Multiple Dwelling Law

Balcony Ruled Not Part of Loft

Loft tenant counted terrace/balcony to reach statutory minimum of 400 square feet. David Coventry rented unit 1109 of a loft building located at 475 Kent Avenue, Brooklyn. Coventry applied for coverage and protection under the Loft Law. The owner of 475 Kent Avenue opposed, arguing that unit 1109 measured less 400 square feet, the minimum size required to be covered by the Loft Law. Coventry responded that unit 1109 would meet the 400 square foot … <Read More>

Hotel Use Ruled Unlawful

Hotel continued to operate transient use despite amendments to the Multiple Dwelling Law. The Royal Park Hotel, located at 258 West 97th St., Manhattan, operates as a transient use hotel. On July 5, 2012, Buildings issued a notice of violation to the Royal Park Hotel charging that it was operating as a transient hotel in violation of its 1964 certificate of occupancy. The 1964 certificate of occupancy classified the building as class A, a … <Read More>

False Filings Result in Permanent Ban

Licensed PE made multiple false and negligent filings with Buildings. The Department of Building brought an administrative proceeding against Scott Schnall, a licensed professional engineer, alleging that he knowingly or negligently made false statements in eleven alteration applications filed with Buildings between 2010 and 2014. Six of applications were in violation of the Zoning Resolution, the Multiple Dwelling Law, or the Administrative Code. The alteration applications filed related to six properties in Brooklyn.

Comptroller Audit Reveals that HPD Failed to Collect $34.2 Million in Assessed Penalties

Comptroller’s audit finds that HPD’s collection efforts did not result in the collection of the vast majority of the money judgments referred to its Judgment Enforcement Unit. On November 17, 2016, the Office of the City Comptroller Scott Stringer released a report of an audit of the Department of Housing Preservation and Development. The audit sought to evaluate HPD’s efforts in collecting outstanding money judgments resulting from assessed penalties.

Appellate Court Upholds BSA Approval of Rooftop Additions

Tenant objected to BSA’s interpretation of Multiple Dwelling Law that legalized sixth-floor additions to East Village tenements. In October 2006, Ben Shaoul, the owner of two adjacent five-story tenements located at 514 and 516 East 6th Street in the East Village, filed an application with the City’s Department of Buildings seeking an alteration permit to add two floors to each building. The proposal did not comply with the fire safety requirements of the Multiple … <Read More>