DOB handing out flyers in Flushing-Main Street Station, Queens. Image Credit: DOB.

As part of campaign, list of 10 dangers created to help residents before they rent an illegally converted apartment. On December 5, 2018, the Department of Buildings in conjunction with the New York City Fire Department announced a citywide campaign to educate both tenants and property owners on the dangers of illegally-converted apartment. Representatives from both agencies will be distributing flyers throughout the five boroughs over the next three week. (more…)

Lambert Houses. Image Credit: Google Maps.

UPDATE: On November 29, 2016, the City Council voted 49-0 to approve the Lambert Houses application with modification. The approved application now includes the Mandatory Inclusionary Housing option with deep affordability—half of the apartments will now be affordable for those making 30 percent or less of the average median income. The City has committed $12.3 million for infrastructure improvements in the West Farms area, including the construction of two new schools in the area—adding at least 500 new school seats to the school district. Of the project, City Council Member Ritchie Torres said, “It will offer deeper affordability, significant infrastructure improvements and community upgrades that will benefit all of the residents of the West Farms neighborhood in the Bronx.” (more…)

Bernard Marson testifies before the Board of Standards and Appeals. Image credit: BSA

Board found complying with Multiple Dwellings Law prohibited full development of zoned area.  On May 19, 2015 the Board of Standards and Appeals voted to grant the applicant, BBD & D Inc, a permit to construct a penthouse at 237 East 72nd Street in the Upper East Side of Manhattan.  The penthouse unit will expand the current building from four stories in height to five.

On April 8, 2014 the Department of Buildings denied the applicant’s permit to construct the penthouse because the Multiple Dwellings Law prohibited increase in height or stories.  On May 5, 2014 the applicant requested a special permit from the Board.

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Rooftop addition at 514-516 East 6th Street. Credit: CityLand

Tenant objected to BSA’s interpretation of Multiple Dwelling Law that legalized sixth-floor additions to East Village tenements. In October 2006, Ben Shaoul, the owner of two adjacent five-story tenements located at 514 and 516 East 6th Street in the East Village, filed an application with the City’s Department of Buildings seeking an alteration permit to add two floors to each building. The proposal did not comply with the fire safety requirements of the Multiple Dwelling Law and the owner sought a waiver from Buildings. Buildings waived the Multiple Dwelling Law requirements and issued the permit. In November 2008, after the owner had already enlarged the buildings, the Board of Standards and Appeals revoked the permit because Buildings did not have the authority to vary the requirements of the Multiple Dwelling Law.

The owner applied to BSA to legalize the enlargement. BSA legalized the sixth-floor by granting the variance after the owner agreed to demolish the seventh-floor. (Read CityLand’s coverage of the legalization here.) Jean Chin, a tenant in one of the buildings, filed an article 78 petition challenging BSA’s decision. Chin denied the enlargement’s legality, arguing that BSA applied the wrong section of the Multiple Dwelling Law and instead should have applied a different more stringent section. Justice Cynthia S. Kern upheld BSA’s determination, holding that the statute was ambiguous and therefore BSA’s interpretation was entitled to deference so long as it was reasonable. The Appellate Division, First Judicial Department, affirmed Justice Kern’s decision. The First Department agreed that BSA’s interpretation of the Multiple Dwelling Law was reasonable because subjecting building owners to the statute’s more stringent requirements could create a chilling effect on renovations.

Jean Chin v. BSA, 2012 N.Y. Slip Op. 05599 (1st Dep’t July 17, 2012) (Attorneys: LeMare Moore, for Chin; Michael A. Cardozo, Susan Paulson, for BSA).

BSA approved rooftop additions for 329 to 335 East 9th Street in the East Village. Credit: CityLand.

Department of Buildings denied developer permits because plans did not comply with Multiple Dwelling law and community opposed out-of-character building enlargements. In March 2011, Terrence Lowenberg applied for alteration permits to build one-story additions on four pre-1929 apartment buildings at 329 to 335 East 9th Street in the East Village of Manhattan. Lowenberg planned to enlarge 331, 333, and 335 East 9th Street from five stories to six stories, reaching a height of 67 feet, three inches. 329 East 9th Street is planned to go from four stories to five stories and reach a height of 61 feet. The Department of Buildings denied the permits because while the plans complied with the area’s R8B zoning district regulations, they did not comply with certain aspects of the Multiple Dwelling law. The Multiple Dwelling law requires buildings exceeding 60 feet or six stories to provide an elevator and satisfy certain fire safety measures, such as fireproofing hallways and doors. Lowenberg appealed Buildings’ denial to the Board of Standards & Appeals seeking to vary the Multiple Dwelling law’s requirements.

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