Balancing Preservation with Growth: How Less Judicial Deference to Decisions Made by the Landmarks Preservation Commission Can Save New York City

Authors

Amy Cushman

Abstract

The New York City Landmarks Law of 1965, envisioning the preservation of historical treasures, empowered the New York City Landmarks Preservation Commission (LPC) with the authority to designate and regulate landmarks and historic districts. Originally established in response to public outcry over the loss of iconic architectural structures, the LPC aimed to safeguard the city's cultural, social, and architectural legacy. However, this note contends that recent LPC decisions, particularly the issuance of Certificates of Appropriateness for luxury residential construction involving partial demolition of landmarks, betray the original preservation goals. Delving into the legal recourse available under the New York Civil Practice Law and Rule Article 78, this note argues that the current level of judicial deference granted to the LPC demands reconsideration. Proposing the adoption of a "hard-look" approach, developed in response to concerns about regulatory capture in federal agencies, this note suggests that a heightened standard is imperative to counteract the alleged "capture" of the LPC by influential real estate developers, prevent unnecessary landmark destruction, and mitigate the commission's role in exacerbating the housing crisis and accelerating gentrification.

Recommended Citation

Amy Cushman, Balancing Preservation with Growth: How Less Judicial Deference to Decisions Made by the Landmarks Preservation Commission Can Save New York City, 89 Brook. L. Rev. 1221 (2024).
Available at: https://brooklynworks.brooklaw.edu/blr/vol89/iss4/5