The League Joins Colleagues in Support of Legal Action Against NYS's Penn Station Plans

The amicus brief was filed in New York State Supreme Court in support of a lawsuit brought by the Penn Community Defense Fund, City Club of New York, ReThink NYC and residents of 251 West 30th Street.  It can be downloaded with full citations via the National Trust’s website.

The Preservation League of New York State, the National Trust for Historic Preservation, and the New York Landmarks Conservancy filed an amicus brief on Tuesday, February 21, 2023, supporting a lawsuit challenging New York State’s proposed demolition of several blocks around Penn Station.

Empire State Development Corporation’s proposed Pennsylvania Station Area Civic and Land Use Improvement Project (the Plan) is an effort to demolish eight National Register-eligible buildings and build 10 towers totaling over 18 million square feet surrounding NYC’s Penn Station. The League — along with our partners the National Trust and New York Landmarks Conservancy — strongly opposes the Plan’s proposal to demolish several city blocks.

This is a battle the League has been engaged in since early 2022, when the Penn Station Neighborhood was included on the 2022-2023 Seven to Save list, nominated by members of the Empire Station Coalition. As stated when that listing was announced, “The proposed redevelopment of Penn Station and the surrounding area has been met with intense criticism since it was first put forward in 2020. Despite revisions, the Plan still presents major issues — most notably the human impact of displacing thousands of residents and business owners and the environmental impact of needlessly demolishing buildings that could be retrofitted and put back to active use.”

Screenshot of a December 29, 2022 New York Times article. The headline reads: “Why New York State Insists That the Penn Station Area Is ‘Blighted’ The designation gives Gov. Kathy Hochul authority to transform the Manhattan neighborhood and build 10 skyscrapers there. A lawsuit is challenging her claim.” A background photo shows a section of Penn Station from street level with pedestrians walking by, pigeons flying, and one person lying down on the sidewalk in the foreground.

The fact that Penn Station itself is in need of major improvements is not at issue. However, New York State’s claim that the area surrounding the station is “blighted” seems grossly inaccurate. It could also set a dangerous precedent. As pointed out in a recent announcement from our colleagues at the New York Landmarks Conservancy, “ESD argues that the majority of buildings in the area are 50 years old or older. Since buildings have to be 50 years old to be included in the National Register of Historic Places, the brief notes that ‘ESD is effectively arguing that historic districts are inherently blighted.’” This area is home not only to numerous irreplaceable historic buildings, but also countless residents and bustling business activity. The area is not blighted by any reasonable definition.

The plan is hauntingly reminiscent of the failed “urban renewal” strategy of the 1960s in which city blocks were razed, and vibrant communities scattered, to make space for misguided building projects that failed to deliver promised benefits. Furthermore, the pre-pandemic plan to build new office towers now seems dated and out of step with current economic realities. In fact, the intended developer just recently delayed the project indefinitely. From a February 15 New York Times article: “Steven Roth, the CEO of Vornado, said that new construction was ‘almost impossible’ because of tight lending, while remote work was hurting the office market.”

Diana Al-Hadid’s “The Time Telling,” inspired by Alfred Eisenstadt’s iconic photograph of the famed clock that hung at the entrance of the original Pennsylvania Station. The 14’9” high x 14’1” wide mosaic was recently installed at a new accessible Penn Station entrance located at 7 Av and 33 St . From the MTA’s press release: “The artwork connects the past and present of this important station and offers a space for today’s riders and those of an earlier era to briefly meet in passing.”  (©Marc A. Hermann MTA)

Like the original Penn Station itself, once it’s gone, it’s gone. Along with our colleagues, the League urges New York State to consider more thoughtful solutions that combine historic rehabilitation with new construction that complements the neighborhood’s character and irreplaceable historic assets. Penn Station can be improved without resorting to mass demolition. At an event in January, ReThink Penn Station presented several thought-provoking, creative ideas that would improve the function and design of the station and provide welcome improvements to the public realm, without having to clear the surrounding blocks. The current Plan, by contrast, would have devastatingly adverse effects to National Register-eligible and National Register-listed historic buildings, including the Penn Station Service Building, St. John the Baptist RC Church Complex, and the Gimbel’s Skybridge, just to name a few.