When it comes to enforcement of Atlantic Yards penalties, why is Democratic Mayoral nominee Mamdani so cautious (especially compared to Sliwa)?

In his Aug. 6 article in Gothamist, Yet another delay in Atlantic Yards housing plan. Developer still skirts millions in fines., journalist David Brand tried to put some mayoral candidates on the spot regarding the seemingly due $1.75 million a month in liquidated damages for unbuilt affordable housing, which Empire State Development, the state authority that oversees/shepherds the project, has neglected to pursue.

Two candidates were tough:

Republican candidate Curtis Sliwa said the state “should collect every dollar owed,” while independent candidate Jim Walden, a former federal prosecutor, called the decision to halt the fines a “rot on public trust.”

Notably, independent candidate Andrew Cuomo, whose administration in 2014 set the new 2025 affordable housing deadline, neglected to respond, and a spokesman for Mayor Eric Adams said--echoing the state's posture--that his administration was looking forward to progress on the overall project.

Curiously, the self-proclaimed Democratic Socialist candidate was cautious:

Dora Pekec, a spokesperson for Democratic nominee Zohran Mamdani, said Mamdani “believes developers should be held accountable for their commitments and will use every tool at his disposal to build the affordable housing our city desperately needs.”

Well, one tool is the bully pulpit, and he's declining it for now.

While it's not surprising that Adams would defer to the state, or Cuomo would punt--in both cases eschewing the opportunity to pressure the developers--Mamdani's caution is a bit surprising.

Why such caution?

Perhaps such caution, I speculate, is consonant with Mamdani's effort, after his surprising win in the Democratic primary, to build bridges to the establishment and the real estate industry.

Or perhaps he's trying to curry favor with, and avoid antagonizing, Gov. Kathy Hochul, who has yet to endorse him and controls the decision to not pursue--or even accrue--the liquidated damages.

Still, it seems in contrast with Mamdani's stated relentless focus on affordability.

Listen to the locals?

After all, he could take a cue from local elected officials who participated in a press release and signed a letter urging enforcement of the damages.

While signatories of the letter, led by Council Member Crystal Hudson, included fellow Democratic Socialists Phara Souffrant Forrest and Jabari Brisport, others included Hudson's colleague Shahana Hanif; Assemblymembers Jo Anne Simon and Robert Carroll; Borough President Antonio Reynoso; and Congressional Representatives Dan Goldman, Yvette Clarke, and Nydia Velazquez.

On this issue, Mamdani's to the right--so to speak--of all of them.

Note: one participant in the press release was Comptroller Brad Lander, who cross endorsed Mamdani, finished third in the ranked-choice voting, and could play a leading role in a Mamdani administration.

One Gothamist reader commented:

I’m sorry but it’s actually hilarious to me that Sliwa has a more forceful statement on this than Mamdani. What does saying “we want to build more affordable housing” have to do with the question of collecting late fees on this particular affordable housing project? Makes me think Mamdani would be just as beheld to the developers as every other mayor of my lifetime. Not that I’m a Curtis Sliwa fan but at least he had the balls to say the obvious truth about this project.

A Deputy Mayor deflects

Gothamist also noted:

Asked about the stalled affordable housing during an appearance on "The Brian Lehrer Show" last Friday, Deputy Mayor Adolfo Carrion clarified it was a state problem.

“It was a New York state government action and I think that's obviously different from the city,” Carrion said.

The segment is worth a listen, starting at about 17:10, because Carrión's clarity was very belated. A caller, Josh in Brooklyn, cited Atlantic Yards and asked: what does the city do when developers break their promises?

Carrión, the Deputy Mayor for housing, economic development, and workforce, initially avoided the question, talking generally about the city's affordable housing practices.

Then, when host Lehrer tried to redirect to the question, Carrión was again evasive, saying Atlantic Yards "is one of those areas that is in the process of continuing to evolve," citing the recently-approved Atlantic Avenue Mixed-Use Plan nearby, which will produce "thousands--tens of thousands of affordable units." (Actually: 1,900 are projected.)

Lehrer had to steer him back to the Gothamist story from May 29, which was headlined NY lets Brooklyn's Atlantic Yards owner skirt huge penalties for affordable housing failure. 

"Fair?" asked Lehrer.

"Yes," Carrión said. "In that case, and I don't recall all the details, the reference is to New York State, it was a New York State government action, and I think that's obviously different."

"It's fair," Lehrer pronounced. "It was state, not city." They then moved on.

However, that ignores the bully pulpit the mayor has--or can avoid.