Last week, Rosie—in conjunction with Manhattan Borough President Scott Stringer, Assemblymember Brian Kavanagh and State Senator Brad Hoylman—offered testimony at the BSA in united opposition to the owner’s application for vested rights pertaining to the 6th Floor and penthouse that were illegally constructed over 7 years ago and have been rented out without a valid Certificate of Occupancy ever since. Our office has been working with the 515 East 5th Street Tenants Association for the better part of the last decade to hold the owner accountable and preserve the affordable nature and distinctive character of the building.
The joint testimony read, in part: “knowingly illegal plans that foster knowingly illegal rents for an interminable amount of time cannot be cured by the claims of financial and/or practical difficulties that strict compliance with the MDL would auger. The only solution is for the illegal penthouse and sixth floor to be vacated and removed.” In conclusion, the elected officials requested that the BSA hold the owner accountable by doing the following: (1) reject the owner’s claim of common law vesting rights; (2) deny the owner’s MDL waiver requests; and (3) direct the owner to remove the illegal penthouse and sixth floor in conformance with their prior resolutions.
More coverage on this issue can be found here: http://evgrieve.com/2013/05/5-years-later-another-bsa-hearing-on.html