Buildings made initial error in not issuing building permit. In 2003, Hamida Realty sought plan approval from the Department of Buildings for two, three-family homes on two adjacent lots that would share a foundation and a common wall. Buildings approved the plans, but Hamida waited over a year to apply for permits. When it applied, Buildings granted the permit for one building, but held the second permit, erroneously requiring Hamida to submit a site safety plan for the second building. Despite holding only one permit, Hamida started work on both buildings. Three weeks later, Hamida pointed out Buildings’ error and Buildings waived the requirement. Hamida, however, never finalized the second permit, and work continued illegally.

A month later, City Council down-zoned Hamida’s lots as part of a larger rezoning of Jamaica Hills, Queens, making both buildings non-conforming. Despite the downzoning, construction continued. Buildings then issued a permit for the second building despite the down-zoning. Four months after the down-zoning, Buildings issued a stop-work order on both buildings. (more…)