Community Benefits Agreement - Concerns and Issues

Concerns and Issues

Although numerous CBAs have proven to be successful tools to improve the economic development process, a variety of criticisms have emerged. Perhaps the most significant criticism is that CBAs offer no way to ensure that they are truly representative of community needs and desires. The Atlantic Yards CBA, for example, has been criticized because it was negotiated by only a handful of community groups, all of which are receiving funding from the developer, while many other community groups were excluded from the negotiations. A report from the New York City Bar Association has also questioned whether CBA negotiators will drive appropriate bargains with developers, and whether CBAs will interfere with the planning process. Various legal problems relating to exactions and consideration may also weaken the effectiveness of CBAs.

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