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S 9683

Authorizes the city of New York to sell certain lands now or formerly under the waters of Whale Creek otherwise known as Wyckoff Creek, which was a tributary of Newtown Creek

2025 Regular Session Introduced by Kristen Gonzalez and 1 co-sponsor

Allows NYC to sell waterfront lands under Whale/Wyckoff Creek to abutting uplandowners for five years without bidding, with appraisals and safeguards.

REFERRED TO WAYS AND MEANS
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WeVote Research Nonpartisan
Bill Summary · S 9683

Overview

Bill S.9683-A (2025-2026 Session, New York) would authorize the City of New York to sell certain lands that are now or formerly under the waters of Whale Creek (Wyckoff Creek), which historically flowed into Newtown Creek. The measure sets conditions for such a sale, including eligibility, appraisal, and potential use of proceeds.

Purpose and intent

  • Allow the city to convey all or part of its right, title, and interest in lands now or formerly under Whale Creek/Wyckoff Creek.
  • Permit sales to eligible buyers without competitive bidding for a five-year window, under specified terms determined by the mayor.
  • Ensure the sale is subject to existing waterfront alienation rules, with protections and conditions described in the act.

Key provisions and changes

  • Section 1: Authorization to sell

    • The City of New York may sell all or any part of its interest in lands described as in Lot 1, Block 2612, Brooklyn (the area under or formerly under Whale Creek/Wyckoff Creek).
    • The sale is generally subject to the city’s charter provisions on waterfront land (Section 384), with limited exceptions provided in Sections 2 and 3 of the act.

  • Section 2: Restricted, five-year sale period without competitive bidding

    • For five years after the act’s effective date, the mayor may authorize the sale to an eligible buyer without competitive bidding.
    • The sale terms, price, and conditions are at the mayor’s discretion, within the framework of the act.

  • Section 3: Eligible buyers

    • An eligible buyer is defined as a person, persons, or entity that owns abutting upland real property at the time of the sale.

  • Section 4: Appraisal and financial safeguards

    • An independent appraisal of the lands to be alienated must be obtained before the sale.
    • If the sale proceeds do not equal the fair market value, the city must dedicate additional funds to acquire more waterfront property or to fund capital improvements to Brooklyn waterfront property to match the appraised value.

  • Section 5: Effective date

    • The act takes effect immediately upon enactment.

Who would be affected

  • Primary: The City of New York (specifically the Mayor and related agencies managing waterfront property in Brooklyn).
  • Eligible buyers: Property owners with abutting upland parcels adjacent to Whale Creek/Wyckoff Creek.
  • Potential beneficiaries/impacts:
    • Neighbors and upland property owners who might purchase the waterfront lands.
    • City balance sheet and waterfront planning, due to appraisal-based pricing and potential use of proceeds for further waterfront acquisitions or improvements.

Procedural and timeline details

  • Five-year sales window: The mayor may authorize non-competitive sales for five years after the act’s effective date.
  • Appraisal requirement: An independent appraisal must precede any sale.
  • Proceeds safeguard: If sale price is below fair market value, the city must compensate by funding additional waterfront acquisitions or capital improvements to Brooklyn waterfront property to reach equivalent value.
  • Legislative history: Introduced in the Senate, co-sponsored by Senators Julia Salazar and Kristen Gonzalez; underwent committee discharge and was sent to the Rules/Third Reading as of June 2026, with a home rule request noted.

Potential considerations and impacts

  • Policy rationale: The bill seeks to facilitate targeted transfer of waterfront lands to adjacent upland owners, potentially enabling redevelopment or consolidation of property parcels.
  • Valuation and equity: The appraisal requirement and the equalization mechanism (funding additional acquisitions/improvements if value is not met) are designed to protect public value.
  • Procedural nuance: The five-year non-competitive bidding period concentrates eligibility to abutting upland owners, which could limit broader market participation.
  • Environmental and planning implications: The sale could affect waterfront access, public views, and Brooklyn’s shoreline development, depending on the future use of the sold lands.

Compiled from official sources — confirm details with the bill’s official record.

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