Lentol writes new law to protect neighbors from development damage!!

This just in. According to Cathy Peake, the proposed legislation offers homeowners a quick claim from escrowed money if their property is damaged by adjacent development. AND prevents DoB from issuing violations to neighbors for damage caused by development construction.

Thanks for listening and acting for our community! Let's hope this passes the state legislature and soon.

Here's the press release from their office:

For Release Immediate
Contact person:
Catherine Peake 518-455-4477

Assemblyman Joseph R. Lentol Introduces Bill
To protect Building Owners and Renters

January 25, 2006, Today, Assemblyman Joseph R. Lentol introduced legislation designed to address a serious problem affecting long standing property owners whose property is damaged by contractors building on adjacent property in the City of New York. Assemblyman Lentol said, “I’ve personally witnessed too many examples now where my neighbors wind up spending lots of money and sometimes must leave their homes as well because developers and their contractors caused damage to their existing adjacent properties as the contractors erect new homes and apartments.”

Currently, if a developer or contractor is working on property adjacent to or near an existing parcel and damages the existing property, the owner of the existing damaged building is held liable for correcting any resulting violations to his/her property. Often the New York City Buildings Department, when called to intervene in such disputes, cites the property owner -- whose property was damaged by the contractor -- for Building Code violations despite the fact that the damage was entirely caused by the contractor operating under a permit issued by the Buildings Department. The innocent property owner often gets violations requiring the payment of fines and may have to vacate his/her property until the damage is corrected -- sometimes at great expense. The innocent owner will likely not recover damages. Instead, he/she expends large sums of money on legal fees incurred in a long, drawn out civil suit.

Lentol said, “The City Buildings Department, faced with the aforementioned situation, has created a true bureaucratic “Catch 22”. Often a property owner will witness bad construction practices by a contractor working next door and will report the situation to the Buildings Department. Upon responding to the complaint, the Buildings Department inspector may discover damage to the complainant’s building, caused by the negligent actions of the contractor. You would think the party that did the damage would be cited and fined by the Buildings Department. Such an assumption would be in error. The Buildings Department issues violations against the damaged property. This is not unlike a situation in which a car thief is reported to the police and the owner gets cited for running a red light while the vehicle is in the thief’s possession.”

Lentol continued, ”I am proposing a law to require every developer to pay into an escrow account which would be used for “quick claims” by injured parties, and would create a system of processing these quick claims to allow injured parties, property owners or tenants, to be made whole by negligent contractors in a timely manner. My bill would also prohibit the Buildings Department from issuing fines to property owners who have been victimized by the negligence of those working on adjacent properties.”

Lentol concluded, “The New York City Buildings Department has been unreasonable and inflexible in dealing with these incidents. They occur frequently in Brooklyn and in other locations where development is rampant. I am committed to see that the problem stops, which is why this bill is needed.”

So a developer bought the property next door, Part 2

Step 1
Find out what is going on.

If you can talk with the developer, that's good. Just remember that they will tell you what you want to hear. Expect to hear things like: we're such good guys, we're going to make your building even better, we are very careful, your property will improve, we will (plant flowers, fix your sidewalk, whatever). Remember that they may mean well, but often this is just words. Any reassurance they give you, you can ask them (politely, even) if they will give it to you in writing. Their reaction to this request will tell you a lot about how serious their promises are.

You can and should check with DoB, see link in the sidebar to the right. By entering their address, you can see what permits are applied for and if plans have been filed. To see what zoning allows them to build, go the site for the Department of City Planning.

Step 2
Tell people what is going on and get things in writing if possible. Here's a sample of a first letter to the developer. It gives notice that you are concerned about what will happen and offers them a chance to be responsible.

"Dear (insert their name or names here)

I understand that you are planning construction on the lot at (insert their address here) next to my building. I am concerned that this construction may have an effect on my building. I am particularly concerned to have assurance that you will continuously fulfill your obligation to provide lateral support.

Please consider this letter an ongoing request for information regarding your plans, procedures, contractors, boring logs and methods.

Let us move forward with respect for our legal rights. Please send this information to me at (insert your contact address here)."

Coming soon, how and when to check for progress on demolition permits, look at damage, and more.

News flash

Here's the flash: I just heard through the grapevine that Scarano has been indicted. I believe it has something to do with the 94 Diamond St, Greenpoint site, where the 2 adjoining neighbor homes collapsed. Interesting, yes? I'm shaking the tree to find out more. Please post if you hear anything.

We are collecting the addresses of buildings affected by next door demo, excavation or construction. We plan on going around next week with a camera and will be posting info soon.

In the meantime, just today someone I know got issued a violation for the crack in their side wall damaged by the demolition next door. So glad they have the engineer's report and lots of photos and video to support their side. But now they, the homeowners, have to fix it. To get the developer to take responsibility, here come the lawyers. How deep are the pockets of the individual homeowner? Enough to match the developers who can pay 7 figures for a building and lot just to knock it down? I doubt it. Ain't that something? There's something wrong with the system that puts a homeowner at fault for the developer's negligence.

The saga continues....

Trend watching, use the web to keep an eye out

Everyday I hear of a new case of someone's home being threatened by careless development. This is unfortunately a trend in this neighborhood.

If you think a developer is buying or has bought a neighboring property, check it out with the ACRIS link at the right of this page. You can see if the property has been sold and to whom.

If you want to see whether any plans or permits are in the works at the Department of Buildings, go to the DOB link at the right of this page. When you get to the page for the address you are looking at, look at the bottom left section of the page under a gray bar. Where you see Jobs/Filings, you can click right on those words to see a list of what has been filed. Click on any underlined words or numbers to get more details. I go to this DOB site everyday to see what is pending on the lot next door. If you have any questions, call DOB or post us here.

Local press coverage

Greenline, a local paper, keeps a watchful eye on housing issues. They have had a number of stories about people displaced by irresponsible excavation next door. Check out the current Greenline for a real heart-wrenching story about 2 Greenpoint families.

So a developer bought the property next door, what do I do?!

Once you know who the developer is, send them a certified letter stating something like: “I am the owner of (address) the property adjacent to the site you recently purchased. If you are planning to build on this site please know that I expect you to take care not to damage or harm my property in any way. You will be entirely responsible for any damages that occur. ….”
Do a videotape of every inch of your house, inside and out, to document the current condition.

Line up a structural engineer to walk through your building and submit a written report on the condition of your building, with careful attention to possible problem areas for you to watch.

Line up a good real estate lawyer, without ties to developers or situations that could lead to a conflict of interest.

Check with your insurance company to make sure your coverage is up to date for replacement cost (although the neighbor developer is supposed to be covered).

You can also send copies to the Buildings Department Commissioner (cc the letter) also send a copy to your lawyer if you can afford to have one.

Try contacting the Public Advocate (Betsy Gottbaum): http://pubadvocate.nyc.gov/about/contacts.html
and writing to the state Attny General (Elliot Spitzer): http://www.oag.state.ny.us/contact.html

I really think contacting Gottbaum and Spitzer is a great idea. It's an election year for Spitzer, so go for it.