400-406 West 57th Street. Image Credit: Google Maps.
On July 22, 2024, the New York City Department of Buildings and the New York City Law Department commenced a lawsuit against Windermere Properties LLC, Windermere Holdings LLC, and Mark Tress. The city alleges these property owners of the buildings in the Clinton area of Manhattan (400, 402, 404, 406 West 57th Street and 869 9th Avenue) have neglected their buildings since they were purchased in 2009 by treating the sidewalk sheds as additions to the buildings and not fixing crumbing facades. The City claims this neglect has resulted in hundreds of code violations under the Nuisance Abatement Law and the NYC Construction Codes.
Prior to this matter, in 2022 the City brought a criminal case against the owners of the buildings in an effort to keep New Yorkers safe by keeping sidewalks clear and removing unsafe building facades and sidewalk sheds. Windermere Properties LLC pled guilty to failing to maintain the building and received multiple orders from the City to make the necessary repairs, but has not complied with any of the orders.
To spearhead the 15-year neglect of these five buildings, the City is compelling the property owners to do three things. The first is repair and maintain the sidewalk sheds to ensure they are sanitary, safe, and code-compliant. Sidewalk sheds have been a hallmark concern for the Adams administration and Department of Buildings. In July 2023, Mayor Eric Adams and Buildings Commissioner Oddo announced the “Get Sheds Down” program. The program aims to reinvigorate the rules governing sidewalk construction sheds to remove sidewalk sheds from city streets quicker and redesigning those that are essential for public safety.
The second action that must be taken by the property owners is having the building facades inspected by a Qualified Exterior Wall Inspector (QEWI) to comply with the City’s Facade Inspection and Safety Program (FISP) immediately. The third is complete repairs of all facade issues to expedite safe removal of facades and sheds to rectify unsafe conditions. These actions are expected to be completed by the property owners in the immediate months. In addition to the code violation corrections, the City is seeking civil penalties for the past due violations and $1,000 per day per building for violations under the Nuisance Abatement Law.
Buildings Commissioner Jimmy Oddo said, “The Windermere should be considered an architectural treasure for our city, but unfortunately the owners have allowed the property to fall into deep disrepair and have kept the building shrouded behind a sidewalk shed and fence for years. Property owners need to understand that we are no longer tolerating when they put off critical building repairs and allow long-standing sidewalk sheds to detract from the livability of our city.”
Acting Corporation Counsel Muriel Goode-Trufant said, “We are taking action against property owners who continue to ignore the City’s orders to bring their buildings up to code. Owners of the Windermere face substantial civil penalties, in the range of tens of thousands of dollars and growing, for their persistent non-compliance. They must immediately address the issues that pose a risk to the public. These owners are not above the law and will be held fully accountable.”
By: Chelsea Ramjeawan (Chelsea is the CityLaw intern and a New York Law School student, Class of 2025.)’