On July 22, 2024, the city of New York filed a lawsuit against Windermere Properties LLC, Windermere Holdings LLC and Mark Tress on the basis of extreme damage to five buildings located in Manhattan’s Upper West Side.
The NYC Department of Buildings and the NYC Law Department are requiring the owners “to fix crumbling facades and take down long-neglected sidewalk sheds.”
Immediate action has to be taken since the buildings have been neglected since their purchase in 2009, however property owners obtained permits for the sidewalk sheds in 2006.
Over the course of 14 years, hundreds of code violations for unsafe façade conditions have accumulated, “the property owners treated their sidewalk sheds as ‘forever’ additions to their buildings, allowing the pipes and plywood to fall into disrepair without making the needed building repairs,” as stated by the Department of Buildings Communications.
The buildings in question are located at 400, 402, 404, 406 on West 57th Street and 869 on 9th Avenue.
“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,” said Jimmy Oddo, buildings commissioner.
Back in 2022, New York City brought a criminal case against the owners of the buildings and Windermere Properties LLC pleaded guilty.
Regardless, the buildings remain a risk to public safety despite multiple orders from the city and the guilty plea.
“Owners of the Windermere face substantial civil penalties, in the range of tens of thousands of dollars and growing, for their persistent non-compliance,” said Muriel Goode-Trufant, acting corporation counsel.
In aims to enforce public safety as there are reports of falling debris.
“Filed in Manhattan Supreme Court, the lawsuit seeks to enforce the Nuisance Abatement Law and the NYC Construction Codes,” according to the DOB Communications.
As part of the 2023 initiative, Get Sheds Down, the City Council is advocating to tackle these issues at a higher force.
For now, according to the NYC Department of Buildings, the lawsuit asks for the repair and maintenance of a safe, clean and well-lit sidewalk shed that meets the NYC Construction codes. Compliance to the city’s Façade Inspection and Safety Program and finally attend to the façade issues so that the shed is no longer necessary.
