Emergency Order Upheld

829 Remsen Avenue, owned by the Rada Corporation. Image Credit: Google Maps

Department of Buildings placed commercial building in program that forces the owner to immediately fix code violations. Rada Corporation is the owner of a commercial building located on Remsen Avenue in Brooklyn. In May 2016, the New York City Department of Buildings issued a violation against the property, noting brick and cracked mortar joints. Buildings determined that due to the severity of the violations, an immediate emergency declaration was warranted. After the owner of the building failed to fix code violations, Buildings hired a contractor to construct a sidewalk shed.

In September 2016, Rada Corporation filed an article 78 petition to review Buildings’ determination, arguing that Buildings’ decision was arbitrary and capricious, as the building bricks and mortar joints were in fine condition.

The Supreme Court Justice Kathy J. King denied Rada’s petition. The Appellate Division, Second Department affirmed. The Court held that Buildings’ decision was not arbitrary and capricious and that the building appropriately received an immediate emergency declaration. Buildings, in issuing the declaration, was entitled to rely upon the recommendation of its engineer and his opinion that the condition of the building facade was unsafe. Furthermore, Rada’s petition to vacate and discharge liens placed against its property was also denied, considering that there was no evidence that the Department of Housing Preservation and Development placed or will place any such liens against the property.

(CIT) Matter of Rada Corp. v. Gluckman, 2019 NY Slip Op 03055, 171 A.D.3d 1189, 99 N.Y.S.3d 342 (App. Div.)

By: Filip Cukovic (Filip is the CityLaw intern and a New York Law School student, Class of 2021.)



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