move in many cities to similar reporting and requirements.