Chronicles of Stolen Space - New York Police Department

This is the first in a series of posts about the failures of city agencies to protect New York City's public spaces, using the example of the Millennium Hilton. This post examines the role of the New York Police Department (NYPD).

The NYPD was ok with the parking garage taking over a busy sidewalk

In New York City, as in any other civilized city, it is illegal to drive or park on a sidewalk. It is the responsibility of the NYPD to enforce these laws, which were enacted by our elected representatives to protect the safety and convenience of pedestrians. Title 34, Chapter 4, Rules of the City of New York is quite clear:

When the Wealthy Steal Public Space

When the City allows a developer to construct a larger building in exchange for public space, you expect there to be a real benefit to the public. At the very least, you would expect the space to be minimally usable by the public. Nevertheless, at the Millenium Hilton Hotel, a "privately owned public space" is nothing more than a parking lot outside the hotel's garage, and it uses the public sidewalk as its driveway. As we will see, this is just a small part of a larger pattern of wealthy business owners padding their profits by stealing from the masses in New York City.

Of course, the privately owned public space at the Millenium Hilton is nothing short of a swindle. No space has been provided to ease pedestrian circulation. Instead, pedestrians remain confined to the original sidewalk, where they now have to contend with cars driving back and forth. Meanwhile, the private interests are able to eek out even more profit through the illicit revenue-generating use of this space.

There are unintended consequences, and there is negligence. It is not clear if this case quite crosses the line, but the City could clearly do much more to protect the public's interest in this property.

Where Do Nuisances Go?

This weekend, I walked by a home in a residential district that has been illegally converted into a security system business. The side yard is now a poorly designed parking lot for commercial vehicles. As far as non-conforming uses go, it is relatively benign. It's visually obtrusive, and contributes a little extra noise, but otherwise has little tangible impact. Its illegal status contributes to a sense of disorder, though, and this would never be allowed in "better" neighborhoods.


Although this particular business has relatively little impact, many other uses encroaching on residential neighborhoods are greater nuisances. A couple weeks ago, I passed a vacant lot that has been used as a junk yard for an auto shop for decades.
 

When repair businesses are forced out of manufacturing areas that are rezoned to open them up for residential development, the activity often finds new illicit locations in disadvantaged communities. There is a certain irony in efforts to provide more affordable housing as part of a progressive agenda focused on social equity resulting in environmental impacts in disadvantaged communities.

With the longtime trend of declining urban manufacturing, areas zoned for industrial uses have been coming under pressure for conversion for residential development as city populations have started increasing again. As light-industrial businesses are cleared out, there are ever fewer places for them to relocate. Pressure mounts for the support services that underpin the city's economy to crowd into working-class and low-income neighborhoods. Illegal commercial uses gain a foothold for two reasons: they have less influence and they're somewhat sympathetic toward the workers. These are communities that do not have the influence and power to ensure a Department of Buildings that is not fully competent (and questionably honest) actually address problems in their neighborhoods. And the residents aren't always so sure they want the codes enforced. Their friends or neighbors may depend on the jobs, or they may simply feel that the interest of the workers to earn a living is more important than the problems the businesses bring with them.

These outcomes are not inevitable. Increasing the supply of housing is critical, but it is also important to accommodate the support functions that keep the city running in a manner that is efficient, sustainable, and equitable. As we continue to ignore these marginalized jobs and fail to provide for them intelligently and with dignity, they are forced into marginalized communities, along with their impacts.

What we have now is the gentrification of blue collar job sites and passive environmental injustice by turning a blind eye toward the displacement of nuisances into less affluent neighborhoods. What we need is progressive, comprehensive planning that looks at more than numerical housing targets.

Legally Blocking the Crosswalk?

The first question on anybody's mind is surely: What kind of jerk parks in the crosswalk?

The more important question is: Why would New York City, a place that relies so heavily on walking, enact regulations to make it legal?

In 2008, the New York City Department of Transportation (NYC DOT) quietly changed the parking rules to allow drivers to block unmarked crosswalks at T-intersections.

According to the New York City Department of Transportation
it is legal to park in the locations indicated with red circles.
Source: NYC DOT