Remove Building Setback Rules on Eastern Parkway
Enacted on Oct 26, 2026
Signed into Law
Local Law 2026/159
✦ Plain-Language Summary
This bill would eliminate current rules that require buildings to be set back a certain distance from Eastern Parkway between Ralph Avenue and Bushwick Avenue in Brooklyn. Removing these restrictions could allow for new construction or building modifications closer to the street along this stretch of Eastern Parkway.
The story behind this bill
Why it was introduced
A 19th-century rule requires buildings along Eastern Parkway and its extension to be set back 30 feet from the street, to preserve a greenway. Along the extension (Ralph Avenue to Bushwick Avenue), more than 155 tax lots already have buildings built within 30 feet of the street, so the sponsor says the rule no longer serves a land-use purpose and blocks affordable housing projects from getting funding.
At the hearings
Committee on Land Use · 2026-07-14
The committee heard the bill as introduced. Sponsor Council Member Nurse explained the bill would let a stalled affordable housing project with a community center move forward. One council member asked to have her district removed from the bill, and one resident testified.
In support
- Council Member Sandy Nurse (sponsor): The setback rule blocks an affordable housing project and community center at Bushwick/Eastern Parkway from moving forward.
- Christopher Leon Johnson (resident): Supports the bill because the area needs more housing.
Raised concerns
- Council Member Darlene Mealy: Wants her part of the district removed from the bill and more time to inform constituents; warns setback removal could raise property taxes.
- Christopher Leon Johnson (resident): Says the bill should also address poor transportation, lack of traffic calming, and a nearby shelter.
City agencies: The Department of City Planning submitted written testimony supporting the bill, according to the committee chair.
“This proposal came about because of a BSA variance.”
“I just ask my colleagues to keep that in mind.”
Show 1 more hearing
Committee on Land Use · 2026-09-24
The committee voted on an amended version of the bill that narrowed the area where the setback rule would be removed, now running from Rockaway Avenue to Bushwick Avenue. No members raised comments, and the bill passed.
In support
- Committee on Land Use: Approved the amended bill without objection.
“We will vote to approve Intro 833-A, bill from Councilmember Sandy Nurse, to address the outmoded building restrictions along portions of Eastern Parkway in Brooklyn.”
How it turned out
The committee amended the bill on September 24, 2026 to narrow the area where the setback is removed to Rockaway Avenue through Bushwick Avenue, protecting buildings already built there from being treated as violations. The committee then approved it 11-0 (2 absent), and the full Council passed it 46-0. It now awaits the Mayor's signature.
What changed along the way
- Narrowed the area losing the setback rule from 'Ralph Avenue to Bushwick Avenue' to 'Rockaway Avenue to Bushwick Avenue,' keeping the rule between Ralph and Rockaway.
- Added language stating buildings already built between Rockaway and Bushwick Avenues before the law takes effect won't be considered violations.
What the record doesn’t say
- The documents do not explain why the amended boundary was moved specifically to Rockaway Avenue instead of fully removing the carve-out Council Member Mealy requested.
- The record does not say whether Council Member Mealy's request to exclude her district was addressed before the final vote.
- The transcripts do not explain what happened between the July hearing and the September amendment that led to the final boundary change.
Sources
- Memorandum in Support
- Fiscal Impact Statement - City Council
- Committee Report 7/14/26
- Proposed Int. No. 833-A Fiscal Impact Statement - City Council
- Committee Report 9/24/26
- Committee Report - Stated Meeting
- Hearing Transcript - Land Use 7/14/26
- Hearing Transcript - Land Use 9/24/26
Written by AI from official Council records. Votes and status come from the record; quotes are checked word for word against the official hearing transcripts.
Details
- Introduced
- Apr 16, 2026
- Passed Council
- Oct 24, 2026
- Enacted
- Oct 24, 2026
- Body
- Committee on Land Use
- Type
- Introduction
- Status
- Enacted
Sponsors (1)
Official Description
This bill would repeal certain building setback restrictions along Eastern Parkway in Brooklyn from Ralph Avenue to Bushwick Avenue.