Otherwise known as POPS or POPOS, pseudo-public space is often offered up by developers in exchange for the city giving them permission to add more floors or density than the current zoning allows for. An incentive pioneered in NYC's 1961 zoning ordinance revision, today, there are more than 500 spaces in the city legally reserved for public use on privately owned and managed real estate. One of these is the President's gilded Trump Tower.

In the late 1970s, the billionaire real estate mogul made a deal with the city to add restrooms, two upper-level public gardens, and an atrium with a 22-foot long stone bench so he could build 20 more floors onto the-then 38-story building. Shortly after the building's completion, the promised bench, in Trump fashion, was removed leading to a 30-year scandal resulting in multiple fines including one for $10,000 issued by the Department of Buildings. Making matters all the more insulting, the bench's place went to a kiosk hawking the man's self-promoting merchandise.

Eventually, the public seating returned but it now appears the President is still not making good on his promise of public space. A new review of POPS, issued by NYC Comptroller Scott Stinger, found the following offenses at Trump Tower: a public seating area was blocked off with a metal barricade, 16 of the 21 outdoor tables were fenced off, the fountain was not working, and several required signs were not on display.

To be fair, Trump is far from the only building owner to lapse on his promises. The review was issued by Stinger after his latest audit found 182 out of 333 sites to be in violation of their agreement, obstructing or restricting entry to the public. Looking at a sample of just 34, Stinger's office found more recently in their second audit that 32 of these sites were still non-compliant.