New York
Some Urban Oases Are Closed to the Public
Good morning. It’s Monday. Today we’ll look at little public spaces around the city that add up to a big bonus for developers — and how some of them are not being used the way the developers promised.
They are a part of the cityscape in New York that you might never notice — privately owned public spaces, sometimes referred to as POPS, in the shadow of tall, newish buildings. The zoning incentives for these street-level urban oases make it possible for the buildings that tower over them to have more floor space, making them larger or taller than the city would normally allow.
But now, about one in five privately owned public spaces is not in compliance with the agreements the city struck with the developers who built the adjacent buildings. I asked our colleague Urvashi Uberoy, who with Keith Collins wrote an extensively detailed article about POPS last month, to take another look at the problems with these spaces.
You focused on nearly 600 privately owned public spaces — smallish parks or plazas — that are adjacent to about 400 buildings. The thing is, they’re right there in plain sight, but most of us never pay attention to them.
Exactly. You walk by them every day. That’s how I found this story. I saw a plaza in my neighborhood and I looked it up and found out about this web of spaces. Everyone interacts with them.
Or doesn’t. You looked at one building where the plaza has been closed for a long time, and the landscape architect who designed it said it breaks his heart to see it going unused, but it’s not the only one. Why do so many seem to be violating the terms of their agreements?
Building owners could potentially save on operating and maintenance costs.
Another reason is preventing homeless people from using the spaces. A lot of them are adjacent to luxury buildings. Sometimes, building owners introduce hostile architecture like spikes on ledges, which critics say discourages use and disproportionately targets people who are homeless.
Why did the city create the program for public spaces in the first place?
This was set up as a zoning incentive to bring light and air to a city that was rapidly becoming more dense. In 1961, the city thought a way of creating more open space was by encouraging developers to build these public spaces.
Interestingly, the city initially had virtually no requirements for these spaces, so many of the earlier spaces don’t even look like plazas. Some resemble driveways. There was no process of requiring features like seating in the beginning. There is now. But there were over 200 of these spaces built between 1961 and when the design requirements were put in.
Driveways were clearly not what were intended. What else did you find that goes against what city planners had in mind?
City inspectors have observed that some spaces don’t have signage indicating they are public, so people who walk by assume those spaces are for tenants of the building and they would be intruding if they stopped and sat down — when plazas are supposed to be open to everybody.
In 2017, the city passed a law that mandates that all of these spaces have signs identifying them as open to the public, but whether all building owners have complied and put up signs is still a question. A subset of the violations issued in the city’s most recent inspection cycle relate to missing signage.
You looked at one building in particular — 325 Fifth Avenue. What did the plaza there mean in extra floor space and in dollars?
By building the plaza, the developers of the building got nearly 50,000 extra square feet to build with, which translates to several extra floors. We got an appraiser to value the additional floor area. He said it was worth about $80 million if it was used for residential space.
What other violations did you find in your reporting?
On one end of the spectrum, we found violations for closures and privatization. On the other end, we found violations for spaces that had too many rules-of-conduct signs. You can’t have multiple rules-of-conduct signs in plazas because it makes them unwelcoming, and the city does not want that.
The rules listed on these signs are defined by the building owners and developers. The city doesn’t define a standard set of rules. When I was visiting these spaces for the story, I saw one sign that said “no skateboarding.” I saw another that said “no lying down on the ground.” Some building owners write the rules in a way that discourages people from using the spaces in ways they don’t want.
What about restaurants or cafes? Can there be a cafe in a privately owned public plaza?
That’s one of the main subcategories of violations. In our story, we highlighted Brooklyn Diner. In 2022, a city inspector found that Brooklyn Diner, a tenant of 888 Seventh Avenue, had illegally privatized the public plaza near the building. I visited a couple of weeks ago, and the restaurant still had tables and umbrellas laid out in the plaza.
Jerold Kayden, a lawyer and professor of urban planning at Harvard who is an advocate for keeping privately owned public spaces open to the public, calls this “cafe creep.” It’s partly a remnant from the pandemic, because when the pandemic happened, the city relaxed its rules concerning these spaces, allowing restaurants to occupy some privately owned plazas to create outdoor seating.
The interesting thing is the city doesn’t issue the violation to the restaurant owners. The building owners are the ones paying the fine, not the restaurants.
Some owners have been fined, but aren’t the fines almost infinitesimally small compared with the amount the developers have made from the extra space they got?
The standard penalty is $5,000. Aggravated offenses sometimes run up to $25,000. But that’s a drop in the bucket from what developers are making off the bonus area. We had an appraiser evaluate one square foot of space in Manhattan at $500. Twenty million bonus square feet, the amount of extra floor space we calculated the city has allowed for buildings that put in these public spaces, translates to $10 billion in added value.
We also saw that there are patterns with developers. Privately owned public spaces are a way for developers to gain more space to build with, and some of them have used the zoning provision again and again, across multiple properties.
What was the city’s reaction to your reporting?
We have not received any response from the Department of City Planning or the Real Estate Board of New York, which represents developers and building owners.
One reader suggested this proposal: When the city gives a developer permission to build a public plaza, the developer would put money into a city fund that would be in charge of maintaining these spaces. This would create a centralized maintenance system where it would be the city’s responsibility to manage these spaces.
Weather
Prepare for a chance of showers and thunderstorms, persisting through the evening, with temperatures near 80. At night, temps will drop to around the low 70s.
ALTERNATE-SIDE PARKING
In effect until Aug. 15 (Feast of the Assumption).
The latest New York news
METROPOLITAN diary
A pleco in Times Square
Dear Diary:
I was desperate to give my last pleco away. It was the only one left from a tankful of fish I had adopted from a neighbor.
Checking Craigslist, I found a posting that said, “Need large plecos/possible trade.” I contacted the poster, and we agreed to meet at the Times Square station on the platform for the A, C and E trains. I put my fish in a bucket of water and headed out.
New York
When Carter Went to the Bronx
Good morning. It’s Thursday. Today, on a national day of mourning for former President Jimmy Carter, we’ll look at Carter’s relationship to New York. We’ll also get details on the decision by the city’s Board of Elections not to fire its executive director after investigators found that he had harassed two female employees.
President Jimmy Carter flew to New York in October 1977 to tell the United Nations General Assembly that he was “willing” to shrink the United States’ nuclear arsenal if the Soviet Union matched the reductions. The next day, he did something unannounced, unexpected and unrelated to foreign policy.
He went to the South Bronx.
It was a symbolic side trip to show that he was willing to face urban problems. Leaders like Vernon Jordan of the National Urban League had already begun to talk about dashed expectations: “We expected Carter to be working as hard to meet the needs of the poor as he did to get our votes,” Jordan had said a couple of months earlier. “But so far, we have been disappointed.”
Carter, a Democrat, wasn’t satisfied with driving through neighborhoods dominated by desolation and despair. “Let me walk about a block,” he told the Secret Service agents accompanying him, and he got out of the limousine.
That morning in the South Bronx became an enduring memory of his presidency. But there are other New York memories to remember today, a national day of mourning for Carter, who died on Dec. 29.
There was the high of his nomination in 1976, at the first national political convention held in Manhattan since the Roaring Twenties.
There was also the not-so-high of his nomination in the same place four years later, when haplessness seemed to reign: The teleprompter malfunctioned during his acceptance speech. He flubbed a line about former Vice President Hubert Horatio Humphrey, calling him “Hubert Horatio Hornblower.” The balloons didn’t tumble from the ceiling when they were supposed to. And his long feud with Senator Edward Kennedy simmered on.
Another New York memory now seems as improbable as Carter’s candidacy had once been: a high-kicking photo op with the Radio City Rockettes in 1973. Carter, then a Georgia governor who had taught Sunday school, hammed it up with dancers who showed a lot of leg. (The governor, joining the kick line in his crisp suit, did not.)
Carter was an ambitious Navy lieutenant turned peanut farmer turned politician, and he understood what New York could do for him. The Carter biographer Jonathan Alter wrote that the publicity stunt with the Rockettes helped bring him name recognition, as did a full-page ad in Variety that showed him in a director’s chair. The ad, and that trip to New York, promoted a push to lure filmmaking to Georgia.
By the time Carter went to the South Bronx, 10 months into his presidency, New York was struggling to pull out of its “Ford to City: Drop Dead” abyss. But whatever hope Carter seemed to bring soon faded: A week later, during a World Series game at Yankee Stadium, the sportscaster Howard Cosell supposedly said, “Ladies and gentlemen, the Bronx is burning.”
“Somehow that sentence entered the language, though he never said that, or exactly that,” Ian Frazier explained in his book “Paradise Bronx.” “In any case, it’s what people remember.”
People yelled “Give us money!” and “We want jobs!” as Carter went by. On one ruined block, “he stood looking around, his expression blank and dazed,” Frazier wrote. “For a president to allow himself to be seen when he appears so overwhelmed required self-sacrifice and moral fortitude.”
With him was Mayor Abraham Beame, a lame duck — but not Representative Ed Koch, who had defeated Beame in the Democratic primary and would be elected mayor in November. The president and the mayor-in-waiting were feuding over Middle East policy.
Back at his hotel, Carter called it “a very sobering trip.” And as Frazier noted, the drive-by made America look at “this place that most had been looking away from.”
Politicians stopped looking away: The stretch of Charlotte Street that he visited became a stop on campaign after campaign. “Reagan went there in 1980 to try to show up Carter,” Alter said. But the policy Carter pushed for in response to the poverty he saw — changes that effectively forced banks to provide home loans in low-income neighborhoods — worked, Alter said. “It just took a while.”
A few years later, there were more than 100 suburban-style houses in the neighborhood Carter walked through. Today the houses are worth roughly $750,000 apiece, according to the real estate website Trulia.
“He cared about people — he wanted to help people,” Alter said. “Jimmy Carter was a rural Georgian, but he had a lot of empathy for New Yorkers who needed a break.”
Weather
Today will be mostly sunny and breezy with a high near 34 degrees. Tonight, expect a mostly clear sky, strong winds and a low near 26.
ALTERNATE-SIDE PARKING
In effect until Jan. 20 (Martin Luther King’s Birthday).
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City election board opted not to fire an official who harassed female workers
The New York City Board of Elections — which is responsible for registering voters, repairing voting machines and tallying ballots — refused to dismiss its top official after he harassed two female employees, according to a report released by the city’s Department of Investigation.
Investigators found that the board’s executive director, Michael Ryan, had “created a hostile work environment for these two employees” in violation of the board’s own policies. The investigation department added that those policies had “serious deficiencies” that limited the board’s ability “to effectively prevent and address workplace misconduct and harassment.”
The board released a statement defending its decision not to fire Ryan, who was suspended for three weeks without pay and ordered to attend sensitivity training. The board’s statement quoted Ryan as apologizing for his actions.
“While I dispute these allegations and disagree with the report’s conclusion,” he said, “I accept the determination of the commissioners” to suspend him as being “in the best interest of the agency.”
According to the report from the investigation department, Ryan made a series of sexual comments to one female employee over several months, some of which were accompanied by physical gestures such as puckering his lips at her or touching her face with his hand.
He also engaged in a conversation with Michael Corbett, the board’s administrative manager, in the presence of the woman about what the best age gap might be in a heterosexual relationship. The two men determined that the age difference between her and Ryan would not be a problem, investigators said.
Investigators said that Ryan’s conduct had caused the woman “significant anxiety and emotional distress,” which figured in her decision to leave her job.
Investigators also found that Ryan had made “ethnicity- and gender-based comments toward” a second female employee, including some that trafficked in racial stereotypes.
Corbett was also suspended for one week, placed on probation for one year and ordered to attend sensitivity training.
Rodney Pepe-Souvenir, the president of the board of commissioners that oversees the agency, and Frederic Umane, its secretary, said in the statement released on Wednesday that they believed the penalties Ryan was given “sent a strong message that these types of unwelcomed and insensitive comments will not be tolerated by anyone” at the Board of Elections.
METROPOLITAN diary
In the bag
Dear Diary:
I was waiting in line to pick up a prescription at a crowded Duane Reade. An older woman who was clearly exhausted left the line to sit down in a nearby chair.
When it was her turn to get her prescription, she stood up, left her belongings on the chair and went to the counter.
While waiting for the pharmacist, she turned and looked at the man who was sitting next to where she had been.
“You know what’s in that bag?” she asked, motioning toward her stuff.
The man shook his head.
“My husband,” she said. “He died last week, and I have his remains in there.”
— Brad Rothschild
Illustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.
Glad we could get together here. See you tomorrow. — J.B.
P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.
New York
Carole Wilbourn, Who Put Cats on the Couch, Dies at 84
Carole Wilbourn, a self-described cat therapist, who was known for her skill in decoding the emotional life of cats, as confounding as that would seem to be, died on Dec. 23 at her home in Manhattan. She was 84.
Her death was confirmed by her sister Gail Mutrux.
Ms. Wilbourn’s patients shredded sofas, toilet paper and romantic partners. They soiled rugs and beds. They galloped over their sleeping humans in the wee hours. They hissed at babies, dogs and other cats. They chewed electrical wires. They sulked in closets, and went on hunger strikes.
They suffered from childhood trauma, low self-esteem, anxiety, depression, jealousy and just plain rage. And Ms. Wilbourn, who was self-taught — in college she had studied (human) psychology and majored in education — seemed particularly attuned to the inner workings of their furry minds. A minor Manhattan celebrity, she was often called the kitty Freud, or the mother of cat psychiatry.
Cats hate change, she often noted. Even a new slipcover on the sofa can undo them. Cats are selfish. Unlike dogs, who strive to please their master, a cat strives to please itself. To mangle a cliché, happy cat, happy (human) life.
“A cat behaves badly when it’s trying to communicate,” she told The Los Angeles Daily News in 1990. “It’s sending an SOS. It’s saying, ‘Please help me.’”
Ms. Wilbourn developed her specialty over a half-century after founding The Cat Practice, billed as Manhattan’s first cats-only hospital, in 1973 with Paul Rowan, a veterinarian. She said she was the first feline therapist in the country, a claim that is not known to have been disputed.
She was the author of six books, including “Cats on the Couch” (first published in 1982), which offered case studies to help cat lovers better understand their furry friends. She treated patients as far away as Australia and Turkey (by phone), and made house calls as far away as Maui.
“Cats have emotions,” she said. “They get happy and sad and frustrated, and, since I understand emotions in people, I understand them in cats.”
She estimated that she had treated some 13,000 cats, and claimed a success rate of 75 to 80 percent. Take Snoopy, who didn’t like to be held and played rough when he was, and ran around in circles if he was over-excited. Sobriety, a 3-year-old tabby, scratched her own skin raw. Minina bit all visitors, and had to be locked away during dinner parties. Ms. Wilbourn’s diagnosis? Single cat syndrome. The treatment? Another cat, preferably a kitten; lots of attention, but not to the kitten; and, in Sobriety’s case, Valium.
She once treated a cat with Reiki energy healing after it had accidentally been run through the dryer.
Ms. Wilbourn’s go-to prescriptions also included New Age and classical music, recordings of whale songs and an abundance of treats, like catnip (a natural antidepressant, she pointed out). She also suggested canny behavior modifications by the humans, like having a new romantic partner feed the cat. She often recommended, in the days of landlines and answering machines, that humans call their pets and leave them cheerful messages. Her services did not come cheap. House-visits in Manhattan hovered at $400.
“If I lived anywhere besides a big city like New York,” she told The New York Times in 2004, “I’d be on food stamps.”
Carole Cecile Engel was born on March 19, 1940, in the Flushing section of Queens, one of four children of Harriet (Greenwald) and Gustave Engel, a taxi driver. There were no cats in their Queens apartment, but the family did have a canary named Petey. Carole graduated from Bayside High School and attended Albany State University’s School of Education before transferring to New York University, where she studied psychology and earned a Bachelor of Science degree in business education in 1964.
Her first cat was a part-Siamese named Oliver, whom she adopted through an ad in The Village Voice. She was working as a substitute teacher and a Playboy bunny before opening The Cat Practice with Dr. Rowan, whom she later married.
“She was very attuned to the animals, to their emotional states,” Dr. Rowan said in an interview. “It was very unusual for the time.” As a result, their business flourished.
An earlier marriage to David Wilbourn, a photographer, ended in divorce, as did her marriage to Dr. Rowan. In addition to Ms. Mutrux, her sister, she is survived by Orion 2, a Siamese.
Ms. Wilbourn was a dog lover too, and on occasion treated canines, though she never had a dog herself. But she had definite views about anti-cat people. In her experience, she said, some of those who claimed they were allergic to cats often just didn’t like them.
“A cat is a free spirit and will not be subservient,” she wrote in “The Inner Cat” (1978). “People who derive their gratification from giving commands that others must obey can be threatened by a cat. It’s hard to assert your sense of power over a cat.”
New York
Port Workers Could Strike Again if No Deal Is Reached on Automation
Ports on the East and Gulf Coasts could close next week if dockworkers and employers cannot overcome their big differences over the use of automated machines to move cargo.
The International Longshoremen’s Association, the union that represents dockworkers, and the United States Maritime Alliance, the employers’ negotiating group, on Tuesday resumed in-person talks aimed at forging a new labor contract.
After a short strike in October, the union and the alliance agreed on a 62 percent raise over six years for the longshoremen — and said they would try to work out other parts of the contract, including provisions governing automated technology, before Jan. 15.
If they don’t have a deal by that date, ports that account for three-fifths of U.S. container shipments could shut, harming businesses that rely on imports and exports and providing an early test for the new Trump administration.
“If there’s a strike, it will have a significant impact on the U.S. economy and the supply chain,” said Dennis Monts, chief operating officer of PayCargo, a freight payments company.
The union is resisting automation because it fears the loss of jobs at the ports. President-elect Donald J. Trump lent his support to the union’s position last month. “I’ve studied automation, and know just about everything there is to know about it,” he said on his website Truth Social. “The amount of money saved is nowhere near the distress, hurt, and harm it causes for American Workers, in this case, our Longshoremen.”
But figures close to Mr. Trump, like Vivek Ramaswamy, who the president-elect says will co-head an agency that will advise his administration on slimming down the government, have been critical of the union. In October, Republicans in Congress called on President Biden to use the Taft-Hartley Act to force striking longshoremen back to work.
And while the maritime alliance has agreed to a hefty raise, it may not be as ready to compromise on technology. Employers say that the technology is needed to make the ports more efficient and that they want the new contract to give them more leeway to introduce the sort of machinery that the union opposes.
To prepare for the potential closing of East and Gulf Coast ports, businesses have accelerated some imports, delayed others and diverted some to West Coast ports, said Jess Dankert, vice president for supply chain at the Retail Industry Leaders Association, which represents many businesses that import goods.
“Contingency plans are pretty well developed,” she said, but added that a strike of more than a week would have significant ripple effects that could take a while to disentangle.
The International Longshoremen’s Association declined to comment.
The cost of shipping a container has risen over 60 percent on average in the past year, in large part because attacks on shipping in the Red Sea have forced ocean carriers to travel a longer, more expensive route and use more vessels. And if the East and Gulf Coast ports close, some carriers recently said, they will add surcharges to shipping rates for containers destined for the ports.
In earlier negotiations, the union secured a deal that would increase wages to $63 an hour, from $39, by the end of a new six-year contract. With shift work and overtime, the pay of many longshoremen at some East Coast ports could rise to well over $200,000 a year. (At the Port of New York and New Jersey, nearly 60 percent of the longshoremen made $100,000 to $200,000 in the 12 months through June 2020, the latest figures available, according to data from an agency that helped oversee the port.)
But to get those raises, the union will have to reach a deal on the rest of the contract, including new provisions on automation.
The core of the technology dispute concerns “semi-automated” port machinery that does not always require the involvement of humans. At the Port of Virginia, humans operate cranes that load containers onto trucks, but the cranes can also arrange huge stacks of containers on their own.
The last labor contract allowed for the introduction of semi-automated technology when both parties agreed to work-force protections and staffing levels. But in recent months, leaders of the International Longshoremen’s Association criticized port operators’ use of semi-automated technology, contending that it will lead to job losses.
“Now, employers are coming for the last remaining jobs under the shiny banner of semi-automation,” Dennis A. Daggett, the union’s executive vice president, wrote in a message to members last month.
The employers want the new contract to let them introduce more technology. In a statement to The New York Times last month, the maritime alliance said it was committed to keeping the job protections in place, but added, “Our focus now is how to also strengthen the ability to implement equipment that will improve safety, and increase efficiency, productivity and capacity.”
Even with automation, hiring of longshoremen has gone up at the Port of Virginia, according to union records. An increase in the number of containers the port handles is largely behind the increase in hiring.
“The Port of Virginia is thriving with automation,” said Ram Ganeshan, professor of operations and supply chain at William & Mary in Williamsburg, Va. “They’re not mutually exclusive.”
Some labor experts said there was a model for compromise: The union could agree to more automation, and the employers would offer solid job guarantees.
The International Longshore and Warehouse Union, which represents dockworkers on the West Coast, agreed to a contract over a decade ago that “recognized that the introduction of new technologies, including fully mechanized and robotic-operated marine terminals, necessarily displaces traditional longshore work and workers.” The union got guarantees that its members would maintain and repair the machinery at the terminals.
Harry Katz, a professor at Cornell University’s School of Industrial and Labor Relations, said a deal on the East and Gulf Coasts was possible in part because the employers were profitable enough to offer job guarantees. “I do expect a compromise,” he said.
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