Storefront gate law repealed days before deadline, DOB confirms visibility rule no longer applies
The City Council voted 51 to 0 on June 30 to repeal the transparency requirement in Local Law 75 of 2009, one day before it would have forced most commercial storefronts to swap solid roll-down security gates for versions that are at least 70 percent see-through. The Department of Buildings has since confirmed the visibility requirement no longer applies, ending months of confusion for the roughly 85 percent of gate owners the Brooklyn Chamber estimated were not yet in compliance.
Int. 910, sponsored by Bronx Council Member Althea Stevens, passed with more than 30 co-sponsors after weeks of emergency hearings once business owners realized a 17-year-old law was about to become enforceable. The bill grandfathers in every existing gate and applies the 70 percent standard only to new installations or replacements going forward. Because it passed unanimously, it is veto-proof and effectively law regardless of when Mayor Mamdani signs it.
For owners who had already spent money replacing a gate ahead of the deadline, there is no refund mechanism written into the repeal. Owners who were mid-permit with DOB for a gate replacement should confirm with their contractor and Registered Design Professional whether to continue, since new gates going forward will still need to meet the 70 percent standard once installed or replaced under normal wear.
The episode leaves two practical points for other overlooked local laws. First, DOB said throughout the debate that it has no unilateral authority to delay enforcement of a Council-passed law, only to decline issuing penalties while a repeal is pending, which is what it did here starting in May. Second, Int. 910 also directs DOB to run an actual outreach campaign and report back to the Council in six months, an acknowledgment that a service notice buried on a webpage in February was not sufficient notice for a mandate seventeen years in the making.
For businesses in landmarked districts or with gates that were part of a Certificate of Occupancy condition, the repeal does not touch landmarks review requirements that may separately apply to any future gate work.