Melvin Ickes owned property in Rhinebeck and his deed contained a right-of-way for vehicular passage over a neighbor's parcel. When Ickes hired a paving company to repair the road, including a portion which extended onto Christian Buist's property, the latter supposedly tried to disrupt the work.

Ickes then filed suit in Dutchess County Supreme Court and sought an order stopping Buist from interfering with the road's use.

After relief was awarded in Ickes' favor, an appeal to the Appellate Division, Second Department, followed.

Since Ickes wasn't trying to expand the driveway, and had a "right to maintain it in a reasonable condition," the AD2 saw the paving as necessary for the easement's "exercise and enjoyment."

Bet Buist thought that was just icky.

To view a copy of the Appellate Division's decision, please use this link: Ickes v. Buist

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

The Public Advocate has launched a campaign to identify, track, and hold accountable New York City's most irresponsible landlords.

Too many of our city's tenants find themselves living in deteriorating and unsafe apartments. Landlords are required by law to fix violations to the housing code, but in some cases, an irresponsible property owner will allow problems to persist for years before attending to them. In order to raise public awareness and encourage landlords to more quickly address widespread safety problems in their buildings, the Public Advocate has launched the NYC's Worst Landlords Watch List.

Using both a searchable database and Google Maps, the Watch List allows users to view a current or potential landlord's outstanding housing code violations identified by the New York City Department of Housing Preservation and Development (HPD). Through this website and campaign, our goal is to facilitate an efficient and timely response to landlord misconduct.

The Watch List also enables tenants and housing activists to report new violations to the Public Advocate's Office. If that landlord has a sufficient number of additional outstanding violations, they will be added to the Watch List. Landlords will automatically be removed from the Watch List when their violations have been resolved with HPD.

The Public Advocate will work with tenants in Watch List buildings to take appropriate action to have their complaints addressed. For assistance contacting local tenant activist organizations, accessing City and State housing agencies, or applying for a rent abatement, visit our Tenant and Landlord Resources section.

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)

MAYOR BLOOMBERG DISCUSSES THE CITY'S LATEST INFRASTRUCTURE INVESTMENTS FOR THE FUTURE AND NEW RECORD TOURISM NUMBERS IN WEEKLY RADIO ADDRESS

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

New York City Economic Development Corporation and Department of Transportation Introduce Conceptual Redesign of Fordham Plaza

Design Will Transform Fordham Plaza into a Vibrant, Pedestrian-Friendly Public Space

Yesterday, New York City Economic Development Corporation (NYCEDC) and Department of Transportation (DOT) released the conceptual master plan for the redesign of Fordham Plaza. The design, by WXY architecture + urban design, seeks to re-make Fordham Plaza into a vibrant, pedestrian-friendly public space and world class transit hub. The new concept includes a set of specific actions for improving traffic circulation, improving transit access, expanding the amount of plaza space for programming and activating the plaza with new retail uses and amenities.

"The plan outlines a smart vision for transforming Fordham Plaza into the vibrant, pedestrian-friendly transit hub that it should be," said New York City Economic Development Corporation President Seth W. Pinsky. "As this plan moves from concept to reality, we look forward to seeing Fordham Plaza solidify its place as a center of Bronx transit, culture and retail activity."

"Untangling the mobility and access issues around Fordham Plaza is the first step in building a world-class public space and economic engine for the area," said DOT Commissioner Janette Sadik-Khan. "This design creates an inviting, attractive streetscape that meets the needs of the entire corridor."

"The redesign and overhaul of Fordham Plaza will be a great upgrade for one of the busiest sections of my district," said Congressman José E. Serrano. "I look forward to the day when the renovation is a reality so that the tens of thousands of my constituents who know this community crossroads so well at last find it safe to use and enjoy."

"This plan will significantly improve transit riders' access to the twelve bus lines and rail transportation so important to my Bronx constituents while also capitalizing on the over 80,000 pedestrians and potential customers that walk through the area daily by providing entrepreneurial and job opportunities, such as a restaurant and vendor kiosks. This plan not only recognizes the need for a functional public space at this location, it incorporates cutting-edge sustainable design to do so, and I am proud to support it," said Bronx Borough President Ruben Diaz Jr.

"This project encompasses the best of the Bronx," said Marlene Cintron, President of the Bronx Overall Economic Development Corporation. "It brings together the concerted efforts of NYCEDC, DOT, elected officials, and community stakeholders to create a public space that will serve the thousands of pedestrians and commuters who come to the area to shop, eat at our great restaurants or attend the universities and schools nearby. To take it over the top there will also be the potential for additional cultural programming and opportunities to underscore the diversity of the Bronx. Bravo!"

"This Fordham Plaza conceptual redesign represents an opportunity to develop a significantly more welcome and attractive public space for pedestrians, while enhancing this important transit plaza by making it a potentially more workable alternative to the existing state of affairs," said Joe Muriana, Associate Vice-President for Government & Urban Affairs at Fordham University. "An improved transit Hub at Fordham Plaza is good for the region, good for the Bronx and good for Fordham."

"The plaza redesign is a win-win for pedestrians, motorists and straphangers alike - by simplifying the road network and reducing areas of conflict, not only is the area more pedestrian-friendly but it also promises to alleviate some of the congestion points along Fordham Road. The result is a greener, more vibrant, less congested, and ultimately safer place to be," said Claire Weisz, principal of WXY architecture + urban design.

Overall, the plan seeks to make Fordham Plaza an iconic public space in the Bronx, an important element of the NYCDOT Plaza program. With twelve bus routes on or near the Plaza, along with the fourth busiest station in the Metro North system, Fordham Plaza is a critical part of the New York City transportation network. The new design will enhance traffic flow throughout the area by designating Third Avenue at Fordham Plaza for bus traffic only and creating a more compact bus turnaround, along with additional nearby road adjustments. By moving the bus turnaround out of the Plaza itself, the new design also creates a contiguous public space which will improve the pedestrian experience and reduce the potential for conflict between pedestrians and buses.

Fordham Road is also one of the busiest shopping corridors in all of New York City. On an average day, over 80,000 pedestrians walk the corridor between Jerome and Webster Avenues. The Plaza redesign will draw these visitors further east and provide amenities for shoppers, residents and workers, potentially including a new greenmarket, café and other vendors. The Plaza amenities will serve a strong need as a market analysis of the area within a one mile radius of Fordham Plaza concluded that retail spending potential could exceed $1.1 billion per year, while current annual retail sales in the area total approximately $439 million. The Plaza would also provide a much needed venue for event programming throughout the year including potential movie screenings, concerts or holiday markets.

In addition to the amenities, the new Plaza concept envisions elements, such as bioswales to mitigate stormwater runoff, solar panels, and a small wind turbine, to ensure that Fordham Plaza will be a model of environmental sustainability and design excellence in keeping with the goals of PlaNYC 2030.

The project has secured initial funding and is moving forward with the design phase.

To view the conceptual master plan, go to www.nycedc.com/fordhamplaza.

To view renderings of the plan, go to Fordham Plaza Press Images.

About NYCEDC
New York City Economic Development Corporation is the City's primary vehicle for promoting economic growth in each of the five boroughs. NYCEDC's mission is to stimulate growth through expansion and redevelopment programs that encourage investment, generate prosperity and strengthen the City's competitive position. NYCEDC serves as an advocate to the business community by building relationships with companies that allow them to take advantage of New York City's many opportunities. Find us on Facebook or follow us on Twitter to learn more about NYCEDC projects and initiatives.

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)

SCHUMER BILL WOULD ALLOW HUD TO RAISE FHA LOAN LIMITS FOR MULTI-FAMILY HOUSING DEVELOPMENTS IN NEW YORK; CURRENT LIMITS RESTRICT ABILITY TO BUILD IN NEW YORK CITY

Schumer Proposal Would Allow HUD To Increase the Size of Loans Guaranteed by FHA for Large Cities Like New York

Existing Caps Unfairly Exclude High-Cost Cities; Are So Low that Between 2006-2007 Only 3 High-Rise Multi-Family Development Projects Were Backed by the FHA

Increase Would Allows High-Cost Cities Like New York Equal Access to Loan Guarantees Currently Enjoyed

Earlier this week, Senator Charles E. Schumer (D-NY) introduced legislation that would increase the access to Federal Housing Administration (FHA) loan guarantees for mutli-family housing developments, by raising the cost per unit that FHA will insure for high-cost areas like New York. Previous caps on FHA per unit loan guarantees were so limiting that from 2006-2007 only 3 high-rise multi-family development projects were insured by FHA. The Schumer legislation would increase the per unit limit for the FHA Multifamily Loan Program.

"Cities like New York have been losing out for too long on FHA backed loan guarantees for the construction of multi-family housing, because development costs are much higher in major metropolitan areas than they are in the rest of the country," said Schumer. "My legislation will give the HUD Secretary the ability to raise the cap to better reflect the realities of construction costs in New York."

FHA Multifamily Loan program has had limited success in promoting the construction of new rental housing units because the maximum loan size for this category is so small compared to the average construction costs in urban areas.  It has become increasingly difficult for cities like New York to secure affordable financing for multifamily rental development and rehabilitation, at a time when affordable rental housing is needed the most by Americans who are unable to afford a home of their own. 

Schumer's legislation would provide the Secretary of HUD the authority to designate "High Cost Areas" and "Extremely High Cost Areas" categories for FHA Multifamily Insurance. This authority already exists for certain States and territories including Alaska, Hawaii, Guam, and the Virgin Islands.  The legislation requires that FHA economists vet the credit eligibility before insuring a multifamily loan.  As a result, this legislation does not alter underwriting criteria or weaken taxpayer protections.  Rather, it is intended to give high cost cities the same access to FHA Multifamily Insurance that regions with lower cost markets already utilize.  

The cost of construction for a New York City high-rise building typically exceeds current loan guarantee limits set by FHA, making the program nearly irrelevant to New York City. Current FHA loan limits are capped at $214,421 per unit for high cost areas, yet the average cost per unit in New York City is $419,000. The Schumer legislation would give the HUD Secretary the authority to adjust the per unit limit to provide New York City with a greater opportunity to build multi-family housing units.

The legislation would also increase the premium allowed for construction or rehabilitation of rental high rise buildings with elevators, as compared to buildings without elevators, from 10% to 50%, in line with actual construction cost differentials.

The program is completely funded by its own insurance premiums so this legislation would not incur any additional cost to the federal government.

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)

Dear Friends, Colleagues, and Clients:

I am pleased to announce that my new book, Too Big to Fall: America's Failing Infrastructure and the Way Forward (University Press of New England), will soon be hitting bookshelves. It is set to be released in late October 2010.

As many of you know, I have been hard at work on this book since 2008. Now I am excited to share with you the final result. Too Big to Fall chronicles the decades-long failure of our federal and state governments to maintain our critical transportation and other infrastructure that is so vitally important to our nation. It details the problems that led to the 2007 I-35W Bridge catastrophe in Minneapolis and digs through the National Transportation Safety Board's report on the tragedy, which failed to present the full story to the American public.

In it, I also evaluate what the I-35W Bridge collapse means for the country as a whole--outlining the possibility of a nationwide infrastructure breakdown. I explain why we must maintain an effective infrastructure system and provide a series of well-researched solutions.

Even before publication, the book has already received much impressive praise. In fact, I am honored that the book includes forewords from two distinguished individuals in the infrastructure realm: Hon. James L. Oberstar, Chairman of the U.S. House Committee on Transportation and Infrastructure, and Robert Puentes, Senior Fellow at the Brookings Institution.

Their commentary provides a great start to what I hope will be a very influential book. Take a look at excerpts from their encomiums and see for yourself:

As Barry LePatner writes in this book, 'America is always about the next new thing. We build beautifully. But building brings with it responsibility that extends long past the date when a project is completed and put into use. Our record of maintaining what we build is less than beautiful.'...Unfortunately, infrastructure is not like fine wine. It does not improve with age. As LePatner points out, we do not save money by deferring maintenance...LePatner's book should sound the alarm for anyone--in and out of government--who uses and values our national transportation assets.

                                               ~ Hon. James L. Oberstar

In Too Big to Fall, LePatner explains that to understand the severity of the situation, one has to acknowledge that our nation's infrastructure system is not simply a bridge here or a highway system over there. It is a network of networks. And if one aspect of the system suffers, so do all the rest. He hammers home the stark reality that there are security, safety, and economic implications every time a piece of the system fails...LePatner recognizes the critical importance of providing the public with an understanding of the larger connections between the transportation and economic imperatives. He focuses attention on problems that will significantly impact our nation's ability to protect its citizens as well as to grow and prosper in a dynamically changing world economy...Too Big to Fall belongs on the desk of every transportation official, governor, and member of Congress who wants to work productively toward finding solutions rather than continuing to add to the problems plaguing our nation's infrastructure.

                                                ~ Robert Puentes

As many of you know, my ultimate goal with Too Big to Fall is to turn the collective attention of policymakers, media members, and citizens to the perilous state of our nation's infrastructure. I would be honored if you joined me in this quest to spread the word on why America must maintain an effective infrastructure system. Your influence and perspective can bring undeniable strength to this fight for reform. If you would like to pre-order the book, please visit the University Press of New England website (www.upne.com).

I hope you will all continue with me on this important effort by spreading the word about the book's release. I look forward to hearing your thoughts on the book.

Sincerely,

Barry B. LePatner

Posted by Lucas A. Ferrara, Esq. at 4:30 PM | Permalink | TrackBacks (0) | Comments (0)

After an eighty pound electrical panel fell on him, Jose Cardenas sued One State Street, LLC citing three Labor Law violations and negligence.

When the New York County Supreme Court dismissed some of his claims and granted only partial relief in his favor, Cardenas appealed.

Since he was exposed to an elevation-related hazard and wasn't given safety equipment, the Appellate Division, First Department, thought there were unresolved issues as to whether Cardenas's work comprised part of a "demolition" -- which would have triggered inspection requirements and protections against hazards.

That sure triggered a spark.

To view a copy of the Appellate Division's decision, please use this link: Cardenas v. One State Street, LLC

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Sendar Development Company hired several independent contractors to add five floors to an Upper West Side apartment building.

In October of 2002, soon after that project's completion, the windows leaked and hallway tiles began to crack. Some two years later, Kevin Sweeney was re-hired to inspect the areas in question.

Although Sweeney concluded that there was no structural cause for the conditions, when the building later had a flood, Sendar sued Sweeney (and others) for breach of contract, negligence, and wanted to be compensated for the damages incurred.

When the New York County Supreme Court denied Sweeney's request to be let out of the case, he appealed.

Since Sweeney showed that the 2004 inspection was unrelated to the original scope of work (completed in 2002), nor part of any ongoing services, the Appellate Division, First Deparmtnet, thought Sendar had filed its suit a bit too late -- as a three-year statute-of-limitations applied.

There's no developing that any further.

To view a copy of the Appellate Division's decision, please use this link: Sendar Dev. Co. v. CMA Design Studio

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Governor Paterson Submits Legislation to Assist Non-Profits in Financing Construction Projects

On Tuesday, Governor David A. Paterson submitted to the Legislature Program Bill No. 311, which would provide access to cost-effective financing for not-for-profit corporations seeking to construct civic facilities in New York State. The bill would enable 501(c)(3) non-profits to take advantage of the New York State Dormitory Authority's (DASNY) tax-exempt debt to finance their projects, providing a boost to construction in the State and supporting well-paying jobs. "We are committed to supporting the not-for-profit sector in New York, and the Dormitory Authority is well-suited to ensure that they have the means to grow and continue to be a vital part of our State," Governor Paterson said. "This legislation will promote construction of civic facilities in the State, creating new jobs and opportunities for workers and businesses at a time when economic growth is desperately needed." Governor Paterson's Program Bill would authorize DASNY to provide financing for construction undertaken by not-for-profit corporations for projects such as civic facilities and charter schools. These organizations would be eligible for DASNY financing for projects located in the State. If the cost of a proposed project financed under this bill exceeds $15 million, or if the project is for use by a public corporation or State agency, it would be subject to the prevailing wage requirements of Labor Law § 220 and the minority- and women-owned business requirements of Executive Law Article 15-A. Until recently, these types of entities had utilized Industrial Development Agencies (IDA) to obtain low-cost financing, but the law authorizing civic facilities' access to IDA funds expired in January 2008. Since then, cost-effective financing has been largely unavailable to such entities, which have been forced to rely generally on taxable debt or random local development corporations for tax-exempt debt. This bill would provide, through the Dormitory Authority, a reliable, stable and transparent source of tax-exempt financing for not-for-profit corporations.

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION SEEKS DEVELOPER FOR BATHGATE SITE IN THE BRONX

Request for Proposals is Next Step in Transforming the Site into an Active Industrial and Manufacturing Center

Site Qualifies for FRESH Incentives and Could Aid in Development of a Neighborhood Grocery Store

Last week, New York City Economic Development Corporation (NYCEDC) issued a Request for Proposals (RFP) for the purchase and development of an approximately 109,000-square-foot vacant industrial property located in the Bathgate section of the Bronx. The full-block site just south of the Cross-Bronx Expressway between Bathgate and 3rd Avenue is part of the Bathgate Industrial Business Zone (IBZ), as well as the Bathgate Urban Renewal Area. The Site represents an excellent development opportunity for industrial businesses and developers looking for a large development site, with proximity to highways and public transportation, as well as availability of a local workforce in surrounding neighborhoods.

"Revitalizing the City's industrial neighborhoods is a top priority of this administration," said NYCEDC President Seth W. Pinsky. "This site represents one of the largest undeveloped parcels of industrial land left in the Bronx and provides a great opportunity for a prospective developer to create industrial space and provide new jobs to the people of the Bronx."

The Bathgate IBZ is already home to approximately 30 industrial businesses that employ roughly 1,000 individuals. IBZs represent areas in which the City provides expanded assistance services to industrial firms in partnership with local development groups. Residential districts outside of the Bathgate IBZ boundaries provide a nearby labor pool within walking distance to Bathgate IBZ industrial businesses, while creating demand for neighborhood grocery options in this underserved community.

The site is also located within the Food Retail Expansion to Support Health ("FRESH") program area, making it eligible for zoning and financial incentives to aid in the development of a neighborhood grocery store. As the project must first meet the requirement of the Bathgate Urban Renewal Plan, any potential grocery store must be associated with a wholesale produce or meat market. There is no ULURP required for the development if the proposal complies with the Urban Renewal Plan.

To obtain a copy of the complete RFP, please visit www.nycedc.com/rfp. Responses are due on Monday, August 16, 2010 at 4 p.m.

About NYCEDC
New York City Economic Development Corporation is the City's primary vehicle for promoting economic growth in each of the five boroughs. NYCEDC's mission is to stimulate growth through expansion and redevelopment programs that encourage investment, generate prosperity and strengthen the City's competitive position. NYCEDC serves as an advocate to the business community by building relationships with companies that allow them to take advantage of New York City's many opportunities. Find us on Facebook or follow us on Twitter to learn more about NYCEDC projects and initiatives.

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

Join us as we present: "Getting to Green: Sustainability Initiatives & NYC Development Regulation"

Speakers:

-Amanda C. Goad, Senior Counsel, Environmental Law Division, New York City Law Department
-Tal J. Golomb, Associate, Fried, Frank, Harris, Shriver & Jacobsen LLP
-Melanie Meyers, Partner, Fried, Frank, Harris, Shriver & Jacobsen LLP
-Carol E. Rosenthal, Partner, Fried, Frank, Harris, Shriver & Jacobsen LLP

Click here to see the speaker bios.

Date/Time: Thursday, June 3, 2010 from 6:00 p.m. to 8:00 p.m.

Location: 185 West Broadway (between Worth & Leonard Streets), Room W400

CLE Credit: 2.0 Professional Practice Credits, Transitional or Nontransitional

Fees:
$200 registration fee for non-CityLand subscribers
$150 registration fee CityLand subscribers

Click here to see the schedule.

Register for this program today.

Seats will only be held after receiving full payment. Credit card payments should be made over the phone at (212) 431-2383. Please note that we only accept Visa and Mastercard. We do not accept American Express. Checks should be made payable to the Center for New York City Law at New York Law School and mailed to:

Maryellen Philipps
Center for New York City Law
New York Law School
185 West Broadway
New York, NY 10013

Should you require financial aid to attend this program, please click here to see if you qualify.

New York Law School has been certified by the New York State Board of Continuing Legal Education as an Accredited Provider of Continuing Legal Education in the State of New York. This program is approved for newly admitted and experienced attorneys.

CLE inquiries for this program may be addressed to Maryellen Philipps via email at the Center for New York City Law at maryellen.philipps@nyls.edu

If you are unable to view the contents of this e-mail click here

Posted by Lucas A. Ferrara, Esq. at 6:00 PM | Permalink | TrackBacks (0) | Comments (0)

A ruckus ensued when Tharaldson Development Company wanted to rezone a 3.6 acre parking lot so that an hotel could be constructed.

Although the Common Council of the City of Albany prepared an Environmental Impact Statement (EIS) which assessed any environmental damage, and eventually permitted the rezoning, Save the Pine Bush, Inc., challenged the decision on the grounds that the EIS failed to consider the impact the project would have on the Frosted Elfin Butterfly, Hognosed Snake and the Eastern Spadefoot Toad.

The Saratoga County Supreme Court agreed with the conservationists and annulled the rezoning. On appeal, the Appellate Division, Third Department, affirmed.

When the dispute reached our state's highest court, the AD3's determination was reversed and the case was dismissed.

According to the New York State Court of Appeals, the EIS took into account major environmental issues like water drainage, local ecology, and the impact the construction would have on the Karnar Butterfly. Any omissions lacked "doubtful relevance," particularly in view of the project's small size and the impracticality of accounting for the project's impact on every living creature.

Looks like that Bush was beat.

To view a copy of the Court of Appeals' decision, please use this link: Matter of Save the Pine Bush Inc., v. Common Council of the City of Albany

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Julie Schafler Dale owned a piece of property next to a body of water known as Lower Lake Nimham.

According to their deeds, adjoining landowners had the right to use the lake for swimming, bathing, ice skating, and other outdoor activities -- except power boating.

After her neighbors constructed a dock on the lake, Dale sued and alleged trespass. The defendants countered that they had a right to build the structure.

When the Putnam County Supreme Court denied the parties' requests for relief, they appealed to the Appellate Division, Second Department.

Since Dale established the lake wasn't a navigable body of water, and her neighbors weren't "riparian owners," the AD2 thought the defendants' actions weren't legally permissible.

In other words, their claims didn't hold water.

To view a copy of the Appellate Division's decision, please follow this link: Dale v. Chisholm

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

BUILDINGS COMMISSIONER ROBERT LIMANDRI LAUNCHES SIXTH ANNUAL NO-PENALTY RETAINING WALL INSPECTION PROGRAM

Heavy Rainfall This Year Could Compromise Stability
of Retailing Walls

Homeowners Can Call 311 to Request a
Penalty-Free Inspection at No Cost

Lasg week, Buildings Commissioner Robert LiMandri launched the Department's sixth-annual No-Penalty Retaining Wall Inspection Program. Under this program, homeowners may call 311 to request an inspection of their retaining wall without the penalty of violations. This annual program comes as New York City has experienced an unprecedented amount of rainfall this year, which can compromise the stability of retaining walls. During an inspection, Department inspectors conduct visual examinations of retaining walls and record structural conditions, such as bulging, displaced material, or leaning of the wall. If repairs are needed, or violating conditions that are not immediately unsafe are found on these walls, the Department will defer issuing violations until June 1, 2010 to allow property owners time to take corrective action. If dangerous conditions are found upon inspection, the Department will take immediate action to force correction of the unsafe condition. This program is being offered today through Tuesday, June 1, 2010.
 
"With such heavy rainfall this year, the stability of retaining walls can be affected, and therefore, it is important for homeowners to examine their walls," said Commissioner LiMandri. "Just by calling 311, our inspectors will help property owners determine if their walls are secure without the threat of violation. I encourage all New Yorkers to take advantage of this free program so we can better protect our homes and each other."

Retaining walls are designed to hold back soil that would move to a more natural slope or incline if the wall was not in place. As temperatures rise and the seasons change, retaining walls can become particularly susceptible to deterioration, which can put nearby buildings at risk. Every homeowner is required by law to maintain their walls and their properties in a safe condition at all times.

To strengthen oversight of these walls and improve safety, Mayor Michael R. Bloomberg signed legislation in August 2008 requiring property owners to perform periodic inspections of their retaining walls every five years and submit reports on the stability of the wall to the Department.

The inspection program was launched in 2005 to raise awareness about retaining wall maintenance following the collapse of a retaining wall above the Henry Hudson Parkway in Manhattan. As part of this program, the Department inspected 88 retaining walls across the five boroughs in 2009.

To learn more about the retaining wall maintenance, visit the Department's website at www.nyc.gov/buildings.

New Yorkers are encouraged to call 311 to report non-compliant conditions or 911 to report emergencies at construction sites.

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

ATTORNEY GENERAL CUOMO SECURES AGREEMENTS WITH SIX REAL ESTATE DEVELOPERS TO PROVIDE ACCESSIBLE HOUSING FOR PEOPLE WITH DISABILITIES

Agreements Result In Major Redesigns to Ensure Equal Access to Housing

Cuomo Also Sues Developer Trammell Crow for Failing to Provide Accessible Housing to People with Disabilities

Yesterday, Attorney General Andrew M. Cuomo announced agreements with six large real estate developers of rental apartment complexes to ensure equal access to housing for people with disabilities.

Under the agreements, the developers - Port Jefferson Town Properties, LLC; Fairfield Pinewoods, LLC; Hudson Park Investors, LLC and Collins Yonkers II, LLC; Regency Club at Wallkill, LLC; Riverbend at Wappingers Falls, LLC; and Main Street Lofts, LLC - must make or offer to make retrofits to apartments and common areas to ensure that people with disabilities have the full use and enjoyment of the facilities. The developers must also collectively pay $145,000 to compensate individuals who were harmed by the inaccessible housing. They will also work with an independent expert to certify that future construction of apartment complexes is in compliance with New York State and federal accessibility laws.

"Equal access to housing is a right guaranteed by law and no one should have problems living in their own home because they are disabled," said Attorney General Cuomo. "My office is committed to enforcing fair housing and removing barriers for all New Yorkers."

The Attorney General also filed a lawsuit against developer Trammell Crow for the company's failure to remedy extensive inaccessible features in one of their complexes in New York State. Trammell Crow has developed more than 225,000 residential units across the country. The lawsuit alleges that Trammell Crow failed to design and construct Atlantic Point Apartments, a 795-unit complex in Bellport, New York, in compliance with the accessibility laws.

The Attorney General's office found extensive design and construction barriers preventing full access by people with disabilities at the following apartment complexes:

• Atlantic Point Apartments, Bellport, New York
• Fairfield Knolls at Port Jefferson Station, Port Jefferson Station, New York
• Fairfield Knolls South, Coram, New York
• Hudson Park Apartments, Yonkers, New York
• Regency Club Apartments, Middletown, New York
• RiverBend Apartments, Wappingers Falls, New York
• 66 Main Street Lofts, Yonkers, New York

Under the agreements, the six developers, who all cooperated with the Attorney General's investigation, must complete retrofits for units and the common areas, including making sidewalks accessible by eliminating excess slopes and level changes. They must also provide accessible parking and routes to amenities such as pools, social rooms, mailboxes, and trash facilities. Furthermore, the agreements require retrofitting of bathrooms, kitchens, entryways, thermostats, and outlets in designated apartments.

Tenants living in the buildings will receive a notice advising them of the law and the structural changes to be made to the exterior and interior of their units. Tenants will be able to request additional modifications to increase accessibility. The modification will be free of charge to the tenants. Additionally, tenants who were harmed as a result the developers' failure to construct the property as legally required will be eligible to receive restitution by submitting a claim to the Attorney General. The Attorney General will then evaluate the claims for compensation and disburse restitution from a $145,000 fund that will be paid by the developers.

The developers must also each hire a consultant, who must be approved by the Attorney General's office, to conduct on-site inspections to determine whether retrofits have been completed as required by the agreement. The agreement also requires the developers to submit a certification to the Attorney General for all future construction confirming that they comply with the accessibility requirements under New York State and federal law.

Curtis Decker, Executive Director of the National Disability Rights Network, said, "We applaud Attorney General Cuomo for his commitment to the civil rights of all New Yorkers. These agreements ensure hundreds of accessible apartments for people with disabilities, and remind us that on the eve of the 20th anniversary of the Americans with Disabilities Act, we still have work to do."

Joe Bravo, Executive Director of the Westchester Independent Living Center, said, "Individuals living with disabilities need accessible housing to live. Accessible housing is not a luxury, but rather a necessity. If you cannot get into your apartment or into your bathroom, how can you function? It is unacceptable that buildings are still being constructed that do not comply with the law. Attorney General Cuomo's investigation and the agreements he has secured hold developers accountable and will require that they make retrofits to these buildings. This is a significant victory."

Stephen McLaughlin, Executive Director of the Action Towards Independence, a not-for-profit organization that provides assistance to disabled individuals in New York, said, "Attorney General Cuomo has put housing developers on notice that inaccessible housing that violates the law will not be tolerated in New York. Building accessible housing rarely costs developers more money but is invaluable to disabled individuals and their families."

These cases are being handled by Assistants Attorney General Brooke P. Davis, Sunita Kini-Tandon, and Vilda Vera Mayuga, under the supervision of Civil Rights Bureau Chief Alphonso B. David and Counsel for Civil Rights Spencer Freedman.

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New York City Economic Development Corporation Seeks Community Events for Atlantic Basin in Red Hook, Brooklyn

Yesterday, the New York City Economic Development Corporation issued a Request for Proposals (RFP) for an event programmer to develop and implement a public events program for the upland portion of Pier 11 at Atlantic Basin in the Red Hook section of Brooklyn. The space consists of two acres of paved open space which is currently used as a bus staging area for cruise operations at the adjacent Brooklyn Cruise Terminal. The RFP seeks to find an organization to program the space for public events throughout the year when there is not a ship in port at the Brooklyn Cruise Terminal. The RFP is a result of a workshop with community members. It seeks both not-for-profit and for-profit uses such as festivals, markets, arts and performance events, and recreational uses.

"Finding creative uses for this otherwise underused space is another step toward achieving Mayor Bloomberg's goal of providing communities access to their waterfronts," said NYCEDC President Seth W. Pinsky. "This RFP offers the community a unique opportunity to convert two acres of land into a great public space for approximately 300 days of the year. The RFP was developed with input from both businesses and residents of the community and I am excited at the prospect of working with them to achieve their goals."

Formed by Piers 10, 11, and 12 on the Red Hook waterfront, the Atlantic Basin is a unique protected body of water centrally located in New York Harbor. Although underutilized until recently, the Atlantic Basin is now an integral part of the bustling Brooklyn waterfront. With Phoenix Beverage at Pier 11, Brooklyn Cruise Terminal on Pier 12, and American Stevedoring already working on the piers, the addition of a public space to the upland portion of Pier 11 will only serve to enhance the already diversified nature of Atlantic Basin.

NYCEDC will use a variety of criteria to evaluate responses to the RFP including: the degree to which community desires are met; the quality and relevant experience of the respondent; the demonstrated success of the respondent to successfully implement similar activities in other locations; and the feasibility of the projected budget. Each proposal should emphasize the potential programmer's relevant experience, with a statement describing the proposed approach to the project.

To obtain a copy of the complete RFP, please visit www.nycedc.com/rfp. Responses are due no later than 4 p.m. on Thursday, May 27, 2010.

About NYCEDC
New York City Economic Development Corporation is the City's primary vehicle for promoting economic growth in each of the five boroughs. NYCEDC's mission is to stimulate growth through expansion and redevelopment programs that encourage investment, generate prosperity and strengthen the City's competitive position. NYCEDC serves as an advocate to the business community by building relationships with companies that allow them to take advantage of New York City's many opportunities. Find us on Facebook or follow us on Twitter to learn more about NYCEDC projects and initiatives.

About the Five Borough Economic Opportunity Plan
The Five Borough Economic Opportunity Plan is a comprehensive strategy to bring New York City through the current economic downturn as fast as possible. It focuses on three major areas: creating jobs for New Yorkers today, implementing a long-term vision for growing the city's economy, and building affordable, attractive neighborhoods in every borough. Taken together, the initiatives that the City has launched to achieve these goals will generate thousands of jobs and put New York City on a path to economic recovery and growth.

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Governor Paterson Announces $2 Million Now Available to Address Vacant Buildings, Revitalize Upstate

Sustainable Neighborhood Demonstration Program Unveiled in State of the State Address   Late last week, Governor David A. Paterson announced the availability of $2 million in funding to revitalize upstate communities through the new Sustainable Neighborhoods Demonstration Program. Local Governments, municipal housing authorities and not-for-profits can now apply for the funding through the State Division of Housing and Community Renewal (DHCR) and the New York State Housing Finance Agency (HFA) to spur the rehabilitation of vacant or blighted residential properties and redevelop vacant land across upstate.  "This initiative will create new, affordable, high quality housing opportunities for families by rehabilitating vacant and abandoned buildings and making them available to renters and first-time homebuyers," Governor Paterson said. "Too many abandoned and neglected properties are eroding the quality of life in communities throughout upstate. The Sustainable Neighborhoods program will serve as a national model for turning these distressed properties into quality affordable housing, creating jobs and boosting the upstate economy."  Targeting existing State resources to the Sustainable Neighborhoods Demonstration Program initiative is a starting point for addressing the vacant housing crisis across upstate New York. The vacant housing crisis inhibits future economic development, discourages homeownership and in-migration and perpetuates the perception that the region's urban areas are in a downward spiral. Without intervention, the surplus of infrastructure and properties will likely persist for years to come and vacancies will continue to spread outwards beyond the city limits, challenging efforts to attract private investment to rebuild upstate cities and the upstate economy.  To address this issue, the Governor first announced the Sustainable Neighborhoods Demonstration Program in his State of the State address in January, and quickly engaged State agencies in identifying potential neighborhoods for targeting existing program resources.  DHCR Acting Commissioner Brian Lawlor said: "Governor Paterson's Sustainable Neighborhoods initiative uses existing program resources in creative new ways to address distressed properties and the critical need for affordable housing in upstate New York. I want to commend the Governor - he gave his housing agencies clear policy direction and we are delighted to make good on one of his State of the State signature initiatives. DHCR is encouraging local community development organizations and local leaders to coordinate projects and establish goals for the development of each new sustainable neighborhood. With the start of construction season upon us, we are confident that this initiative will soon be making a difference in the economic health of communities and in the lives of families who need safe, decent and affordable housing."  HFA Chairman Judd S. Levy said: "We look forward to working with the Governor and DHCR to ensure that the Sustainable Neighborhoods Demonstration Program is a success. Turning vacant and abandoned properties into affordable housing for owners and renters is one of HFA's highest priorities. Reclaiming these properties will improve people's lives, revitalize neighborhoods and stimulate our economy. We look forward to collaborating with our government and nonprofit partners to turn these communities around."  A competitive request for proposals (RFP) for Sustainable Neighborhoods Demonstration Program funds is now available through DHCR and HFA. Local governments, municipal housing authorities and not-for-profit corporations may apply for two categories of funding. Approximately $500,000 is available for Sustainable Neighborhoods Planning Grants to assist in the development of neighborhood revitalization plans that will result in building-specific strategies to rehabilitate vacant and/or blighted residential properties or redevelopment of vacant lots within certain targeted neighborhoods. Approximately $1.5 million is available for Sustainable Neighborhoods Implementation Awards to fund costs associated with the rehabilitation of vacant and/or blighted residential properties, or redevelopment of vacant lots that have been identified in an existing neighborhood revitalization plan.  The Request for Proposals and applications are available at www.nysdhcr.gov and www.nyhomes.org.  Agencies involved in the Sustainable Neighborhoods program include DHCR, the Housing Finance Agency, the Empire State Development Corporation, the Department of Environmental Conservation, the Department of Agriculture and Markets, the Department of Transportation, the Office of Parks, Recreation and Historic Preservation, the Department of State, and the New York State Energy Research and Development Authority.

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In Kiam v. Park & 66th Corp., Victor Kiam sued to prevent his co-op -- the Park & 66th Corporation -- from interfering with his "sun room," which he had built on his apartment's terrace some 35 years ago.

Since Kiam's proprietary lease gave him "exclusive use" of the area next to his penthouse unit, the New York County Supreme Court determined that he had a right to enclose the space and construct a sun roof.

On appeal, the Appellate Division, First Department, concurred.

Apparently, the building's Board had approved the sun room's construction and, after over three decades, had "waived" or relinquished its right to challenge the Kiam's conduct.

Looks like that co-op got eclipsed.

To view a copy of the Appellate Division's decision, please use this link: Kiam v. Park & 66th Corp.

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Jose Telmo Morocho was injured while working on a kitchen renovation project when his power saw recoiled and hit him in the face. He later sued Luigia Ricci - the owner of the home - and his employer, Santo Marino, who lived with Ricci's daughter.

After the Westchester County Supreme Court entered a default judgment against Marino, and dismissed the case as against Ricci, an appeal to the Appellate Division, First Department, followed.

Under N.Y. Labor Law -- Section 241(6) -- owners of one- and two-family homes, who don't direct or supervise the work performed on their property, aren't liable for injuries that may occur.

Since Ricci neither "directed nor controlled" Morocho's work, the appellate court was of the view the homeowner was free of any liability.

The AD1 sawed that one in half!

To view a copy of the Appellate Division's decision, please use this link: Morocho v. Marino Enters. Contr. Corp.

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MAYOR BLOOMBERG, HUD SECRETARY DONOVAN AND NYCHA CHAIRMAN RHEA ANNOUNCE MORE THAN $400 MILLION IN PUBLIC AND PRIVATE FUNDING AND $65-$75 MILLION IN ANNUAL FEDERAL FUNDING TO SUPPORT MORE THAN 20,000 PUBLIC HOUSING UNITS

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Randa Bishop, owner of a commercial unit, sued her condominium's board after it interfered with the alteration of her space.

Bishop claimed that the board withdrew its approval of the work during a "secret meeting" held at the behest of a board member whose outdoor terrace would have been impacted by the renovations. Bishop also argued the Department of Buildings twice rejected the board's attempts to revoke her construction plans.

Since Bishop had the right to renovate her space without the board's approval, as long as that activity didn't create a "'nuisance' or interfere with another resident's peaceful possession or proper use of the property," the New York Supreme Court thought her punitive-damages claim should be permitted to survive.

On appeal, the Appellate Division, First Department, agreed that if the board "intentionally and willfully" disregarded the unit owner's rights, a judge (or jury) could conclude that punitive damages were warranted in the case.

In other words, the AD1 gave this Bishop its blessing.

To view a copy of the Appellate Division's decision, please use this link: Bishop v. 59 W. 12th St. Condominium

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The Buildings Department's Sixth Annual Construction Safety Week will run from April 26 to April 30, 2010. Events during the week will include construction site visits to discuss safety issues with workers, information seminars to review construction trends and specific operations and community meetings in all five boroughs. Last year, Construction Safety Week included 14 events with 25 different speakers and participation by more than 35 different groups and agencies.

As part of last year's safety week, the Department's inspectors, engineers, architects and administrative staff:

• Distributed more than 70 safety harnesses to scaffold workers in Brooklyn;
• Led presentations on new regulations for construction, demolition and abatement sites
• Reviewed new licensing requirements that better ensure safety and qualified workers
• Hosted information sessions for homeowners on resolving building violations and illegal conversions.

Commissioner LiMandri and senior staffers also visited several construction sites across the City to speak with workers about the importance of wearing their safety harnesses to prevent a fall. Eight of the 19 construction-related fatalities in 2008 were due to a worker falling.

Since 2005, Construction Safety Week has been a week-long series of events aimed at raising awareness about safe construction practices. Construction-related fatalities dropped 84% in 2009 when compared to 2008, and these events are a critical way to continue that trend. The combination of outreach events, educational seminars and community meetings during the week is designed to educate all groups affected by construction and increase the safety of neighborhoods throughout New York City.

If you would like participate in this year's Construction Safety Week or have proposals for events or topics, please email safetyweek@buildings.nyc.gov with your suggestions.

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Weatherizing Right

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DEPARTMENT OF BUILDINGS LAUNCHES CITYWIDE CAMPAIGN

ON THE DANGERS OF ILLEGAL CONVERSIONS

The Department of Buildings has launched a citywide campaign to educate New Yorkers about the dangers of illegally converted living spaces.

As part of the new initiative, inspectors, plan examiners and administrative staff have teamed up with firefighters and members of the Mayor's Office of Immigrant Affairs and the Mayor's Office of Community Affairs to distribute more than 60,000 flyers at major transportation hubs and houses of worship throughout the five boroughs.

In an effort to reach as many communities as possible, the flyers have been translated into 10 different languages including Spanish, Arabic, Bengali, Chinese, Haitian-Creole, Hindi, Korean, Russian, Urdu and Yiddish. Starting in November, the purpose of the Living Safely campaign has been to raise awareness about the typical signs of an illegal conversion and the potential consequences of living in such a dwelling.

Regardless of where you live, you should:

• Have two easy ways to exit in the event of an emergency

• Have a carbon monoxide/smoke detector with working batteries

• Never use an extension cord as a main source of electricity

Illegally altered buildings and apartments violate the City's construction codes and can pose serious risks to tenants, neighbors and first responders in the event of a fire or other emergency. In 2008, the Department of Buildings issued more than 1,000 vacate orders for unsafe conditions related to illegal occupancies.

By law, property owners are required to maintain their buildings in compliance with the City's building and construction codes. If they fail to do so, violations, monetary penalties and/or criminal charges could result.

To report an illegal conversion or any other unsafe conditions, please call 311.

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New York City Economic Development Corporation Seeks Developer for Industrial Building in Sunset Park

More than One Million Square Feet Available for Light Manufacturing

Supporting the City's Industrial Sector is an Important Component of the City's Five Borough Economic Opportunity Plan

New York City Economic Development Corporation (NYCEDC) today issued a Request for Proposals (RFP) for the disposition and development of a vacant 1.1 million-square-foot warehouse building, known as Federal Building #2, in the vibrant industrial waterfront area of Sunset Park, Brooklyn. The development site also includes an adjacent 100,000-square-foot parcel of vacant land. The approximately 240,000-square-foot development site is bounded by 30th Street on the north, Third Avenue to the east, 32nd Street on the south, and Second Avenue on the west. NYCEDC is requesting proposals from qualified developers or end users to redevelop the property for light industrial uses. To see the building, please visit the NYCEDC press images gallery.

"Reactivating this tremendous industrial asset is consistent with the Sunset Park Vision Plan introduced by Mayor Bloomberg earlier this year which lays out a series of short and long-term recommendations to strengthen the area as a hub for industrial growth," said NYCEDC President Seth W. Pinsky. "Despite current economic conditions, we feel that this is exactly the right time to be seeking new investments in our City - a sentiment that is confirmed by the numerous inquiries that we have received from the industrial community about the future of this unique property. This RFP represents an excellent opportunity to transform Federal Building #2 into a thriving center of industrial activity."

"A light manufacturing facility at Federal Building #2 holds the potential to rejuvenate Sunset Park and provide jobs for the community's hard-working residents," said Congresswoman Nydia M. Velazquez. "By joining together to develop this urban industrial property, we can ensure that the input of the community is included in this project."

Light manufacturing uses for the building are preferred, but wholesale/distributor uses will also be considered. It is anticipated that the adjacent 100,000-square-foot parcel will be used for parking, but other uses that comply with zoning regulations may be proposed. Proposals may also include a small amount of office space and a limited amount of retail on the lower levels to improve the streetscape and provide services to the building's occupants.

"I am pleased that the City is moving forward once again with a plan for Federal Building #2 that prioritizes industrial development," said Congressman Jerrold L. Nadler. "I strongly support the creation of manufacturing jobs and economic development in Sunset Park, particularly along its re-emerging industrial waterfront. Along with my colleague, Congresswoman Nydia Velazquez, I will continue to work with the City, federal government and community stakeholders to make this unique project as effective and beneficial as possible."

Federal Building #2 was built in 1916 as a warehouse for the Department of the Navy and is currently owned by the federal government and administered by the General Services Administration (GSA). NYCEDC will take title to the property prior to its disposition for development.

The reinforced concrete, eight-story building has 16 elevator shafts and nine stairwells. It features 200-pound-per-square-foot floor loads. It is structurally sound, but may require a new roof, windows and mechanical, electrical, plumbing and HVAC systems, as well as vertical circulation and façade improvements.

Designated as the Southwest Brooklyn Industrial Business Zone, Sunset Park's industrial waterfront is an enclave for light manufacturers and other industrial businesses. Across from the site is the South Brooklyn Marine Terminal, which is being reactivated as a break-bulk maritime port and currently hosts a maritime automobile receiving and processing facility. The neighborhood is serviced by the D, M, N and R subway lines as well as the B29, B35, B63, and B63 buses, allowing the area to draw employees from throughout the City.

"BEDC is pleased that the redevelopment of Federal Building #2 is back on track. We continue to believe that this building represents a rare and unique opportunity to solidify the remaining industrial base in Brooklyn," said Brooklyn Economic Development Corporation (BEDC) President Joan Bartolomeo. "With the unwavering support of the members of Brooklyn's Congressional delegation and the leadership of NYCEDC, this project can get done and will represent a significant step forward in acknowledging the importance of a diversified economy that includes workers at every educational and skill level."

NYCEDC will use a variety of criteria to evaluate proposals, including economic impact on the City, development team qualifications, financial feasibility, relationship to the community, and design components. Respondents are also encouraged to submit a plan to integrate high performance features and green building techniques into design and construction practices for the project. Proposals should also include a Minority and Women-owned Business Enterprises (M/WBE) Utilization Plan to encourage minority and women-owned businesses participation in the project.

For a copy of the complete RFP, please visit www.nycedc.com/rfp. A question and answer session and site visit will be held at 11 a.m. on Thursday, January 14, 2010. Those wishing to attend are required to call 212-312-5721 or e-mail abinns@nycedc.com by Friday, January 7, 2010. Anyone interested in responding to the RFP is encouraged to attend. Proposals are due no later than 4 p.m. on Friday, February 12, 2010.

About NYCEDC
New York City Economic Development Corporation is the City's primary vehicle for promoting economic growth in each of the five boroughs. NYCEDC's mission is to stimulate growth through expansion and redevelopment programs that encourage investment, generate prosperity and strengthen the City's competitive position. NYCEDC serves as an advocate to the business community by building relationships with companies that allow them to take advantage of New York City's many opportunities. To learn more about NYCEDC projects and initiatives, find us on Facebook or Twitter.

About the Five Borough Economic Opportunity Plan
The Five Borough Economic Opportunity Plan is a comprehensive strategy to bring New York City through the current economic downturn as fast as possible. It focuses on three major areas: creating jobs for New Yorkers today, implementing a long-term vision for growing the city's economy, and building affordable, attractive neighborhoods in every borough. Taken together, the initiatives that the City has launched to achieve these goals will generate thousands of jobs and put New York City on a path to economic recovery and growth.

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"While the rest of the country wrings its hands about the national recession, we're building our way out of it. The $4.9 billion Atlantic Yards project - the most extensive development ever undertaken in Brooklyn - is moving forward, bringing thousands of units of housing and thousands of jobs for New York City's middle class. In the past few weeks alone, we've made major investments or reached critical milestones on development projects decades in the making at areas like the Hudson Yards, Hunter's Point South, Coney Island, Willets Point and other neighborhoods across the City. This is no time to wait and see what happens with the national economy and just hope for the best. We're acting more aggressively than ever to create jobs and ensure New York City's best days are still to come."

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On December 17, the three finalists in the urbanSHED International Design Competition presented their revised designs to the competition jury. The jurors include NYC City Planning Commissioner Amanda Burden, FAICP; NYC Transportation Commissioner Janette Sadik-Khan; David Childs, FAIA; Craig Dykers, AIA; Jean Oei; Craig Schwitter, PE; Frank Sciame; Ada Tolla; as well as NYC Buildings Commissioner Robert LiMandri.

As part of the presentations, the finalists discussed how their designs had been further developed with the assistance of engineers and the suggestions of the technical advisory group, comprised of leading industry experts. From December 18, 2009 through January 2010, the final designs will be on display in the Helfand Gallery at the Center for Architecture, located at 536 LaGuardia Place in Manhattan. The winning design will be announced in the new year. View photos from the event.

Listen to a podcast with Commissioners LiMandri, Burden and Sadik-Khan discussing the significance of the competition.

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Office of the Press Secretary

Remarks by The President on Energy Efficiency and Job Creation

Home Depot
Alexandria, Virginia

11:09 A.M. EST

THE PRESIDENT:  Hello, everybody.  Hello!  Hello!  (Applause.)  Thank you guys.  Thank you.  Everybody, please have a seat.

We've got a couple of special guests here today.  First of all, the outstanding senator from the great Commonwealth of Virginia, Senator Mark Warner is here.  Where's Mark?  Right there.  (Applause.)  We've got a couple of champions for job creation here in Northern Virginia -- Gerry Connolly and Jim Moran.  (Applause.)

Can I just ask, how come they got the Home Depot thing and you guys don't have it?  (Laughter.)  What, the senators are too cool to put it on?  What's going on here? (Laughter.)

Working to jumpstart our retrofit efforts around the country, Senator Jeff Merkley and Congressman Peter Welch are here as well.  (Applause.)  We've got Alexandria Mayor William Euille.  Where's William?  There he is.  Good to see you, Bill.  (Applause.)  And we've got Frank Blake and his team here at Home Depot.  Where's Frank?  There he is.  (Applause.)

So seeing how Christmas is just around the corner, and we're at Home Depot, I thought I might knock out some of my holiday shopping.  (Laughter.)  I figure my Energy Secretary wants a few million energy-efficient light bulbs.  (Laughter.)  My Press Secretary wants something that will prevent leaks.

AUDIENCE:  Ooooh!

THE PRESIDENT:  Come on, guys.  (Laughter.)  It took a while there for -- (laughter.)  But I've also come here to spend some time with workers and contractors and manufacturers and small business owners who've been especially hard hit by our economic downturn.  A few of us just spent some time at a roundtable talking about the role they want to play in job creation and in our economic recovery, and how government can best help to give them a boost.

I don't need to remind them or any of you about the situation we found ourselves in at the beginning of this year.  The economy was in a freefall.  As a result of our financial crisis, folks couldn't access affordable credit to run their businesses, or take out an auto loan or a student loan or, in some cases, pay their mortgages.  Home values were plummeting.  And we were hemorrhaging about 700,000 jobs per month.

Today, the economy is growing for the first time in more than a year, and November's job report was the best that we've had in nearly two years.

But the fact is, even though we've stopped the rapid job losses that we were seeing just a few months ago, more than seven million Americans have lost their jobs in the two years since this recession began.  Unemployment still stands at 10 percent.  So we're not finished with our task -- far from it.  We've got a lot of work to do.  And I promise you, in the White House we're hard at work every single day, until every single person who wants a job can find a job.

That's why last week, I announced some additional targeted steps to spur private sector hiring and give an added boost to small businesses by building on the tax cuts in the Recovery Act and increasing access to the loans desperately needed for small businesses to grow.  We'll rebuild and modernize even more of our transportation and communication networks across the country.  And I called for the extension of emergency relief like unemployment insurance and health benefits to help those who've lost their jobs, while boosting consumer spending and promoting job growth.

We also want to take some strategic surgical steps in areas that are going to generate the greatest number of jobs while generating the greatest value for our economy.  From the moment we took office, even as we took immediate steps to deal with the financial crisis, we began investing in newer, stronger foundations for lasting growth -- one that would free us from the cycle of boom and bust that has been so painful; one that can create good jobs and opportunities for a growing middle class.  That's at the heart of our efforts, and clean energy can be a powerful engine for creating that kind of growth.

That's why the Recovery Act included the single biggest investment in job-creating clean energy in our history:  in renewable sources of energy; in advanced manufacturing; in clean vehicle technology; in a bigger, better, smarter electric grid that can carry clean, homegrown energy from the places that harness it to the places that need it.

And after these investments have been given the better part of a year to take root, a picture of their impact is starting to emerge.  I just received a report from Vice President Biden that confirms that as a result of the steps that we've taken, a major transformation of our economy is well underway.  We are on track to double renewable energy production, and double our capacity to manufacture clean energy components like wind turbines and solar panels right here in the United States by the year 2012 -- doubling it.  (Applause.)

But there's a lot more that we can do, and that's what I've come to Home Depot to talk about.

In our nation's buildings -- our homes and our office consume almost 40 percent of the energy we use and contribute almost 40 percent of the carbon pollution that we produce and everybody is talking about right now in Copenhagen.  Homes built in the first half of the last century can use about 50 percent more energy than homes that are built today.  And because most of our homes and office aren't energy-efficient, much of that energy just goes to waste, while costing our families and businesses money they can't afford to throw away.

The simple act of retrofitting these buildings to make them more energy-efficient --insulation new windows and doors, insulation, roofing, sealing leaks, modernizing heating and cooling equipment -- is one of the fastest, easiest and cheapest things we can do to put Americans back to work while saving families money and reducing harmful emissions.

As a result of a variety of investments made under the Recovery Act, including state and local energy grants, we're on pace to upgrade the homes of half a million Americans by this time next year -- half a million Americans:  boosting the economy, saving money and energy, creating clean energy jobs that can't be outsourced.  But this is an area that has huge potential to grow.  That's why I'm calling on Congress to provide new temporary incentives for Americans to make energy-efficiency retrofit investments in their homes.  And we want them to do it soon.

I know the idea may not be very glamorous -- although I get really excited about it.  We were at the roundtable and somebody said installation is not sexy.  I disagree.  (Laughter.)  Frank, don't you think installation is sexy stuff?  (Applause.)  Here's what's sexy about it:  saving money.  Think about it this way:  If you haven't upgraded your home yet, it's not just heat or cool air that's escaping -- it's energy and money that you are wasting.  If you saw $20 bills just sort of floating through the window up into the atmosphere, you'd try to figure out how you were going to keep that.  But that's exactly what's happening because of the lack of efficiency in our buildings.

So what we want to do is create incentives that stimulate consumer spending, because folks buy materials from home improvement stores like this one, which then buys them from manufacturers.  It spurs hiring because local contractors and construction workers do the installation.  It saves consumers money -- perhaps hundreds of dollars off their utility bills each year -- and it reduces our energy consumption in the process.

In other words, most of this stuff is going to pay for itself.  You put in the insulation, you weatherize your home now, you will make up that money in a year or two years or three years, and then everything after that is just gravy.  But the challenge for a lot of people is getting that money up front.  They know that this is a smart thing to do, but times are tight right now and it's hard to afford making that capital investment. And that's where the government can come in to provide the incentive to help people make that initial investment so that they can recover that money over the long term.

These incentives will build on the work that my administration is doing to eliminate existing barriers to retrofitting millions of homes across the country.  My Middle Class Task Force and the Council on Environmental Quality recently released a report titled "Recovery Through Retrofit," that explains some of these hurdles and how we can overcome them: providing homeowners with straightforward and reliable information on retrofitting their homes, reducing their costs to do it, and ensuring that we've got a well-trained workforce ready to make it happen.

So I think this is an extraordinary idea.  All the ideas that we've discussed were talked about at the jobs forum we held at the White House a couple of weeks ago.  And in fact, Frank Blake was there and mentioned that 30 percent of Home Depot's business is made up of small contractors of five or fewer employees who often do this kind of work.  And they and the folks that I met with earlier know just how important a program like this could be.

The economic downturn hit both small contractors and our broader construction industry especially hard.  Construction unemployment reached 21 percent in the beginning of this year.  The investments we made under the Recovery Act has helped, but obviously there's a lot more work to do to put construction workers and millions of other Americans who are ready and eager to help rebuild America and move our recovery forward back on the job again.  And we're not going to rest until we do it.

So it's fitting that we're here today at Home Depot with folks who play a vital role in helping America's families build strong homes and strengthen the ones that they've got, because that's exactly what we're trying to do -- rebuild our -- rebuild America's house on a stronger foundation of growth and prosperity.  It's not going to be easy, but we've got the concrete poured.  And one thing is clear:  We're moving in the right direction.  So I promise you we are going to get this job done.  Together, we can leave something for future generations that makes America that much stronger.

And I just want to emphasize one last point.  There's a lot -- a lot of times there's an argument about economic growth versus the environment.  And in the debate that's going on about climate change right now, a lot of people say we can't afford to deal with these emissions to the environment.  But the fact of the matter is energy efficiency is a perfect example of how this can be a win-win.  Manufacturers like Owens Corning, whose CEO is here today, they win because they produce this stuff.  And those are American jobs.  And right now -- I just heard from the CEO, because Australia put an incentive to do exactly what we're talking about, they've seen a huge increase in their volume of experts -- exports to Australia.  Well, why can't we do the same thing here?

When it comes to contractors, contractors all around the country know that this is work they can do, they can do effectively, they can do well, and it's a reliable business.  It's not going to be subject to as many of the vacillations as home sales are in the current environment where you've got a soft housing market.  So this can help fill the void in a major industry that's taken a big hit.

And the workers, we have somebody who just got trained and is already on the job crawling through attics and putting all this stuff together.  Over the course of six months or a year, somebody can get trained effectively.  And LIUNA is doing terrific work with this -- its apprenticeship program.  And what this means is that people who are unemployed right now, they can get a marketable skill that they can take anywhere.

So this is a smart thing to do, and we've got to get beyond this point where we think that somehow being smart on energy is a job destroyer.  It is a job creator.  But it's going to require some imagination and some foresight, and it requires us to all work together.  That's what this White House is committed to doing.  I know that's what all of you are committed to doing.

We are going to generate so much business for you, Frank.  We are going to generate so much work for you guys from LIUNA. We're going to create so much business -- so many business opportunities for contractors here that over the course of the next several years, people are going to see this I think as an extraordinary opportunity, and it's going to help America turn the corner when it comes to energy use.

I'm excited about it.  I hope you are, too.  See, I told, insulation is sexy.  Thank you very much, everybody.  (Applause.)

END

Posted by Lucas A. Ferrara, Esq. at 3:00 PM | Permalink | TrackBacks (0) | Comments (2)

SCHUMER: NEW CASH FOR CAULKERS COULD BE HUGE WIN FOR LONG ISLAND - CALLS ON OBAMA ADMINISTRATION TO MODEL NATIONAL PROGRAM ON LANDMARK BABYLON ENERGY RETROFIT PROGRAM

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BP MARKOWITZ JOINS MAYOR BLOOMBERG TO BREAK GROUND ON MCCARREN POOL

On Monday, December 7, Brooklyn Borough President Marty Markowitz joined Mayor Michael Bloomberg for a groundbreaking ceremony at McCarren Pool in Greenpoint/Williamsburg. 

"I have no doubt that the McCarren Pool will be one of the most unique and interesting places for people-watching in the city," said BP Markowitz. "From the start, the mayor, Parks Department and the architects have approached the renovation in a way that takes into account the needs and desires of the community. Rather than simply 'diving right in," the planners let community members 'pool their thoughts' and make their own recommendations. Because of that, as this project takes shape, I know things will go 'swimmingly.' Any way you look at it, this pool is what we need, right now. I can't wait to say to Brooklyn and New York City: 'Come in, the water's fine."

Photo credit: Kathryn Kirk 

In photo (left to right): Assembly Member Joseph Lentol; BP Markowitz; Mayor Michael Bloomberg; Brooklyn Parks Commissioner Jules Spiegel; NYC Parks Commissioner Adrian Benepe; Council Member David Yassky; Stephanie Thayer, executive director, Open Space Alliance for North Brooklyn

Press release from Mayor's Office:  

FOR IMMEDIATE RELEASE

MAYOR BLOOMBERG BREAKS GROUND AT MCCARREN POOL

Revitalization of Mayor Fiorello LaGuardia-Era Pool is One of Eight Regional Parks Developed as Part of PlaNYC 

Mayor Michael R. Bloomberg and Parks Commissioner Adrian Benepe today broke ground on the restoration of McCarren Pool in the neighborhoods of Greenpoint and Williamsburg. The $50 million revitalization of this Works Progress Administration-era facility is one of eight regional parks throughout the five boroughs that will be redeveloped as part of PlaNYC, the City's long-term plan to build a greener, greater New York. Mayor Bloomberg and Commissioner Benepe were joined at the groundbreaking by Borough President Marty Markowitz, Assembly Member Joseph R. Lentol, and Council Member David Yassky.        

"As part of PlaNYC, we pledged to restore McCarren Pool to its former glory," said Mayor Bloomberg. "Thanks to the support of many community organizations who have worked side by side with the Parks Department, today we are fulfilling that promise and breaking ground on a $50 million revitalization of this historic landmark. The restored McCarren Pool will at long return as not only a swimming pool but also as a year-round recreational destination."

"The restoration of McCarren Pool is a dream come true for all New Yorkers," said Parks Commissioner Adrian Benepe. "Thanks to Mayor Bloomberg's commitment through PlaNYC, this historic WPA-era pool that had been abandoned for more than a generation is finally being transformed, providing for swimming in the summer, ice skating in the winter, and year-round indoor fitness and recreation. I am grateful to the entire community for their advocacy and their input into this facility, which will be a state-of-the-art recreational oasis for the neighborhood."

Under PlaNYC, 50 million was allocated to fund the renovation of the historic McCarren pool and to develop a year-round recreation center. The redesign also allows for a conversion of the pool to ice skating during the winter months; construction of a year-round recreation center with gym, weight and cardio rooms, multipurpose community rooms, and office spaces; and preservation and restoration of the historic bathhouse building and entry arch. Rogers Marvel Architects LLP designed the restorations with extensive input from the community through a series of public listening sessions.

McCarren Pool was one of 11 public pools opened in the summer of 1936 by Mayor Fiorello LaGuardia and Parks Commissioner Robert Moses. It closed in 1984 due to deterioration of its infrastructure and public opposition to its renovation. The site was abandoned for more than 20 years and was an example of urban blight. Beginning in 2005, the empty pool basin reopened as an interim performance venue, hosting a variety of entertainment events including concerts, dance performances, and film screenings. The McCarren Pool complex represents an important opportunity to enhance recreational opportunities and improve open space for the growing North Brooklyn community.

Located within the 35-acre McCarren Park, the McCarren Pool complex is anticipated to reopen during the spring of 2012.

Other regional parks that will be developed as part of PlaNYC are High Bridge and Fort Washington Park in Manhattan; Soundview Park in the Bronx; Calvert Vaux Park in Brooklyn; Highland Park and Rockaway Beach in Queens; and Ocean Breeze Park on Staten Island.

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Dear Colleagues,  

Please join NYCLA's Environmental Law Committee at 6:00 PM on Monday, December 7 at the free public forum, "Green Building Innovations in NYC."  Hosted in the NYCLA Home of Law at 14 Vesey Street, the panel discussion will focus on sustainable building options in New York City. Please invite your friends and colleagues. 

Panelists: 

Stanley Fishbein J.D, LL.M. (tax), founder and president, CapQuest Group, LLC

Larsen Plano, Green Building project manager, Community Environmental Center

Lori Sokol, Ph.D., publisher, Green Matters magazine

Jon Braman, LEED A.P., Bright Power

Schedule: 

6:00-6:30 PM Networking

6:30-8:00 PM Panel Discussion and Questions

Please RSVP to: dlamb@nycla.org 

We look forward to seeing you there.

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What Life is Like Working in a Green Building?

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Legislation to Increase Safety at Stalled Construction Sites

On Wednesday, October 12, the New York City Council voted to adopt Introduction 1015-a regarding stalled construction sites. The legislation allows for developers to quickly restart stalled construction sites by agreeing to increased safety standards while construction is suspended. The legislation will create a new program

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

Why Do You Need to Be Concerned About Lead?

Lead is a toxic metal that was used for many years in products found in and around our homes. Lead also can be emitted into the air from motor vehicles and industrial sources, and lead can enter drinking water from plumbing materials. Lead may cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and under are most at risk.

Most Common Sources of Lead Poisoning:

• Deteriorating lead-based paint
• Lead contaminated dust
• Lead contaminated residential soil

On this Web site:

• Basic Information Información Básica

• Facts about lead
• Health effects of lead
• Where lead is found
• Where lead is likely to be a hazard
• How to check your family and home for lead
• What you can do to protect your family
• Are you planning to buy or rent a home built before 1978?
• Renovating, repairing or painting a home, child care facility or school with lead-based paint
• Other EPA pamphlets on lead
• Where You Live - Get contacts for lead information in each EPA regional office.

• Renovation, Repair and Painting - Learn about EPA's lead-safety rules and lead-safe work practices.

• Lead Professionals - Read about EPA requirements for lead-based paint abatement for known hazards, inspection, and risk assessment.

• Grants - Read about EPA's grant programs to fund lead poisoning prevention activities in local communities and across the nation.

• Lead in the News - Read about recalls, lead in toys and children's jewelry and more.

• Rules and Regulations - Read about EPA regulations and policy guidance on lead abatement, cleanup, risk assessment, and remodeling and renovations.

• Resource Center - Access links to additional information sources on lead from other EPA offices and organizations involved in efforts to reduce lead exposure.

• Lead Hotline

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

Two Connecticut Landlords Face Fines for Failing to Warn Tenants about Lead Paint

(Boston, Mass. - Oct. 9, 2009) - Two Connecticut landlords face fines for allegedly violating federal lead-based paint disclosure requirements. These violations potentially put tenants at risk of exposure to lead hazards.

Michael Perugini owns 64 housing units in Connecticut. An EPA inspection in May 2008 discovered that Mr. Perugini had not provided lead disclosure information to tenants in five Bristol units that were built before 1978. EPA is seeking a penalty of $52,280 for these violations.

Douglas Paulino owns six rental properties with a total of twelve rental units in Hartford. EPA received a tip that three lead-poisoned children lived in apartments that Mr. Paulino owned. Upon inspection, EPA found that between 2006 and 2009, Mr. Paulino failed to comply with the Disclosure Rule when he leased these properties. Most of the lease transactions involved families with children. EPA is seeking up to $11,000 per violation for the 18 violations of the Disclosure Rule occurring before Jan. 13, 2009, and up to $16,000 for the one violation occurring after that date. The City of Hartford Department of Health and Human Services assisted with the development of this case, including conducting a joint inspection with EPA.

Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities; impaired hearing; reduced attention span, hyperactivity and behavioral problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

"Disclosing potential lead hazards in housing to prospective tenants helps parents protect young children from lead poisoning," said Ira Leighton, acting regional administrator of EPA's New England office. "Exposure to lead paint continues to be a problem in New England, because so much of our housing stock was built earlier than 1978. Helping parents understand the risk of lead in older homes means protecting kids from lifelong harm."

Federal law requires that property owners, property managers and real estate agents leasing or selling housing built before 1978 provide the following information to tenants and buyers: an EPA-approved lead hazard information pamphlet, called Protect Your Family from Lead in Your Home; a lead warning statement; statements disclosing any known lead-based paint and lead-based paint hazards; and copies of all available records or reports regarding lead-based paint and lead-based paint hazards. This information must be provided to tenants and buyers before they enter into leases or purchase and sales agreements. Property owners, property managers and real estate agents equally share responsibility for providing lead disclosure information and must retain copies of records regarding lead disclosures for three years.

More information: Lead paint disclosure enforcement in New England (www.epa.gov/ne/enforcement/leadpaint/index.html)

# # #

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Nivine Santoro filed a small claims court case claiming Robert Rizzo improperly performed masonry work. (Rizzo was supposedly hired to build a brick mailbox in a location which required a permit to do so.)

After a nonjury trial, the Town of Hyde Park Justice Court awarded Santoro only $712.22 of the $1,315 requested. On appeal, the Appellate Term, Second Department, thought that the responsible party was "Bob Rizzo Custom Masonry, Inc.," rather than "Robert (Bob) Rizzo," in his personal capacity.

And, since the AT2 also didn't think the award should have been based on an invoice that was neither a receipt nor marked paid, the Justice Court's judgment was reversed and the case was sent back for a new trial.

In other words, that one got returned to sender.

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Throwing Away An SBA Application Is Like Throwing Away Money 

Release Number: 1857-020

CHEEKTOWAGA, N.Y. - If there is one message that state and federal officials would like to share with residents of Cattaraugus, Chautauqua and Erie counties recovering from the August 8-10, 2009 storms and flooding, it is fill out and return your U.S. Small Business Administration (SBA) application - Don't Throw It Away!

After an applicant registers with the Federal Emergency Management Agency (FEMA), they may receive a loan application package from the SBA. Typically, people may think that the loans are only for businesses or they simply do not want to take out a low-interest disaster loan - and so they may push the SBA documents to the side or possibly discard them.

"This is where people tend to take themselves out of the process," said State Coordinating Officer John R. Gibb, who is also the New York State Emergency Management Office (SEMO) Director. "They don't complete the paperwork and miss out on FEMA aid beyond help with home repairs and rental assistance."

Applicants should know:

• Disaster loans up to $200,000 are available to homeowners to repair/replace real estate. Homeowners and renters are eligible for up to $40,000 to repair/replace personal property. Interest rates for residents are as low as 2.750% with terms as long as 30 years. Businesses and non-profit organizations of any size may borrow up to $2 million at an interest rate as low as 4% to repair or replace damaged or destroyed real estate, machinery and equipment, inventory, and other business assets. 
• Filling out the SBA application is a necessary step to be considered for some other forms of disaster assistance. Applicants may be eligible for more aid.
• If SBA is unable to approve a loan, the applicant may be referred back to FEMA for some other disaster aid. Applicants may be awarded assistance for personal items, repair or replacement of a vehicle, etc.

"If you received an SBA application, but haven't done anything with it yet, please take another look," said Federal Coordinating Officer Jaime E. Forero. "Contact FEMA or SBA for any questions you may have about the process."

Register or follow up on applications by going online to www.disasterassistance.gov or calling 1-800-621-FEMA (3362); TTY 1-800-462-7585. Applicants can also visit nearby disaster recovery centers for face-to-face assistance. For SBA information, call 1-800-659-2955 or visit the SBA web site at www.sba.gov/services.

FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capabilities to prepare for, protect against, respond to, recover from and mitigate all hazards.

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THOMPSON AUDIT: SUBWAY STATION REPAIRS WAY OFF TRACK

--About two-thirds of defects observed by auditors went unreported --

New York City Transit is failing to repair reported defective and dangerous conditions - holes in station ceilings and platforms, corroded metal, loose or warped rubbing boards and broken steps - in commuter areas at subway stations across the city, according to a new audit by New York City Comptroller William C. Thompson, Jr.

The year-long audit - launched amid concerns about systemic repair delays - exposed a number of hazardous conditions left unfixed by New York City Transit (NYCT) for months, if not years.

"We recently averted tragedy when a subway ceiling collapsed onto tracks in Upper Manhattan. That should have signaled not just the need - but the urgency - to repair hazardous conditions," Thompson said. "Instead, it's as if New York City Transit is looking the other way. New Yorkers deserve better."

Chief among the findings:

·        About two-thirds of the 144 defects observed at 50 sampled stations on different occasions between November 6 and December 12 were not reported by NYCT station supervisors to maintenance shops for follow-up.

·        NYCT lacks a clear standard for the frequency of station inspections, and does not routinely use inspection reports or keep them on file.

·        A Comptroller's test involving 425 sampled trouble-calls at the 50 stations uncovered that defective conditions reported to the maintenance shops are not always repaired.

·        About 15 percent of the defects associated with trouble-calls observed at the stations had not been repaired, despite being reported well over 60 days prior to the inspections.

·        NYCT's database even showed that some conditions were repaired and had been closed out as fixed - even though the conditions still existed.

NYCT is the largest agency in the Metropolitan Transportation Authority's regional transportation network, operating 27 subway lines consisting of nearly 6,500 subway cars that travel over 660 miles of track connecting 468 active stations throughout four of the five City boroughs. The subways serve about 4.5 million riders daily.

In the course of the audit - which covered July 1, 2007 to March 31, 2009 - auditors visited 50 stations accompanied by either a station supervisor or superintendent, conducted separate inspections, and photographed many of the defective conditions.

Defects indentified during independent inspections

About two-thirds of the defects initially observed at the 50 sampled stations were not reported for follow-up. During independent inspections of the 50 stations, auditors found 144 reportable defects at 42 stations. Upon comparing the results of the inspections to the December 22, 2008 copy of the trouble-call database generated after auditors' inspections, it was discovered that only 45 (31 percent) of the 144 defects were recorded in the database. The remaining 99 (69 percent) defects were not recorded in the trouble-call database because they apparently had not been reported to the maintenance shops for repair.

Between February 9 and 13 of this year - about 60 days after the inspections - auditors revisited 27 of the 42 sampled stations where they had observed defective conditions to determine whether 100 of the previously observed defective conditions were corrected, and found that 54 had not been.

 The conditions included:

·        Missing riser tiles on the staircase at the 33^rd Street station (above) on the No. 6 line in Manhattan. Auditors observed the missing tiles on November 25, 2008 and again during their reinspection on February 9, 2009 despite a December 22, 2008 trouble call.

·        A damaged platform ceiling at the Smith and 9^th Streets station on the F and G lines in Brooklyn. Auditors saw a number of defects including peeling paint, rust conditions, a hole in the ceiling of the northbound platform, and broken concrete on a stair tread on the mezzanine staircase. None of these conditions were reported as trouble-calls.

·        A loose electrical or telephone box hanging from a wire at the 116^th Street station of the A line in Manhattan. On November 24, 2008, auditors saw the box hanging from its feed cable on the north end of the southbound platform and noted that the box was within riders' reach. When auditors returned on February 12, the box was still broken and no trouble-call had been reported.

The NYCT asserted that supervisors do not report certain conditions such as peeling paint because they either cannot be remedied by maintenance shops or are the responsibility of another division. The NYCT also said that paint and iron defects are alternatively identified through Capital Programs, Capital Program Management and Budget consultant structural surveys, Subways Infrastructure Engineering structural inspections and station condition assessments.

"Yet, many of these surveys may not be conducted frequently enough to ensure that all defective conditions that could be potentially hazardous to the riding public are identified, reported and addressed promptly," Thompson said.

Status of reported defects on accompanied inspections

During walkthroughs of the 50 stations between November 6 and December 12, auditors found defects associated with 399 of the 425 sampled trouble-calls that had been reported to the maintenance shops for repair. However, neither auditors nor the station supervisors could find the defects associated with the remaining 26 sampled trouble-calls because their locations were not clearly identified in the trouble-call database.

Of the 399 sampled defects that were found, 63 (15 percent) had not been repaired, despite being reported to maintenance shops well over 60 days prior to auditors' inspections. For these 63, an average of 48 days - ranging from seven to 167 days - had elapsed from the date the calls were received and recorded in the trouble-call database by the maintenance shops. Overall, 16 percent of these 63 calls exceeded the NYCT's 60-day performance period for responding to such calls. Additionally, 42 of the 63 (67 percent) defects were closed out as having been completed by shops. 

 They included:

·        A loose stair handrail at the E9 northbound stairway (above) at the 71 Street station of the D and M lines in Brooklyn. A trouble-call was generated on June 2, 2008 and was closed out as completed on that same day. However, auditors found the handrail loose and unsecured on December 12, 2008.

·        A loose metal wall panel at the south end section of the southbound elevated platform at 88^th Street-Boyd Street station of the A line in Queens. On June 20, 2008 a trouble-call was generated and was closed out as completed on July 12, 2008. However, when auditors visited on November 20, 2008, the top part of the metal wall panel remained broken.

·        A loose board at edge of the southbound platform of the Cortelyou Road Station of the Q line in Brooklyn. On April 8, 2008 a trouble-call was generated. This call was not completed and therefore not repaired. When auditors visited on November 12, 2008, they observed that the condition had not been repaired.

Weaknesses in station inspections

Thompson said the audit findings highlight that station supervisors do not adequately inspect stations or identify and report potentially hazardous conditions to the maintenance shops, which could be due to a lack of a clear understanding by supervisors of conditions that should be reported.

Auditors noted that there are procedures governing how trouble-calls are recorded, assigned, closed out, tracked and reported. However, auditors found weaknesses in those procedures.

Further, auditors reported that customer complaints about defects are not appropriately handled. Of 20 defects auditors reported by phone to MTA Customer Service in February and March of this year, only four (20 percent) were recorded; the other 16 (80 percent) were not logged.

Additionally, auditors found that NYCT lacks a reliable computerized system to manage and assess maintenance activities and facilitate accurate record-keeping, data collection and analysis. Because monthly reports are generated from the trouble-call database covering the maintenance shops' performance in addressing trouble-calls, the reports posed concerns regarding their accuracy.

The Comptroller made 16 recommendations, asking NYCT to:

·        Ensure that station inspections are appropriately performed by station supervisors and that all observed defects are reported to maintenance shops;

·        Establish a minimum requirement for frequency of station inspections and include this requirement in the Station Supervisor Training Program Manual and other operating procedures;

·        Ensure that required inspection and frequency reports are used to evidence inspections and establish record maintenance requirements for such reports;

·        Establish minimum requirements for supervisors to randomly review the work performed by maintenance personnel and to report on these observations. These reviews should be used as part of employee evaluations; and,

·        Consult the Information Technology-Information Systems (IT-IS) department within the agency to discuss the weaknesses and needs of the MSU in tracking trouble-calls.

Posted by Lucas A. Ferrara, Esq. at 5:00 PM | Permalink | TrackBacks (0) | Comments (0)

On October 13, 2009, new rules related to the filing requirements of asbestos abatement documents go into effect.

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In Bloomingdales, Inc. v. New York City Tr. Auth., Bloomingdales sued the New York City Transit Authority (NYCTA) to recover $165,000 the store incurred replacing a drainpipe.

In 1999, during the course of an excavation project, an independent contractor working for NYCTA mistook a drainpipe that ran down the store's roof for a dead water main, cut the pipe, and installed a conduit encased in concrete. Shortly thereafter, Bloomies began to experience flooding in its space.

Some three years later, Bloomies discovered the cause of the problem, installed a new drainpipe, and sued NYCTA claiming negligence, trespass and nuisance.

The New York County Supreme Court ended up dismissing the case because Bloomies' had waited too long to file its claim. (By law, the company had only one year and ninety days to bring a case.)

On appeal, the Appellate Division, First Department, and the New York State Court of Appeals were both of the view two separate "wrongful" acts had occurred: the cutting of the drain pipe and the installation of the conduit. While the store may have missed the deadline as far as the cutting was concerned, our appellate courts thought the installation of the conduit comprised a "continuous trespass" which remained actionable.

The City sure got a scrap-full there.

To view a copy of the Court of Appeals's decision, please use this link: Bloomingdales, Inc. v. New York City Tr. Auth.

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Pamela Pryor sued the City of New York and Judlau Contracting, Inc. after she tripped and fell over a sidewalk bollard's exposed base plate.

When the New York County Supreme Court dismissed the case as against Judlau, Pryor appealed to the Appellate Division, First Department.

The AD1 thought that Judlau established that it hadn't performed construction work "at or near the area" where Pryor had fallen and that the testimony of Pryor's expert -- as to the accident's cause -- was "speculative and without support in the record."

Some trip.

To view a copy of the Appellate Division's decision, please use this link: Pryor v City of New York 

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (3)

Things To Consider When Hiring A Contractor

Release Date: August 27, 2009
Release Number: 1855-014

More Information on Kentucky Severe Storms, Straight-line Winds, and Flooding

2009 Region IV News Releases

FRANKFORT, Ky. -- "Be very cautious when hiring contractors to repair storm-damaged property," say federal and Commonwealth officials to Jefferson County survivors of the Aug.4 severe storms and flooding.

Kentucky Division of Emergency Management Director Brig. Gen. John W. Heltzel cautions disaster assistance applicants to take the time to make sure a contractor is reputable and qualified to perform the work. "Do this before beginning the work to protect yourself from unsatisfactory work and to save yourself time and money," he said.

Ask contractors for names of previous customers. Call several former customers who had similar work done to make sure they were satisfied with the job. Check the Better Business Bureau's Web site, www.bbb.org for information on area contractors.

The Federal Emergency Management Agency's Federal Coordinating Officer, Michael J. Lapinski, stated, "FEMA does not recommend nor endorse contractors. If contractors claim they are authorized by FEMA to do repair work, do not believe it."

Things to consider when hiring a contractor:

• Get a written estimate. Compare services and prices before making a final selection;
• Ask for proof of insurance. Make sure the contractor carries general liability insurance and workers' compensation. If the contractor is not insured, the homeowner may be liable for accidents that occur on the property;
• Insist on a written contract. A contract should clearly state all tasks to be performed, all costs and the payment schedule. Never sign a blank contract or one with blank spaces. Make sure the contract states who will apply for the necessary permits or licenses. Keep a copy for your files;
• Get any guarantees in writing. Any guarantees made by the contractor should be written into the contract. The guarantee should clearly state what is guaranteed, who is responsible for the guarantee and how long the guarantee is valid;
• Make final payment only when the work is completed. Do not sign completion papers or make the final payment until the work is completed to your satisfaction. A reputable contractor will not threaten or pressure you to sign if the job is not finished properly;
• Pay by check. Do not pay with cash. The safest route is to write a check to the contracting company. A reasonable down payment is 30 percent of the total cost of the project, to be paid upon delivery of materials;
• Canceling a contract. This should be done within three business days of signing. Be sure to follow the procedures for cancellation that are set out in the contract. Send the notification by registered mail with a return receipt to be signed by the contractor;
• Consumer complaints. May be filed with the Commonwealth Attorney General's office. The toll-free Consumer Protection Hotline number is 1-888-432-9257.

FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

Posted by Lucas A. Ferrara, Esq. at 3:00 PM | Permalink | TrackBacks (0) | Comments (0)

FOR IMMEDIATE RELEASE
Press Release # 055-09
Tuesday, August 25, 2009

Prevent Window Falls this Summer: Make Sure Window Guards Are in Place

9 children have fallen in the past 3 months

August 25, 2009 --Open windows offer relief from the summer heat, but they can pose hazards for small children. To protect children from falls, the Health Department urges New Yorkers to make sure window guards are in place. City law requires the owner of any building with three or more apartments to install window guards in units where children under age 11 live. Anyone caring for children 10 years old or younger in their home should inform their building's owner or superintendent and ask to have window guards properly installed. People living in one- or two-family homes should consider installing guards in any window not used as an emergency exit.

"Window guards prevent falls and protect children," said Dr. Thomas Farley, New York City Health Commissioner -- "but only if landlords, tenants and parents make sure they are installed. Even if you don't have children living in your home, it's a good idea to install window guards if children visit frequently."

Nine New York City children have fallen from residential windows since June. Six of the nine falls could have been prevented if the window guard regulation was followed. Three of the six falls resulted in death.

Tenants whose landlords fail to provide window guards can call 311 to file a complaint. Landlords may also call 311 to report tenants who refuse to have approved window guards installed as required by law.

If children 10 years or younger live in your apartment, or if you provide child care services in your apartment, you must:

• Inform the landlord if you live in a building with three of more apartments.
• Let the landlord come in to install approved window guards.
• Not remove window guards, even partially, once they are installed.
• Not make alterations to window guards.

Families living in one or two story homes should consider installing window guards in any window not used as an emergency exit if they have young children.

Approved Window Guards and Proper Installation

Every window guard must have a Health Department approval number on the inside stile and must be appropriate for the window it occupies. For information on approved window guards, where to buy them and how to install them, New Yorkers can call 311 and ask for the Health Department's Window Falls Prevention Program.

The Health Department offers the following guidelines to determine if your approved window guards are properly installed:

• On regular double-hung windows (pictured above), two L-shaped stops should be screwed into the window's track -- one on each side -- to keep the bottom window from rising more than 4 ½ inches above the top bar of a window guard. If you don't have double-hung windows, you must use special window guards and approved stops.
• Whatever the window type, it should not have an unguarded opening of more than 4 ½ inches if children live in the unit. Approved limiting devices should be installed on any window for which a window guard is unavailable.
• The window guard must be installed securely on both sides with one-way or tamper-proof screws approved by the Health Department.
• A window guard installed in a rotting or insecure frame may fall out. Landlords must repair or replace insecure window frames and install approved window guards.
• If a window guard must be removed to install an air conditioning unit, the job should be done by a professional. The air conditioner must be installed with one-way or tamper-proof screws, and the side panels should be made of metal or another solid, rigid material.

Additional Recommendations to Prevent Window Falls

• Check window guards periodically to assure they are secure. If a window guard feels loose when you push or pull the bars, it could become detached or fall out if a child leans or climbs on it.
• Never let your child play on balconies, rooftops or fire escapes, near elevator shafts, or in hallways with windows that do not have approved window guards.

For more information about approved window guards, preventing window falls, or about your rights as a tenant, call 311 or visit: Window Falls

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

Our partner, Glenn H. Spiegel was quoted in the Real Estate Section of Sunday's New York Times.

Here's the piece in its entirety:

Taking Responsibility for Plumbing Repairs

I live in a rent-stabilized Manhattan apartment. My landlord recently implied that by sending in a plumber to fix a nonworking toilet, she was doing me a favor. Isn't plumbing the owner's responsibility?

 Glenn H. Spiegel, a Manhattan real estate lawyer, says that responsibility for the cost of the repair depends on the cause of the problem.

"If the repair is of a routine nature or is the result of a malfunction caused by ordinary wear and tear," he said, "then the landlord would be responsible."

On the other hand, if the situation is caused by the tenant -- if, for example, the tenant makes an improper repair -- the landlord can take the position that the tenant is liable.

# # #

To view the original piece, please use this link: Who Pays for Plumbing Repair?

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (4)

License Suspension and $100,000 Fine for Electrician

The Department has suspended the license of Master Electrician Robert Spallino and fined him $100,000 after determining he installed cheap, illegal wooden parts inside the electrical systems of five high-rise hotels in midtown Manhattan.

Upon a routine inspection, DOB's Electrical Unit first discovered Spallino and his employees used the pieces of carved wood at 37 West 24th Street, creating a serious fire safety hazard at the 21-story building. The wooden chocks were
 
used to support electrical cables instead of the metal, insulated collars required by the Electrical Code.

After further investigation, Electrical Inspectors found similar work at four nearby hotel construction sites.

Inspectors stopped work immediately at each location and required the property owners to install the metal collars and hire a licensed engineer to test the integrity of the cables. All of the work has since been corrected.

"New Yorkers depend on the construction industry to perform safe work that is in accordance with the law,' said Buildings Commissioner Robert LiMandri. "It is disturbing to learn of a licensed professional who disregarded the safety of the public for a profit."

As a result of the inspections, Department attorneys filed administrative charges against Spallino, which led to a one-year license suspension and the $100,000 fine.

For the next eight months, Spallino will be on a probationary period to complete any active projects and correct any open violations before his license suspension takes effect. All of his work will be closely monitored by the Department.

Following the year-long suspension, he will enter a two-year probationary period during which all of his work will be subject to Department review.

"I would like to commend our inspectorial and legal units for preventing a potential catastrophe from occurring," said Commissioner LiMandri. "This sends a strong message to the industry that this type of shoddy work will not be tolerated."

The actions taken against Spallino were led by the Department's Special Enforcement Team, a unit of attorneys, plan examiners, inspectors and support staff that identifies professionals, building owners and contractors who blatantly disregard the law. Created in 2007, the unit researches offenders' networks and patterns, builds cases for prosecution and refers licensed and registered professionals to the State for discipline.

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

In Ram v. 64th Street-Third Ave. Assoc., LLC, Trevor Ram reached up to turn off a ceiling fan and was injured by the revolving blades.

Ram later sued 64th Street for negligence because the fan was situated in a parking garage which 64th Street had leased out to his employer.

When the New York County Supreme Court granted 64th Street's request to dismiss the case, an appeal to the Appellate Division, First Department, followed.

Since the governing lease required the garage "to keep all fixtures in good working order and to make any nonstructural repairs at its own expense," the AD1 saw 64th Street as an "out-of-possession landlord," who wasn't liable for any hazards the fan created.

Moreover, any purported violations of New York City's Administrative Code (relating to installation and operation of HVAC systems) were inapplicable since the fan wasn't "ducted or connected to the building's air distribution system."

The AD1 certainly gave it to Ram!

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Greaves was working on a concrete wall, which suddenly collapsed, causing blocks to slam into his scaffolding. Because it wasn't properly secured and Greaves wasn't wearing a safety harness, the scaffolding tipped over and Greaves fell to the ground.

When the New York County Supreme Court granted Total Safety's request to dismiss the case, Greaves appealed to the Appellate Division, First Department, which was of the view there were questions as to whether it was Total Safety's responsibility to "supervise and control Greaves' use of the scaffold." (The evidence suggested the company's site manager conducted daily safety inspections and was required to "make certain" that the scaffold was "properly equipped.")

So much for Total Safety. To view a copy of the Appellate Division's decision, please use this link: Greaves v. Obayashi Corp.

Posted by Lucas A. Ferrara, Esq. at 12:00 PM | Permalink | TrackBacks (0) | Comments (0)

In Ruxton Towers, L.P. v. Floratos, Andrew and Jean Floratos leased two different rent-stabilized apartments, removed the adjoining wall, and, combined the units without the owner's permission. Thereafter, a holdover proceeding against the Floratos was filed, based on those unauthorized alterations.

The parties then entered into a stipulation of settlement wherein the tenants agreed to incur the costs of legalizing the combined premises, signed an "unregulated lease," and, the rent was set at $2,001 a month. (A sum which exceeded the "legal rent" for the two units.)

After the tenants breached that agreement, and the New York City Civil Court awarded possession to Ruxton Towers (the landlord), the Floratos appealed to the Appellate Term, First Department, claiming the settlement was unenforceable because it violated public policy.

Unless the agreement falls within an exception authorized by statute or case law, a waiver of statutory protections usually isn't unenforceable, even when they might benefit a tenant.

The AT1 was of the view that since the alterations which triggered the higher rent were made by the tenants, rather than the owner, a "newly created unit" didn't come into existence and the underlying agreement couldn't be "countenanced."

Why wouldn't the Appellate Term allow for a stipulated resolution of the controversy?

Didn't the tenants face possible eviction for the unit's illegal alteration?

Guess, all in all it's just another brick ....

To view a copy of the Appellate Term's decision, please use this link: Ruxton Towers, L.P. v. Floratos

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (1)