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Enforcement Must Follow City’s Address Permit Fraud Promise

An image from the CRP’s April 16 presentation to CB4’s Housing, Health & Human Services Committee.
An image from the CRP’s April 16 presentation to CB4’s Housing, Health & Human Services Committee.

BY BILL BOROCK, For The Council of Chelsea Block Associations and Save Chelsea

The Council of Chelsea Block Associations (CCBA) and Save Chelsea want to thank you, Chelsea Now, for Eileen Stukane’s “Report Exposes Lying Landlords, Devious Developer” (news, April 23, 2015).

Her article described the PowerPoint presentation given to Community Board 4’s Housing, Health & Human Services Committee by members of the Community and Residents Protection Task Force (CRP), a group established by CCBA and Save Chelsea for the purpose of stopping the proliferation of landlords and developers who buy buildings and then empty them by harassing the tenants and/or residents.

As your article reported, one tactic they use to achieve their goal is to provide false information on their construction permit applications  that they submit to the Department of Buildings (DOB). They state that the buildings are unoccupied and/or have no rent regulated residents/tenants living in the building. As a consequence, by lying they get the permits, and they avoid providing the residents/tenants the mandated Tenant Protection Plans and other safety requirements they are supposed to provide to those living there during construction.

On April 23, we sent a letter to the Department of Buildings Commissioner, Rick D. Chandler with your Chelsea Now article. The purpose of our letter related to the DOB’s 2015 Build Safe/Live Safe Conference being held on April 27.

We suggested to Commissioner Chandler that the DOB was having a captive audience of developers and landlords at the conference and that they had the opportunity to give the conference attendees the message that the DOB will not tolerate the submissions of false applications for construction permits and that the Tenant Protection Plans must be submitted and followed for all tenants in the building, those rent regulated and those not rent regulated.

We also reminded the Commissioner about the words in the DOB’s Mission Statement: “In all our activities our focus is on safety, service and integrity.”

The response to our letter follows:

“Thank you for your letter to the Commissioner. We appreciate your proactive approach and your very substantive and helpful suggestions. Additionally, we would like to commend you for organizing the task force that will address the very important quality of life issues for the residents of your communities.

I was asked by my supervisor Patrick Wehle to kindly inform you that the Department of Buildings will in-fact address and remind industry stakeholders and all other engaged parties at our conference on Monday; that the department holds zero-tolerance policy as it relates to the submission of false and/or fraudulent construction permits. Again thank you for reaching out and we look forward to having a constructive and productive relationship.”

The DOB’s response was sent/signed by John Waldman from the DOB’s Intergovernmental and Community Affairs office and the supervisor he refers to, Patrick Wehle, is the Assistant Commissioner of the DOB’s Office of External Affairs.

The Council of Chelsea Block Associations and Save Chelsea want to point out that we appreciate the positive DOB response to our letter. However, at the same time, it is extremely important to note that telling the appropriate players what is required and what is not acceptable is only one step in the right direction. What is really needed is enforcement of the rules and regulations when not followed.

The DOB response mentions a zero tolerance policy. This statement needs to be translated into action. Lack of enforcement has been a problem for far too many years. The unfortunate resulting consequence has been that bad developers and landlords have bought buildings, not only in our Chelsea community, but all over the city. By lying on their paperwork and by illegal harassment activities, they have forced both unregulated and rent regulated tenants out of their apartments. The tenants have suffered and our city has lost thousands and thousands of affordable housing units.

Other agencies also have a role to play. For example, the New York State Department of Housing and Community Renewal (DHCR) must exert their oversight to prevent the use of construction to harass rent regulated residents. Prior DHCR review and approval is required for “alteration or demolition” before submitting a DOB application if any regulated apartments are in the building.

Now is the time for the DOB to do what is needed. We don’t need slaps on the wrists like the small fines that the landlords/developers get and consider the cost of doing business. We need meaningful enforcement, action and substantial penalties.

We don’t need any more gas explosions caused by illegal work activity involving people who were already arrested for bribing the DOB and who worked on the buildings on Second Ave. that had DOB forms that falsely stated that the buildings were unoccupied and which tragically blew up with  loss of life, injuries and people’s homes being destroyed.

In memory of the two young men who died, and in honor of the others who were affected on Second Ave. and the countless other thousands affected all over our city by bad landlord/developers, we say enough is enough.

Existing safety laws must be enforced. It’s time to get it right.