What is “infill?"

“Infill” is building in areas between existing buildings that don’t have buildings on them already. Infill is often proposed to replace playgrounds, lawns, passive green spaces and parking lots on NYCHA campuses. Infill construction can be done by NYCHA itself to build more public housing or by NYCHA leasing land to a private developer who will do the construction and own the new buildings.

U.S. Department of Housing and Urban Development

Because infill projects built by private developers require a public housing authority (NYCHA) to sell or lease its land, NYCHA needs the approval of HUD under Section 18 of the U.S. Housing Act of 1937. The NYCHA Board first has to approve the submission; see Review by the NYCHA Board and Testify at a NYCHA Board Meeting. 

Read more about what HUD looks for in a Section 18 application filed by a housing authority, and how residents can get involved in HUD's review. Review the Section 18 Application NYCHA submits to HUD.

HUD also has oversight over NYCHA's Annual Plan; NYCHA is supposed to disclose any plan to sell or lease its land in a documentthat the public can comment on before NYCHA submits it to HUD. Understand and Comment on NYCHA's Annual Plan. 

New York City Zoning

Every property in NYC falls under a zoning designation that describes what property owners can do on their property. You can figure out what is already allowed to be built on a NYCHA property depending on the zoning district it has been assigned by the City. 

If the proposed development is allowed under the existing zoning, it can be built “as of right.”  If the proposed development is not allowed in the zoning district (for example: if it is too tall, or a developer wants to build residential properties in a manufacturing district), then the owner will have to seek either a variance for its own project from the New York City Board of Standards and Appeals or make a permanent change to the zoning district assigned to the property. See When the City or a Developer Wants to Build Something More or Different Than What the Current Rules for the Property Allow.

New York State Historic Preservation Office

Since 2018, NYCHA also has the obligation to consult with the State Office of Historic Preservation for all new construction on its campuses, whether or not they are listed or eligible for listing on the National Registry of Historic Places or designated as NYC Landmarks. NYCHA committed to consult with the State on every instance of new construction. See NYCHA's Historic Preservation page for a link to the contract NYCHA signed. 

Private Developer Infill in NYC

To date, NYCHA has enabled private infill developments at a number of campuses, like Astoria Houses and Ingersoll Houses.

Residents a some other developments continue to organize with the potential for a proposed project they once stopped to be re-started by NYCHA, or with proposals still pending. For example, in 2019, in response to pressure from elected officials and the residents at Holmes Towers, with the support of the Holmes Isaacs Coalition, NYCHA withdrew a Section 18 application it had filed to enable a private luxury tower to replace the playground.

Use our checklist, 21 Approvals Potentially Required for Private Infill Development on NYCHA Land, to ensure that NYCHA has followed the public review process required to obtain approval for private developers build infill. 

Organizing Notes

If you feel that NYCHA has not meaningfully consulted with you in developing its infill plans, it’s important to create a record of that for HUD to see. If you are opposed to the plan or want it to be changed:

• Put your criticisms of NYCHA’s plans and its process of engaging with residents in writing. That way NYCHA will not be able to mischaracterize how you feel about the plans and the way NYCHA is consulting – or not consulting – with residents.
  
  
• Be very specific. For example, point out issues raised at earlier meetings that  had no follow-up. Refer to commitments NYCHA representatives may have made but later backed away from in their conversations with residents.Emphasize that new development will only be in the “best interest” of residents if NYCHA meets residents’ demands about what development should look like and how it should proceed.
  
  
• If you are completely opposed to the project, you might want to describe how the land NYCHA is planning to give away is not “incidental” to you, but necessary. For example, if NYCHA is planning to develop what is currently open space, you might explain why having that space is so important to you as a resident. Or if NYCHA is planning to build on a parking lot, you could explain why parking is very important to you and how difficult and expensive it would be to find parking elsewhere.
  
  
• Whenever you submit a written comment to NYCHA, include this sentence: “NYCHA is legally obligated to evaluate this comment and forward all comments to HUD under 24 CFR § 970.9(a).”

NYCHA Real Talk Workshop Materials

Since 2020, TakeRoot has been working with New York City Housing Authority (NYCHA) residents responding to the Authority’s plans to transfer control of existing public housing to private developers and allow private housing to be built on NYCHA campuses, including launching the NYCHA Real Talk series in Fall 2021. We created a Presentation, Script and Handout that you can use to lead a conversation about infill in your community.