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....October 20, 6:32 AM |
| Building & Lone: Neighbors Harmed By Illegal Work Must Face Ill Effects On Their Own
By LIZ SKALKA It began as a scenario familiar to many Queens residents: another new development, another large home changing the face of middle-class neighborhoods across the borough.
But for Joan Reuben, a Flushing resident, a new development in her neighborhood she said costs $3 million has had an increasingly negative impact. Because of construction taking place to the rear of her home, the foundation of her property has been undermined. Reuben received a vacate order from the Department of Buildings last month for her garage and her backyard has begun to sink. She is disturbed by what she sees as anything but neighborly interactions. “How would you like your neighbor to do that to your house?” Reuben asked rhetorically. “It’s not nice.” She estimates the cost to repair the damages at around $50,000. “How would you like to pull that out of your pocket on a random day?” she asked. Her only option at this point, Reuben said, may be to pay out of pocket to repair the damages or to sue the owner. Her homeowner’s insurance may not cover the repairs. Problems Brewing The trouble began in May when construction started at 33-33 165th St., to the rear of Reuben’s home on 166th St. She said she knew from the start of the ordeal that trouble was afoot. “It felt like an extended earthquake,” she said of the initial days of construction. “Everything was shaking.” Shortly after, Reuben’s husband noticed a crack in their retaining wall in the back of their property. In June, her backyard began to sink. “We had no idea we would be so susceptible or vulnerable to something like this,” she noted. Reuben said she then contacted the Department of Buildings and both the department as well as the builder promised to help remedy the problem. So far, Reuben said, no one has come through on their assurances. The Buildings Department then stopped responding to her calls and letters, Rueben said, so she contacted the fire department. She said the FDNY was able to get someone from the Buildings Department out to her home, who on Sept. 20 issued a vacate order for her garage, though Reuben insists her garage hasn’t yet presented a problem. Reuben doesn’t yet wish to disclose how she plans to proceed with the problem, but said that she fears if the hole in her yard isn’t fixed it will get worse in the winter months. Hefty Violations The property at 33-33 165th St. currently has a partial-stop work order issued on it, though Reuben said she hears work being done there most days. According to the Buildings Department, there are nine Environmental Control Board violations issued and 12 complaints logged for the site. Several pertain to the crack in Reuben’s retaining wall. One was for not installing a fence properly at the site. Reuben also pointed out that since construction began several stop work orders have been issued. Calls were made to the property’s owner, Kyung Won Min, for this article and were never returned. Reuben said Min and the builders are to blame for the problems and the Buildings Department should come to her aid. A representative from the Buildings Department responded, “The owner has a responsibility under the law to maintain his or her building in a safe and lawful condition. The best recourse for owners whose properties have been damaged by neighboring construction is civil court.” The representative noted that New York City residents should call 311 to report violations, such as working against a stop work order. They should dial 911 if a site poses an immediate threat to safety. |
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