Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required … <Read More>
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Building Code Order Upheld
City placed apartment building in program that forces owners to correct severe code violations. In February 2015, Trump Presidential Inc. purchased a three-story apartment building located in St. Albans, Queens. Trump filed a property registration form with New York City Department of Housing Preservation and Development. A few months later, HPD selected the property for participation in the Alternative Enforcement Program. The program identifies the most distressed dwellings in the City and requires the owners … <Read More>
Reflections on the 2018 Charter Revision Process
The 2018 New York City Charter Revision Commission, appointed by Mayor Bill de Blasio, recommended three proposals, all of which were approved by the voters in the November 2018 general election. The proposals related to campaign finance, civic engagement and community boards, and were largely a result of the Charter Revision Commission’s process that emphasized accessibility for all, including those who historically have not had their voices fully considered as part of the Charter revision … <Read More>
City Not Liable for Fall in Intersection
Elderly woman’s cane lodged into manhole cover causing her to fall. On August 6, 2013, Hadassa Carlebach tripped and fell while crossing the intersection of East 43rd Street and 5th Avenue in Manhattan when her cane became lodged in a small opening in a manhole cover. Carlebach sued the City for the injuries she sustained from the fall.
Billboard Law Challenge Fails
Advertising companies sought to erect outdoor billboards in the Willets Point neighborhood. Mucho Media and other property owners in Queens’ Willets Point neighborhood sought to construct large advertising billboards on their property. For safety and aesthetic reasons, the City denied or ordered the removal of billboards in the Willets Point neighborhood. These actions were pursuant to the City’s zoning law that prohibits commercial billboards within two hundred feet of an arterial highway.
Rules Add Pest Management Duties
HPD adopted rules compelling owners to remediate indoor allergen hazards. The Department of Housing Preservation and Development adopted rules to require owners of multiple dwellings to investigate for and remediate indoor allergen hazards such as mold, cockroaches, mice, and rats. The new rules, which implement Local Law 55 of 2018, establish work practices for pest remediation, standards for tenant notifications, and procedures for submitting certifications of remediation and requesting extensions of time to correct violations.