Had the ESDC disclosed the terms of the Development Agreement that were being negotiated when the petitions were initially heard, or brought the Agreement to the court’s attention promptly after it was executed... the balance of the equities may have favored a stay..."
—New York State Supreme Court Justice Marcy Friedman*
Brooklyn's elected officials demand new commitment for Atlantic Yards' affordable housing in advance of sale of Forest City Ratner's interest in project
BROOKLYN, November 15, 2013: Today, a coalition of Brooklyn elected officials, who represent the communities surrounding the Atlantic Yards project, and prominent civic groups, gathered at the Fifth Avenue Committee to call on Forest City Ratner Companies (FCRC), Governor Andrew Cuomo and the New York State Empire State Development Corporation (ESDC) to accelerate the delivery of the 2,250 units of affordable housing promised at the site and acknowledge in the newly required environmental impact statement, the socioeconomic damage to the community from the delay. The coalition also presented demands that must be met before FCRC is allowed to sell a majority interest in the Project.
State court decision acknowledges misrepresentations by ESDC may have enabled construction of Barclays Center to proceed
In a decision issued yesterday, New York State Supreme Court Justice Marcy Friedman confirmed what many observers of the Atlantic Yards project have long suspected: if the Empire State Development Corporation (ESDC) had fully disclosed the terms of its 2009 agreement with Forest City Ratner Companies (FCRC), the Barclays Center arena might not have been built. Justice Friedman’s decision granted a motion filed by BrooklynSpeaks sponsors for recovery of legal fees from a 2009 suit challenging ESDC’s approval of changes to the Atlantic Yards plan. Those changes allowed FCRC to extend the construction of the residential portion of the project—including the majority of its promised affordable housing—from ten to twenty-five years.
In legal papers filed in response to BrooklynSpeaks’ 2009 suit, ESDC had suggested its agreement with FCRC included provisions to ensure the completion of Atlantic Yards on its original ten-year schedule. However, ESDC delayed releasing the text of the agreement to the Court prior to arguments being heard in the case. Yesterday, Justice Friedman wrote, “Had the ESDC disclosed the terms of the Development Agreement that were being negotiated when the petitions were initially heard, or brought the Agreement to the court’s attention promptly after it was executed, construction would not have been as advanced on the arena at the time of the court’s determination requiring an SEIS, and the balance of the equities may have favored a stay pending preparation of the SEIS.” If such a stay had been issued after initial arguments, FCRC’s access to $500 million in bond financing for arena construction would have been in jeopardy.
On Thursday, March 14, 2013, public comments on the Draft Scope of Work for the Atlantic Yards Supplemental Environmental Impact Statement were due to the Empire State Development Corporation. A statement from the BrooklynSpeaks sponsors follows, as does a link to BrooklynSpeaks' full response.
The BrooklynSpeaks sponsors appreciate the opportunity to respond to the Draft Scope of Work for the Atlantic Yards Supplemental Environmental Impact Statement (SEIS). We note that the need for a SEIS was cited prior to the approval of the 2009 MGPP, not only by our organizations but by nearly every local elected official representing the neighborhoods surrounding the Atlantic Yards project. We sincerely regret that litigation was required to compel the study anticipated by the draft scope, but look forward to working constructively with the ESDC to ensure that the SEIS it prepares will be a new starting point from which the stated objectives of the Atlantic Yards project can be achieved on a timely basis, through a transparent process with public accountability.