Assemblyman Colton (D – Gravesend, Bensonhurst, Bath Beach, and Dyker Heights) has been discussing with the NYC Department of Buildings about violations which were abruptly placed on properties regarding retaining wall inspections on retaining walls located adjacent to their properties, especially on West 7th and West 8th Streets.

“I am greatly disturbed that placing of violations against properties without reviewing whether the retaining walls were in fact on the homeowners’ property or on NYC owned property, or whether it was the responsibility of such homeowner to inspect and repair such wall, constitutes an improper taking of property. This is especially true after the MTA immediately notified NYCDOB that the retaining walls in question were on property acquired by NYC and leased to the MTA, specifically giving the MTA the sole responsibility to inspect and repair such wall. The MTA letter to you formally put you on notice that your notices of violations placed on a homeowner’s property also posed a safety risk to the subway system and requested that you promptly rescind your letters to homeowners and notify them of such rescission. It’s been more than 60 days since MTA took responsibility and the NYCDOB has failed to rescind such violations placed on such properties. Surely the NYCDOB must be aware that violations placed of record can delay or terminate any refinancing or sale transactions on such properties and may subject the city and NYCDOB to legal liabilities for any damages incurred as a result of the violations improperly placed, unless such violations are rescinded,” Colton stated.

“I demand an immediate cure of the notices of violations and a full investigation of why these notices were not rescinded by now, when work on subway tracks is being done on the retaining walls by the MTA. Since the violations were imposed on or about October 1 and the MTA notified you in writing within a week thereafter, clearly some two months later is more than a reasonable time for the NYCDOB to rescind these violations improperly placed of record. Unless the NYCDOB implements the rescission of these violations administratively, I will advise the affected homeowners of their right to hold the NYC Department of Buildings legally liable for any damages resulting from the improper placing of such violations,” Colton added.