NYCLU opposes city’s request for ownership of I-81 land

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The New York Civil Liberties Union is fighting the City of Syracuse’s request to regain control of land surrounding the I-81 highway as part of the city’s community grid project.

NYCLU says the plan will open up pathways for gentrification and displacement by pricing out long-time residents, leading to a repeat of the discriminatory land use policies that the city used to first complete construction of the highway in the 1950s. City officials argue they want to prioritize affordable housing while also expanding the land for further development.

After passing the ReZone Syracuse ordinance in July, the city requested that New York State return land surrounding the I-81 viaduct for city use as part of the I-81 community grid project. The ReZone ordinance — Syracuse’s first rezoning effort since 1967 — adjusted the city’s code for housing, property development and use with changed demographics in mind.

NYCLU rallied on Aug. 22 alongside other community organizations, such as the Syracuse Tenants Union and Families for Lead Freedom Now, to voice their concerns regarding the city’s post-ReZone plan.

Lanessa Owens-Chaplin, director of NYCLU’s Racial Justice Center, said that although the city’s community grid project outlines an accessible area for all, city ownership of the land would negatively impact the community.

“The reason why it’s harmful is because the city hasn’t really shown any type of plan or proposal to do with the land to make sure that the community is protected during this process,” Owens-Chaplin said.

She said that since the ReZone ordinance allows for mixed land use in the impacted area, it is likely that private developers will come in to build complexes that will price out lower-income residents because of higher rent and property taxes.

“Syracuse isn’t wrong with saying ‘hey, we want to have this mixed use development,’” she said. “However, the pivotal piece of that is, how are you going to maintain its affordability because with mixed use comes elevated prices of rent? When you have a Whole Foods on the first floor of your apartment complex there, those rents are going to be a lot higher than they currently are.”

The organization was involved with the city’s rezoning process, Owens-Chaplin said, and while it originally pushed for a mandate of 30% affordable housing, the final ordinance includes a mandate for 10% affordable housing citywide. Joe Driscoll, the city’s I-81 director, said that this mandate will significantly increase the amount of available affordable housing.

“You can ask any developers and the development community, putting in a 10% mandatory affordable housing requirement in any development greater than 20 units is a major step as far as trying to regulate affordable housing into the city’s fabric,” Driscoll said.

The NYCLU is recommending that the New York State Department of Transportation take over the land use, which Driscoll said he opposed because housing doesn’t fall under the department’s jurisdiction and lacks the resources needed to deal with housing.

Owens-Chaplin said the NYSDOT has, unlike the city, previously demonstrated “good faith efforts” to meet community members’ needs in Syracuse.

“We’re calling them in to say, here’s an issue that we see will create displacement for residents. The city of Syracuse has an active plan that will in fact spur this displacement,” Owens-Chaplin said.

Driscoll said that while he strongly disagrees with the NYCLU’s characterization of the city in regards to the affordable housing concerns, he thinks the city and NYCLU are working toward the same goals. He said the city wants affordable housing and economic growth to be the primary focuses of any development moving forward.

He also said that although he’s heard people express concern about the city tearing down affordable housing and not building it back, federal regulations ensure each new housing unit has a one-for-one return on affordable housing. He said he wants to continue engaging with the community as the city moves forward with developing the area.

“People are going to need to see a few buildings go up that are good quality,” Driscoll said. “A lot of people have said to me that we’ve been talking about taking this highway down for 10-plus years now, and they’re tired of talking about it and hearing about it. They want to see some action.”

Owens-Chaplin said that while she understands the city’s plan for mixed-use development in the area, the pivotal aspect is maintaining affordable rents. The area’s residents are primarily living in affordable housing and are fearful of their families being displaced, she said.

“When you start adding those amenities to communities, you have to also protect both residents who currently live there,” Owens-Chaplin said. “That’s the piece that Syracuse did not do, and that’s why we’re asking the state to do that.”

Driscoll pointed to city efforts to connect with community members and hear their concerns about housing throughout the I-81 community grid rebuilding process. He said since he took on the role of I-81 director last June, he and his colleagues spent a week gathering feedback at the Dr. King Elementary School in addition to canvassing the area.

Michael Greene, common councilor at-large, said the Common Council does not yet have specific policy plans outlined for the land — but, Greene said, that’s by design. The council wants to have further discussions with community members about the needs they see, he said.

The land that the Common Council is specifically requesting is a four-acre parcel of highway, Greene said, with no housing units currently on it.

He said there is a balance between having too much investment in an area, yielding rapidly rising rents that outprice residents, and having too many vacant lots and properties, an issue apparent in Syracuse.

“The city is clearly the right entity to own it, I mean, we’re elected by every resident in the city, so, to the extent, you know, the city does something that is inappropriate there’s like a direct line to residents to speak out and fire us,” Greene said.

Owens-Chaplin said the NYCLU is continuing to push for state ownership so the I-81 project doesn’t harm the surrounding community.

“The type of untethered development that the current rezoning plan (has) will certainly create displacement in that footprint, once that available land becomes available,” Owens-Chaplin said. “We think the New York State DOT is in the best position and also they have an obligation to make sure that their project doesn’t harm the community. Once again, make sure history doesn’t repeat itself.”