NYC Takes Steps to Improve Privately Owned Public Spaces (POPS)

Everyone in the real estate community wants to improve living and working in New York City and Privately Owned Public Space (POPS) are a big part of many new construction projects. The idea behind POPS is simple, the city trades zoning concessions to property owners in exchange for designated public space that will be maintained by the owner. For example, in exchange for increasing the height a building is zoned for, a building owner may agree to maintain a public seating area with benches, tables and chairs. When designed well and maintained, the spaces enhance the quality of life of those in the area.

But sometimes old agreements are difficult to maintain over time. The office of the city comptroller recently completed an audit highlighting some deficiencies in the maintenance of some POPS by property owner as well as the city’s enforcement of the agreements. The audit identified more than 180 non-compliant properties in the city, many of which that had not been inspected in more than four years.

Recently, three new bills were introduced in the City Council to protect privately owned public spaces (POPS):

BILL 1

The first bill would raise penalties for building owners from $4,000 to $10,000 for first offenses, and to $20,000 for supplementary offenses. Additionally, a fine of up to $2,500 per month that a violation goes unattended can be assessed

BILL 2

The second bill would help hold landlords accountable by requiring the posting of easily readable signs for the public that explain what amenities should be available to the public under the agreement; the signs would also explain how to register complaints if the POPS is deficient.

BILL 3

The third bill called for the creation of a new website to register POPS complaints from the public. Additionally, the third bill would require POPS spaces to go through annual inspections.

There are more than 900,000 buildings in New York City and keeping them in full compliance with all aspects of the law is a monumental task. The city does the best that it can and is always looking for ways to improve. The three new City Council bills seem to be a step in the right direction that will help improve the lives of all New Yorkers and the millions of visitors each year.