Court agreed DHS met their burden under the Fair Share Criteria.  In 2012 the Department of Homeless Services opened Freedom House, a 200-family homeless shelter at 316-330 West 95th Street in Manhattan’s Upper West Side on an emergency contract.  When the emergency contract expired, then-Comptroller John C. Liu declined to register the permanent contract.  A community group, Neighborhood In The Nineties, filed an Article 78 petition to enjoin the Comptroller from registering the contract.  Neighborhood argued their area, located in Manhattan Community Board 7, was over-saturated with support housing and to add more would violate the Fair Share Criteria.

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Council held first oversight hearing on criteria established more than twenty years ago to ensure equitable distribution of public facilities. On April 12, 2011, the City Council’s Landmarks, Public Siting & Maritime Uses Subcommittee held the Council’s first oversight hearing to review the City’s Charter-mandated rules established to foster the equitable distribution of City facilities. Following the 1989 revision of the City Charter, the City Planning Commission promulgated the “fair share” criteria to encourage community consultation and establish a set of standards that City agencies must consider before siting or substantially changing existing City facilities. The fair share rules only apply when City agencies propose siting facilities that are operated by the City on city-controlled property greater than 750 sq.ft., or used for programs that receive certain levels of funding from City contracts.

Subcommittee Chair  Brad Lander acknowledged the challenges of siting essential municipal facilities, such as waste transfer stations and homeless shelters, but noted that twenty years after the creation of the fair share rules, facilities are still concentrated in low-income and minority neighborhoods. Lander argued that in some cases the fair share process served as “window dressing,” or had been circumvented entirely. (read more…)