N.Y.C. Charter § 197-g: Section 197-g. Affordable housing appeals board.

a. There shall be an affordable housing appeals board to consist of the mayor, the speaker of the council, and the affected borough president, or the designee of each such member.

b. The affordable housing appeals board shall have the power to review actions of the council that meet the following criteria:

1. Such action is taken pursuant to subdivision c of section one hundred ninety-seven-d;

2. Such action disapproves or approves with modifications an application that would directly facilitate the development of affordable housing, including but not limited to actions that include the application to specified parcels of real property a program established in the zoning resolution that mandates that any new housing on designated lots include minimum percentages of permanently affordable housing equivalent to or exceeding the requirements under any mandatory inclusionary housing program, and related actions that directly facilitate such housing, such as special permits that modify residential bulk regulations or remove required residential parking; and

3. The application does not include land located in two or more boroughs or relate to an urban renewal plan filed pursuant to paragraph eight of subdivision a of section one hundred ninety-seven-c.

c. The board shall review such action by the council if, within five days of such action, the applicant requests review of such action by the board or each of at least two members of the board state in separate writings to the department of the city planning that such action should be reviewed.

d. Within fifteen days of an applicant requesting review by the board or the date by which two or more members of the board state in writing that such action should be reviewed, the board shall (i) hold a public meeting, after giving public notice not less than five days in advance of such meeting, and (ii) take final action on the decision. The board may, by an affirmative majority vote, approve an application disapproved by the council, or reverse one or more modifications made by the council, provided that any modifications made by the board shall be limited to removing one or more modifications made by the council and restoring, in relevant part, the application as it was approved by the city planning commission. If, within the time period provided for in this subdivision or subdivision e of this section, the board fails to act or fails to act by the required vote, the board shall be deemed to have affirmed the decision of the council.

e. The board shall not approve with modifications an application subject to its review if the city planning commission has determined pursuant to this subdivision that additional review of the modifications is required. Prior to approving a decision of the council with modifications, the board shall file any such proposed modifications with the commission, provided that the board need not file such proposed modifications with the commission where such modifications wholly restore the application as it was approved by the city planning commission. Within fifteen days of such filing, the commission shall file with the council a written statement indicating whether such proposed modifications are of such significance that additional review of environmental issues or additional review pursuant to section one hundred ninety-seven-c is required. If no additional review is required, the board may thereafter approve such proposed modifications. The time period for board action shall be tolled during such fifteen-day period, provided, however, that proposed modifications may be referred to the commission pursuant to this subdivision only once with respect to each application or group of related applications under review by the board.

f. The city planning commission shall promulgate rules for determining whether an application directly facilitates the development of additional affordable housing, as set forth in paragraph two of subdivision b of this section.

(L.L. 2025/177, 12/2/2025, eff. 12/2/2025)