Building Code Changes Required Changes to Demolition Plan

Landlord asked the DHCR for permission to refuse renewal of rent-stabilized tenants' leases based on its intent to demolish the building. The DRA ruled against landlord, finding that it didn't have the required architectural plans or proof of financial ability to complete the project, and that landlord didn't proceed in a timely manner.

Landlord appealed and lost.  The DHCR's Operational Bulletin 2009-1 states that, on 30 days' written notice, the DRA can dismiss a demolition application based on landlord's failure to proceed in a timely fashion. During the DHCR hearing process, landlord's architect died. Landlord's new architect then refused to adopt the prior architect's plans. Landlord claimed that it was unfair to find that landlord wasn't proceeding in a timely fashion on that basis.

But landlord's plans would have required revision in any event. The new architect stated that 2008 Building Code changes now required the inclusion of ductwork in the plans. Also, exit stair width requirements had been increased. This required a redesign of exit stairs and a revision to the plans. ADA requirements, mandated by the federal Fair Housing Act, also had replaced the requirements of Local Law 58, now requiring that various areas of the apartments be larger than previously provided for. The DRA's hearing officer was therefore correct to dismiss the application for failure to prosecute. Landlord could refile a new application based on current conditions.

1205-1215 First Avenue Associates, LLC: DHCR Adm. Rev. Docket Nos. YI4100086RO et al. (1/27/14) [5-pg. doc.]