Wednesday, August 13, 2008

What defines a demo?

The State Division of Housing and Community Renewal has proposed to define what constitutes a demolition plan, which would allow the owner of a rent-stabilized building to evict its tenants. For several years, tenants’ advocates have complained that the lack of a precise definition of demolition has allowed landlords to push out low-rent tenants and create luxury condominiums.

Proposed Demolition Rule Angers 2 Sides in New York Housing Debate

But now that the division has come up with a definition, those advocates do not like it. Neither, it seems, do building owners.

Representatives of both groups testified at a public hearing held by the division, and none of them had much positive to say about the proposed regulations, which would define demolition as the complete gutting of a building’s interior — but not necessarily the removal of its outside walls or support beams.

1 comment:

Chris said...

I find their definition to be rather stringent. Of course, neither side will be pleased regardless of what DHCR proposes. It is my understanding that the RPTL, for certain tax purposes, defines new construction as removal of 80% of the floor area, or 70% of the non-party perimeter walls and 50% of the party perimeter walls (or something to that effect). DOB can allow issuance of an Alt-1 permit for a new building built on a portion of a foundation, with maybe 3 feet by 3 feet of existing walls remaining - surprising but true! /.CA