“Reforming the substance of the law ensures that we are protecting tenant and owner rights while enabling the police department to shutter problematic locations in an efficient and informed manner,” Mark-Viverito said, thanking the Daily News and ProPublica “for bringing to light this important issue.”
Councilwoman Vanessa Gibson, who chairs the public safety committee, said the nuisance law is a “powerful tool” for quickly uprooting crime, noting a 2015 council amendment that added the sale of K-2 as a closable offense. “However, it has become clear that the wide and disproportionate usage of this law has negatively impacted law abiding New Yorkers, and New Yorkers of color in particular,” she said.
The council’s reforms would all but eliminate one of the most controversial aspects of the law: The city’s ability to close locations without warning, pending a resolution to the case.
After negotiations with the mayor’s office and the NYPD, the amended bills carve out exceptions only for cases involving prostitution, certain building code violations, and businesses that pose a significant risk of “physical harm” to the public. Businesses serving alcohol without a license could be subjected to a temporary restraining order, but not a closing order.
