Parks are protected in New York State for the use of people as open space. A City in the State cannot decide to simply close down a park and use the land for something else without getting approval from the state government after land has been dedicated as parkland. This rule applies to open space dedicated for recreation and playgrounds on NYCHA properties.

In order to convey parkland to a nonpublic entity, or to use parkland for another purpose, a municipality must receive prior authorization from the State in the form of legislation enacted by the New York State Legislature and approved by the Governor.

“Once land has been dedicated to use as a park, it cannot be diverted for uses other than recreation, in whole or in part, temporarily or permanently, even for another public purpose, without legislative approval.” United States v. City of New York, 96 F.Supp.2d 195, 202 (E.D.N.Y. 2000). This clear law has been applied consistently since 1871.

If there is a proposal to replace an open space that has been dedicated for public recreation on a NYCHA campus with a building, or something else, you can organize to make sure that the State Assembly Member and Senator are part of the process. If there is no state government approval, there might be a legal argument that the development can't move forward.