Madison Square Garden’s 10-year extension of its operating permit — designed ostensibly to give the arena time to find a new home that’s not atop Penn Station — is halfway over with no sign of the Garden departing, leaving the possibility that New York City might have to evict the New York Knicks and Rangers come 2023. What would that actually look like? I did a deepish dive for Gothamist, and came up with this:
“We cannot think of other examples of special permits for building use with expiration dates,” Department of Buildings spokesperson Andrew Rudansky tells Gothamist. “Hypothetically, if a building’s special permit expired, causing the use of that building to be contrary to zoning, the Department may take enforcement actions to compel the owners to return the building to a previous Code and zoning-complaint use.”
The typical enforcement actions available to the DOB, Rudansky explains, include imposing civil penalties or fines. In cases of more routine violations, the department maintains a Padlock Unit that, true to its name, is authorized to padlock a premises and issue criminal charges against anyone who enters. (Cue visions of the Rangers being hauled off to The Tombs in full uniform and pads.)
To be clear, everyone I spoke to was pretty firm that they don’t expect this to happen: Lots of people may want the Garden gone to make way for a new above-ground Penn Station (either modern or retro), but that doesn’t mean anyone on the city council wants to be the target of headlines about forcing the Knicks and Rangers to leave town. (Not that they would leave town, since they’re the centerpieces of a New York–based cable network; the levels of gamesmanship here go all the way down.) But the threat of being able to shutter the garden if they wanted to has to be a part of negotiations for MSG to relocate, if those ever get started. (Neither council officials nor MSG officials would so much as tell me whether talks have even taken place.)
The concern here, obviously, is that MSG will come back with, “It’s going to cost us around $2 billion to acquire land and build a new arena, and we’re going to need city help with that, plus we need to be able to take our $50 million a year tax exemption to any new site,” and that the council will feel obligated to listen to make the Garden leave quietly. Not that they would be obligated to listen — they do have the hammer here of applying padlocks — but the fear of nasty tabloid headlines could end up putting New Yorkers on the hook for billions of dollars in new arena costs, which would be an extremely bittersweet way of undoing the city’s original sin.