SELECT EDITS OF OHTU’s FIRST LOFT BOARD HEARING: APRIL 28th 2022
From July 2nd — Current.
Opera House Lofts Owners Are Installing The Critical & Legally Demanded Fire Stopping—17 Years After Beginning To Lease To Tenants.
July 3rd: A Resident Fell Asleep While Cooking. The Sprinkler System Had Not Yet Been Repaired:
JUNE 28th 2:34am: SPRINKLER SYSTEM PIPES BURST OPEN IN 2-3 PLACES:
The sprinkler pipes have perhaps been dry walled over in effort to apply fire-stopping construction from plans that were never completed:
Department of Buildings Omits Relevant Facts
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SELECT EXCEPTS OF SUPREME CRT. OF THE STATE OF NY TRANSCRIPT:
“The Typo.” SEPT 24, 2021:
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PAGE 22: MS. MARY O’SULLIVAN For DOB Misleads JUSTICE DEBRA SILBER Regarding the Severity & Extent of “Errors,” On 2005 CO By Unethically Omitting Pertinent Facts Obviously Effecting Safety. O’SULLIVAN Suggests That JUSTICE SILBER Alter The Address of existing illegal CO By Ordering DOB To Make Changes:
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MS. [MARY] O'SULLIVAN:
Your Honor, if I could point to paragraph 10 of my affirmation. "To the extent the Court is of the opinion that the 2005 C of O should be amended so that it says Lot 40, instead of 48, DOB doesn't have the unilateral power to amend an existing C of O." They can issue new C of Os, but once a C of O is issued, the Charter is very strict about it. Either BSA or the Court.
And I cited a case from 2015, the First Department, where the Court ordered DOB to change the description of some apartments. They were described as Class A and the Court ordered the description to be changed to joint work-living artist spaces.
So in this case, once the error in the
for 2005 was noticed, the owner applied to DOB
new C of O, which DOB could do, and that new
C of O
refers to Lot 40. But as far as the DOB is concerned, no one can seriously argue that the
C of O
from 2005 didn't apply to Lot 40. Yes, it says
Lot 48, but…
THE COURT [JUSTICE DEBRA SILBER]:
Right.
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SELECT EXCERPTS FROM MINUTES OF OHTU’s SECOND LOFT BOARD HEARING: MAY 19th 2022
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New York City Loft Board Public Meeting May 19, 2022:
The meeting began at 2:10PM Attendees: Elliott Barowitz, Public Member; Charles DeLaney, Tenants' Representative; Christian Hylton, Owners' Representative; Samira Rajan, Public Member; Richard Roche, Fire Department's ex officio; Renaldo Hylton, Chairperson Designee;
Mr. Delaney: I voted no on this case last month, I and I intend to vote no on this case this month and I encourage other Board members to join me. As I stated last month, I understand the argumentlandlord, but I find the argument by the tenants equally compelling. And as stated in in the post-hearing--memorandum of law not the post-hearing because there was never a hearing--basically in detail below,"The building is not exempt because the building lacked a final residential Certificate Of Occupancy on the base dates applicable to MDL 281(5) and (6). Rather, the building was covered by a commercial Certificate of Occupancy until September 21st 2020….
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