ECB found federal Postal Service not exempted from Noise Code on grounds of preemption. On April 4, 2014 the Department of Environmental Protection issued a notice of violation against the Staten Island Main Post Office for operating an air conditioning unit in excess of the allowable decibel limit under the City Noise Code. The Post Office contested the notice with the Environmental Control Board, arguing the United States Postal Service was “an independent establishment … <Read More>
Administrative Decisions
ALJ Finds Landlord Harassed Tenants
Testimony showed landlord Aimco routinely ignored maintenance requests and issued baseless eviction threats. The NYC Department of Housing Preservation Development charged Aimco with a dozen different forms of harassment against their tenants. Aimco is the owner of the Tempo, a Class A hotel at 238-244 West 73rd Street, with 150 rent-stabilized single-room occupancy (SRO) units and 75 SRO units rented at market-rate. Aimco’s representative, John Bezzant, denied the charges and petitioned for a certificate of … <Read More>
Delay in Receiving LPC Permit No Defense to Failure to Acquire DOB Permit
Owner of individual landmark was ordered by Buildings to obtain a permit to correct illegal work. On September 10, 2013, Marilyn Levine, owner of an individually landmarked 1846 Greek Revival townhouse at 5 West 16th Street in Manhattan, was issued a notice of violation (NOV) by the Department Buildings for failing to comply with an order to obtain a Buildings permit to correct a violation for work done without a permit. The original violation was … <Read More>
ECB Held Premises Used as Adult Establishment Violated TCO
Respondents argued DOB-approved alteration plans sufficient to change occupancy of premises from cabaret to adult establishment. On October 13, 2011, the City’s Department of Buildings (DOB) issued notices of violations to 725 7th Avenue Realty Co. for illegal use of the premises as an adult establishment, as well as illegal use of the second floor and cellar. The premise is currently occupied by the Lace Gentlemen’s Club located at 725 7th Avenue in Manhattan.
The … <Read More>
ECB Upholds $40,000 in Fines for Illegal Signs on Bodega
Company argued that two promotional contest signs installed at bodega were accessory signs. On September 9, 2010, the City’s Department of Buildings issued four notices of violation to Contest Promotions NY LLC for two signs installed at the New Grocery and Deli located at 175 Grand Street in Brooklyn. Contest Promotions is a promotional company that works with businesses to promote contests and sweepstakes. The sign featured advertisements for the Nikita television program and … <Read More>
Residential Property in Brooklyn Used for Commercial Purposes Padlocked
Brooklyn property with two-family home was being used as contractor yard, junk salvage, and for commercial vehicle storage. Between December 2011 and April 2012, the City Department of Buildings sent inspectors three times to 2422 West 1st Street between Avenues X and Y in Gravesend, Brooklyn. The R4 residentially zoned lot is occupied by a two-story, two-family home. The inspectors, during their visits, observed in the property’s rear and side yards construction equipment and … <Read More>