CITY OF NEW YORK FILES A LAWSUIT AGAINST OWNERS OF FIVE BUILDINGS ON MANHATTAN’S UPPER WEST SIDE TO FIX CRUMBLING FACADES & TAKE DOWN LONG-NEGLECTED SIDEWALK SHEDS

July 22, 2024

The NYC Department of Buildings and the NYC Law Department announced today that the city has filed a lawsuit against Windermere Properties LLC, Windermere Holdings LLC, and Mark Tress, to compel them to immediately address the hundreds of code violations for unsafe façade conditions at the buildings they own in the Clinton area of Manhattan (400, 402, 404, 406 West 57th Street and 869 9th Avenue). The lawsuit claims these property owners have neglected the buildings since purchasing them in 2009, letting the dangerous conditions persist for over 14 years.

Sidewalk sheds are generally intended as temporary safety measures to protect the public from construction activity and the dangers of unsafe façades while repairs are being made. Over the past 14 years, 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.

"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," said Buildings Commissioner Jimmy Oddo. "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. I would like to thank the Law Department for their partnership on this case, which sends a message that encouraging proper building maintenance and getting sheds down are top priorities in this city."

"We are taking action against property owners who continue to ignore the City's orders to bring their buildings up to code," said Acting Corporation Counsel Muriel Goode-Trufant. "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."

Department records show that the property owners obtained permits for sidewalk sheds at these buildings at various times dating back to 2006. The City brought a criminal case against the owners of these buildings in 2022, to which Windermere Properties LLC pled guilty for failing to maintain the building. Despite this guilty plea and multiple orders from the city to make the necessary repairs to both the building and this temporary protective equipment, the sidewalk shed has remained in place and the façade has remained un-fixed.

In the lawsuit announced today, the city claims the defendants failed to maintain the building's façade or comply with Façade Inspection and Safety Program (FISP) requirements, and allowed the protective shed to deteriorate to a dangerous condition in and of itself. It showed an extreme disregard for public safety concerns, including reports of falling debris from the building. It ignored years of summonses DOB issued requiring correction of the dangerous conditions at the property, and failed to pay penalties resulting in docketed judgments and collection action.

Filed in Manhattan Supreme Court, the lawsuit seeks to enforce the Nuisance Abatement Law and the NYC Construction Codes, and compel the property owners to take the following actions in the immediate months:

• repair and maintain the sidewalk shed to ensure it is safe, well-lit, clean and code-compliant;
• comply with the city's Façade Inspection and Safety Program (FISP) by immediately having the facades inspected by a Qualified Exterior Wall Inspector (QEWI) and correct unsafe conditions immediately;
• complete repair of all façade issues to ensure the façade is safe and the shed can be removed.

The city wants the owners to correct all code violations and public nuisances at the property; a permanent injunction against maintaining public nuisances and violations of the Construction Codes in the future; and civil penalties of $1,000 per day per building for violations under the Nuisance Abatement Law, as well as payment of thousands of dollars already owed as penalties for failing to file inspection reports, late filing, and retaining the shed in lieu of correcting the dangerous façade conditions that necessitated the shed in the first place.

Sidewalk sheds are an important tool for pedestrian protection, which keep sidewalks open while protecting the public from the potential hazards associated with active construction sites and unsafe building facades. In July 2023, Mayor Eric Adams and Buildings Commissioner Oddo announced "Get Sheds Down,"a sweeping overhaul of rules governing sidewalk construction sheds aimed at removing these eyesores from city streets more quickly, while redesigning and reimagining those that continue to be needed for public safety.

As part of this multi-faceted initiative, the DOB and the Law Department have been ramping up court actions against landlords who have refused to make the needed repairs so that the sheds can be removed.

This court strategy is running parallel to a push for legislation that would give the Department of Buildings new enforcement powers to compel building owners to make repairs and get their sheds down faster. In June 2024, the administration attended a hearing at the City Council to advocate for these increased enforcement powers. These proposed enforcement tools now being considered by the City Council include monthly penalties for keeping construction sheds up on public sidewalks, and enforcement actions against building owners who do not meet certain building repair milestones in a reasonable amount of time.

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