Gowanus Rezoning Battle Heats Up As Lawsuit Heads To Court

GOWANUS, BROOKLYN — The battle surrounding the city's plan to rezone Gowanus is heating up as a lawsuit that temporarily paused the proposal heads to court this week.

Kings County Supreme Court Justice Katherine Levine is slated to hear arguments Thursday morning from both the city and a coalition of neighbors who contend the proposal, which has been a decade in the making, should be put on hold until in-person meetings about it can be held.

The coalition first filed their lawsuit and were granted a Temporary Restraining Order on the plans on Jan. 15, just days before the city had planned to finally submit the proposal for review.

The weeks since have been met with a flurry of dueling paperwork from players on both sides, including those who argue the lawsuit is nothing but a thinly-veiled delay tactic.

"It is hard to see the Petitioners’ concerns as anything other than a pretextual attempt to delay the Gowanus rezoning," a group of local organizations wrote in a legal brief this week.

"From Petitioners’ perspective, postponing the rezoning and waiting out the De Blasio administration is their best chance at ensuring its demise. They are intent on upholding the status quo and their own financial interests, and are opposed to rezoning policies that would increase access to affordable housing and better integrate the neighborhood."

Those organizations — Fifth Avenue Committee, Arts Gowanus and the Southwest Brooklyn Industrial Development Corp — contend that delaying or halting the rezoning would violate the federal Fair Housing Act given that it would "perpetuate patterns of residential racial segregation."

Supporters of the rezoning plan, which promises to create 8,200 new apartments by changing local zoning rules, contend it will help reverse years of gentrification in Gowanus.

The legal brief also points, as the city has, to the fact that virtual meetings have garnered, more, not less participation than in-person meetings. Between 150 and 200 people participated in Gowanus rezoning meetings last year, compared to 250 to 350 during virtual meetings this fall, according to the brief.

The city has held all Uniform Land Use Review Procedure meetings virtually since the process was restarted in October.

Voice of Gowanus, the group leading the charge against the virtual meetings, argue they pose problems for those who lack access to internet or a computer and violate City Charter requirements to hold meetings in a "convenient place of public assembly." Eight residents have filed affidavits in support of the lawsuit.

"Especially on a massive project that threatens to have such a tremendous impact on the community, Respondents are refusing to give the public an adequate opportunity to be heard and to participate in the public review process mandated by the City Charter and City Rules," they write.

Meanwhile, other key players in the Gowanus rezoning have said they were eagerly waiting information about the city's plan that would have been released on Jan. 19.

All resident association presidents from the three New York City Housing Developments in Gowanus and nearly all members of Community Board 6 signed onto a letter urging the city to let the process move forward. Voice of Gowanus said they plan to file a complaint about the letter given that it was not decided through a vote at a CB6 meeting.

The Gowanus Neighborhood Justice Coalition, which has its own demands for changes to the rezoning plan, said they are looking forward to reviewing the draft environmental impact statement from the city once the lawsuit is "resolved."

Justice Levine will have 60 days to issue a decision after Thursday's hearing, which will kick off at 11:30 a.m.

Read more:

• Judge Stalls Controversial Gowanus Rezoning After Local Lawsuit
• Gowanus Rezoning Opponents Sue City For Using Virtual Meetings
• Here's The City's Infrastructure Plan For The Gowanus Rezoning
• Gowanus Rezoning Process Resumes This Week: What To Expect
• City Commits To 100-Percent Affordable 'Gowanus Green' Project
• Gowanus Pushes For More Details As Rezoning Process Resumes
• Gowanus Rezoning Opponents Gear Up For End Of Coronavirus Delay