Respondent previously relied on an agency email waiving excavation requirements. On March 11, 2015 a Department of Buildings inspection officer issued notices of violation to Monadnock Construction for thirty building sites along the length of Egan Street in East New York, Brooklyn. The notices were issued because the construction sites had begun excavation without notifying Buildings and obtaining excavation numbers for each site. Monadnock contested the notices and argued they submitted the necessary AI-1form to obtain a Buildings waiver of all excavation requirements for the thirty sites. Monadnock presented an email from a Buildings assistant plan examiner confirming the excavation requirements for “all Egan Street” were waived. The hearing officer decided in favor of Monadnock, finding they reasonably relied on the Buildings statements. Buildings appealed.
(more…)
HPD brought charges of tenant harassment against an Aimco-owned building in the Upper West Side. Image credit: HPD
Testimony showed landlord Aimco routinely ignored maintenance requests and issued baseless eviction threats. The NYC Department of Housing Preservation Development charged Aimco with a dozen different forms of harassment against their tenants. Aimco is the owner of the Tempo, a Class A hotel at 238-244 West 73rd Street, with 150 rent-stabilized single-room occupancy (SRO) units and 75 SRO units rented at market-rate. Aimco’s representative, John Bezzant, denied the charges and petitioned for a certificate of no harassment. On January 5, 2015 Administrative Law Judge Kevin F. Casey found sufficient evidence of harassment and recommended denial of Bezzant’s petition.
(more…)
Owner of individual landmark was ordered by Buildings to obtain a permit to correct illegal work. On September 10, 2013, Marilyn Levine, owner of an individually landmarked 1846 Greek Revival townhouse at 5 West 16th Street in Manhattan, was issued a notice of violation (NOV) by the Department Buildings for failing to comply with an order to obtain a Buildings permit to correct a violation for work done without a permit. The original violation was issued on June 10, 2013. (more…)
Respondents argued DOB-approved alteration plans sufficient to change occupancy of premises from cabaret to adult establishment. On October 13, 2011, the City’s Department of Buildings (DOB) issued notices of violations to 725 7th Avenue Realty Co. for illegal use of the premises as an adult establishment, as well as illegal use of the second floor and cellar. The premise is currently occupied by the Lace Gentlemen’s Club located at 725 7th Avenue in Manhattan.
The premises’ Temporary Certificate of Occupancy (TCO) allows for the cellar to be used for storage, the first floor as a cabaret, and the second floor for retail. However, the issuing officer found the cellar being used as the entertainer’s lounge, and the first and second floors as an adult establishment. The owner argued that altering the cabaret to an adult establishment was allowable since both are within zoning use group 12, as well as occupancy group F-4, as stated in the TCO. Both of these groups cover eating and drinking establishments with dancing and entertainment. In addition, the owner argued that DOB already approved the alteration plans but admitted the TCO did not reflect the approved changes. At the hearing, the administrative law judge (ALJ) upheld the violation finding the use as an adult establishment, and the cellar and second floor uses were illegal occupancies since it didn’t adhere to the TCO.
(more…)
175 Grand Street, Brooklyn
Company argued that two promotional contest signs installed at bodega were accessory signs. On September 9, 2010, the City’s Department of Buildings issued four notices of violation to Contest Promotions NY LLC for two signs installed at the New Grocery and Deli located at 175 Grand Street in Brooklyn. Contest Promotions is a promotional company that works with businesses to promote contests and sweepstakes. The sign featured advertisements for the Nikita television program and the Topman clothing store. Directly above the advertisements, each sign featured small text for a promotional contest that read, “Free posters, while supplies last – Enter here to win great prizes.” Two NOVs charged violations of the City’s zoning resolution for installing advertising signs in an area where such signs were prohibited. The other two NOVs charged violations of the City’s building code for illegally installing signs without a building permit while acting as an unregistered outdoor advertising company.
(more…)
