Fines mitigated when violation cured

Homeowner parked construction vehicles, unlicensed cars and construction material in residential district. Rachel Masica parked in the driveway of her residence at 316 Bement Avenue, Staten Island, a commercial dump truck, two Volkswagens without license plates, and, on the front lawn, a trailer. Masica stored a backhoe in her backyard under a tent, along with construction material, combustible wood, ladders, plywood, heavy-duty construction equipment, ladders, and wood planks. The Department of Buildings charged Masica with … <Read More>


Comptroller Audit Reveals that HPD Failed to Collect $34.2 Million in Assessed Penalties

Comptroller’s audit finds that HPD’s collection efforts did not result in the collection of the vast majority of the money judgments referred to its Judgment Enforcement Unit. On November 17, 2016, the Office of the City Comptroller Scott Stringer released a report of an audit of the Department of Housing Preservation and Development. The audit sought to evaluate HPD’s efforts in collecting outstanding money judgments resulting from assessed penalties.


Staten Island Building Owner Fined $71,900 for Illegal Conversion

Owner converted a two-family house to a four-family. On May 27, 2009, the Department of Buildings issued four notices of violation to Nashat Estafanous. Estafanous owned a residential property at 25 Simonson Avenue in Staten Island, which he converted, without permits, from a two-family residence to a four-family residence by fitting the attic and newly-constructed garage for occupancy. The NOVs imposed a fine totaling $31,100, and ordered Estafanous to remove the illegal conversion construction … <Read More>


Scooters, Hoverboards, and Bicycles; What’s Legal?

New Yorkers enjoy many new forms of transportation such as electric scooters, electric bicycles, hoverboards, skateboards, in-line skates, electric wheelchairs, and more. The laws governing these forms of transportation are confusing and mostly unenforced, if they are even enforceable. State laws and regulations on vehicle and roadway usage typically trump conflicting local laws, except in New York City, where the New York City Council has been given much authority to promulgate laws and regulations on … <Read More>


Recalcitrant owner of Landmark agrees to $1.1M fine

Clinton, Manhattan

LPC filed action to compel owner’s repair of landmarked building. After receiving no response to a series of notices regarding the structural instability and deteriorating facade of the landmarked Windermere building at 400 West 57th Street, Landmarks filed suit to compel Toa Construction to repair its building. The action also sought $5,000 in daily civil penalties.

Two months later, a lower court ordered Toa to give Landmarks access to the building to complete … <Read More>


Court intervenes to save landmark

Image: LPC.

State Supreme Court issues preliminary injunction against owner of 19th century landmark building. In 2005, Landmarks designated the Queen Anne-style Windermere Apartments, comprised of three buildings located on West 57th Street and Ninth Avenue. In September 2007, Landmarks noted that the historical and structural integrity of the buildings was at risk of being permanently compromised unless the owner, Toa Construction, took immediate action. In October 2007, Landmarks Chair Robert B. Tierney issued Toa … <Read More>