Last spring, a judge threw out NYU’s challenge to a key provision in the SoHo/NoHo rezoning that we had fought hard to secure, which maintained a prohibition on most private university development in the area, as the prior zoning had done. That provision was added as part of the City Council’s approval of the rezoning.

However, earlier this month, the New York State Appellate Division reinstated NYU’s case, saying they did not have to wait until they had an actual project they were seeking to pursue before they could challenge the legality of the provision, setting up the case to be heard on the merits. NYU claims they are being unfairly and unconstitutionally discriminated against because the new zoning for the area maintains the old zoning’s restrictions on private university expansion, even as it has massive giveaways for other types of development. NYU wants in on the developer free-for-all that the SoHo/NoHo/Chinatown Upzoning and Displacement Plan put on the books.

This case will likely take some time to wind its way through the courts. We’re consulting carefully with allied community groups including the Coalition for Fairness in SoHo and NoHo and Councilmember Christopher Marte to ensure we do everything we can to oppose this troubling and potentially damaging lawsuit.