Chinatown groups sue over late-night work on the borough jail; two Council bills on jail construction have had no hearing

Neighbors of the jail being built in Chinatown have gone to court over the hours the city now lets crews work there. The suit was filed last week by a local media arts center, two neighborhood advocacy groups and several residents, Gothamist reported on Saturday. It names the City of New York and the contractor, Tutor Perini.

The Chinatown building is one of four borough-based jails meant to replace Rikers Island. According to Gothamist, work mostly ran from 7 a.m. to 6 p.m. until early October. Then the city began issuing permits that allow weekday work from 6 a.m. to midnight, Saturday work from 9 a.m. to 5 p.m., and truck deliveries from 4 a.m. to 7 a.m. The city plans to keep renewing those permits until the jail is finished in 2032.

The lawsuit says city officials have estimated that without the extra hours, the jail would open two years later, in 2034, and cost $340 million more. It argues that the project's environmental review assumed mostly daytime weekday work, and that the city did not study the effects of the longer schedule. It asks a state judge to limit after-hours work to occasional, temporary use. A City Hall spokesperson told Gothamist the administration will respond in court.

For residents of the blocks around the site, the case could decide whether late-night drilling and early-morning deliveries continue for years.

What our records add

A jail construction coordinator bill has had no hearing. Int. 630, from Council Member Lincoln Restler, would amend the City Charter to create a coordinator for borough-based jail construction. Its co-sponsors are Christopher Marte, whose district includes the Chinatown site, Sandy Nurse and Selvena N. Brooks-Powers. It was introduced Feb. 12 and referred to the Committee on Criminal Justice. As of today it has waited 256 days without a hearing.

Neither has a bill on after-hours permits. Int. 636, also from Restler, would require an after-hours variance for the removal of construction debris. It has nine sponsors, including Gale A. Brewer, Crystal Hudson and Susan Zhuang. It has sat in the Committee on Environmental Protection and Waterfronts since Feb. 12. That committee has 91 pending items, 75 of them older than 180 days, according to our committee records.

Marte asked about the jail's cost in March. At the Council's March 25 budget hearing with the Office of Management and Budget, Marte asked whether $4.1 billion was still the accurate estimate for the Chinatown jail, and whether it would keep growing. A budget official said the project is fully funded and that the administration was looking for efficiencies. Marte said the community had an alternative plan that could save money and time.

Members asked the Buildings Department about after-hours work last week. At the Oct. 21 Housing and Buildings hearing on construction safety, Council Member Carl Wilson asked how much construction happens after hours and how many variances are requested and granted. A department official said the agency would have to come back with the numbers, and noted that it keeps a public map of approved after-hours variances. Another member then described complaints about work starting before 5 a.m. and running until 9 p.m. in their district, and asked what penalties apply.

The broader Rikers plan is also before the Council. Int. 881, from Nurse with 20 sponsors, would require a master plan for redeveloping Rikers Island for sustainability and resiliency. It is in the Governmental Operations Committee.

What's next

The case now goes to state court, where the city is expected to file its response. In the Council, neither Int. 630 nor Int. 636 is on a committee agenda. The Criminal Justice Committee meets again Tuesday, Oct. 27, on maternal health and the justice system (meeting). The next full Council meeting is Nov. 12.