New York City

Council Push To Grab ‘Zombie’ Buildings Rekindles Third-Party Transfer Fight

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Published on March 02, 2026
Council Push To Grab ‘Zombie’ Buildings Rekindles Third-Party Transfer FightSource: Wikipedia/Momos, CC BY-SA 3.0, via Wikimedia Commons

The City Council is trying to bring back a revamped Third‑Party Transfer program that would let the city pull badly neglected, tax‑delinquent buildings away from current owners and pass them to preservation buyers, but only after a series of new guardrails meant to protect smaller owners and tenants. Supporters cast the overhaul as a surgical enforcement tool to stabilize hazardous housing. Critics warn it could again strip Black and brown homeowners of hard‑earned equity. The central question is whether the bill’s new procedures and claim process are enough to avoid repeating the program’s earlier excesses.

The Bill At A Glance

The legislation, introduced in the City Council as the Housing Rescue and Resident Protection Act, would scrap the city’s old Third‑Party Transfer law and replace it with updated rules on notice, property selection and owner redemption, according to the City Council’s Legistar. The docket lists the measure as Intro. No. 657 and shows dozens of co-sponsors lining up behind a broad rewrite that is supposed to zero in on the most distressed buildings.

How The Reboot Would Work

Under Councilmember Sanchez’s redesign, the city would flag “distressed” properties with a scoring system that multiplies a tax‑arrears ranking by a violations ranking, pushing the worst cases to the top of the list. Eligibility would also widen to cover vacant lots and unoccupied buildings. The proposal drops the old “block pickup” rule, which had allowed relatively healthy neighboring properties to get swept into transfers, and it creates a formal path for owners to recoup any surplus from a sale by applying within a 10‑week window and securing an independent appraisal, as reported by The Real Deal.

Support and Skepticism

Tenant organizations and preservation nonprofits have largely welcomed the push, arguing that stronger outreach and carve‑outs for seniors, veterans and people with disabilities address some of the worst abuses of the prior program, according to a council press release summarizing supporters’ statements. Long‑time housing advocates backing the bill say that, with careful design, the tool could flip from a blunt takings machine into a way to keep tenants in place and buildings habitable. On the other side, real‑estate interests and small‑owner advocates remain uneasy and are tracking negotiations closely, with local coverage describing a cautious, wait‑and‑see posture from trade groups. For background on the long‑running controversy and earlier reform efforts, see Gothamist.

Why It’s Moving Now

Lawmakers say the timing reflects a spike in hazardous housing conditions and a need for another enforcement lever. HPD logged roughly a 32 percent rise in Class B and Class C violations in Fiscal 2024. According to HPD’s Mayor’s Management Report, both violations and complaint volumes climbed sharply last year, ratcheting up pressure on oversight committees to act. A council hearing on the bill is scheduled for early March as part of the committee process, and city spokespeople say the Mamdani administration is engaging on a redesign that would bake in the owner protections laid out in the draft, per reporting by The Real Deal. HPD has also told reporters it has stabilized thousands of homes through past preservation work, a point officials use to argue the transfer tool can be effective if properly retooled.

Legal Implications

The old version of the program triggered a federal court fight. Homeowners who lost properties in earlier rounds filed suit starting in 2019, and those still‑pending cases remain a live part of the political debate, as described in local coverage of the litigation. For more on the class‑action challenge, see PoliticsNY. Legal scholars also point to a major 2023 U.S. Supreme Court decision, Tyler v. Hennepin County, which curbed governments’ ability to keep surplus sale proceeds and bolsters the argument for a formal recoupment process, according to the opinion and related analyses. The ruling, summarized in the court’s decision, is already shaping how lawyers and officials think about what must happen to surplus funds and when those dollars have to flow back to former owners (Tyler v. Hennepin County).

With a key committee hearing on the calendar and fresh data showing persistent housing hazards, both advocates and skeptics are gearing up for a fight that could redefine how New York City handles its most troubled buildings, and that will test whether a revamped transfer tool can protect tenants without repeating the damage of the past.