M14_ What Do Mayors Actually Do?
A consistent theme in the history of New York City governance is the tension between the Mayor’s absolute executive control over the public housing system and the political utility of using the private real estate market as a theater for policy "revolutions" and diversions. While the public housing system remains in a state of "precarious conditions" with a $78 billion capital repair backlog, the mechanisms of mayoral power are often directed toward high-profile private-sector reforms.
Martin O. W. DuPain
1/6/20263 min read


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Unilateral Mayoral Power: Control Without a Vote
Contrary to the perception that the Mayor is stymied by legislative gridlock, the City Charter and State Law grant the Mayor direct, unilateral authority over the most critical components of the city’s housing landscape:
* Absolute Control of NYCHA: NYCHA is a public-benefit corporation controlled entirely by the Mayor. The Mayor has the sole power to appoint all seven members of the board, and the Chairperson serves "at the pleasure of the Mayor". This means the Mayor can restructure NYCHA leadership—as seen when Mayor Adams unilaterally split the Chair and CEO roles in 2022—without seeking a single vote from the City Council.
* The Rent Guidelines Board (RGB): The Mayor appoints all nine members of the RGB. This board has the power to set rent adjustments for nearly one million rent-stabilized apartments, representing over 40% of the city’s rental stock. While the board is meant to exercise independent judgment based on economic studies, it is an indirect lever through which the Mayor can effectively freeze or raise rents for two million residents.
* Agency Direction: The Mayor directly oversees the Department of City Planning (DCP) and the City Planning Commission (CPC), setting the "affordable housing agenda" and targets that city agencies are directed to implement.
Key Insights - Legal Limitations and the Private Property Barrier
While the Mayor is powerful, there are hard legal boundaries that prevent the executive from interfering with private property in ways that violate state or federal laws:
* State Preemption (The Urstadt Law): The Mayor has no direct control over rent regulation laws, which are governed by New York State. The city's "home rule" in this area is denied by the Urstadt Law, meaning the Mayor must lobby Albany for any fundamental changes to the regulatory system.
* Legislative Necessity: The Mayor cannot unilaterally pass laws or zoning changes. Any rezoning or mandate affecting private property must pass through the Uniform Land Use Review Procedure (ULURP), which requires the final approval of the City Council.
* Property Rights and "Spot Zoning": The Mayor and the CPC cannot map zoning districts that benefit or harm a single specific property owner exclusively, as this may constitute "spot zoning," which is legally impermissible.
The sources suggest that because the Mayor possesses unchecked power over NYCHA, the "squalid conditions" and repair failures of the authority (such as the recent 20-story shaft collapse at the Mitchel Houses) represent a direct administrative failure. To mitigate this responsibility, city leadership often pivots to the private market:
* Charter Revision as Power Shift: In 2025, the Mayor-appointed Charter Revision Commission (CRC) approved ballot questions to "fast-track" housing production by shifting power from the City Council to the Mayor. This focuses political energy on streamlining private development rather than fixing existing public units.
* The "Selling Onward" Strategy: Under plans like NYCHA 2.0, the city has used federal programs (RAD/PACT) to move public housing into private management. Once converted, the oversight of the federal monitor and the courts becomes "limited," effectively transferring the daily operational burden—and the liability for failures—away from the Mayor’s office to private entities.
Conclusion
The Mayor already possesses the unilateral power to fix NYCHA, as the agency is a direct appendage of mayoral authority. However, because the financial and operational reality of public housing is so "beleaguered," mayors often focus on private market issues—like broker fee reforms (the FARE Act) or Rent Guidelines Board appointments—to maintain a high-profile housing agenda while outsourcing the accountability for the city’s own crumbling housing stock to the private sector.
You might think of the Mayor as an owner of a massive, historic estate that is falling apart. Instead of using his absolute power to hire the right contractors and pay for the repairs, he spends his time lobbying for new rules on how his neighbors' smaller houses are built and sold, while slowly leasing out his own rooms to private hotel managers so he can stop answering the door when the roof leaks.
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