Tuesday, January 10, 2012

Homeowner needs advice

Hi, Crappy!

I have written to you in the past regarding living next to a stalled (rat infested - garbage ridden) property for over 5 years. Now a new (or old) developer is going to build a large piece of crap next to my house (10+ stories). This developer wants to me to consent to a external and internal inspection of my property to limit his liability. I can't believe this crap). I said no, but this developer is insisting. I think I need to hire a lawyer or my own building inspector. I am fearful because I have read so many stories in the newspapers, tv and on your blog of developers wrecking a small homeowner's property and getting away with it. Any suggestions from you or your readers would be helpful.

A Concerned Homeowner


Anonymous said...

You want advice from anonymous sources? really?
Just a hire a lawyer, prompto!

Anonymous said...

Contact an attorney and the city immediately.

Queens Crapper said...

My advice is to consult with an attorney who will probably suggest that you have your own inspection done.

Anonymous said...

Is the developer planning to build a lot-to-lot building... Meaning is he building his house right upto/next to yours?

Any development will disturb your foundation, but the further away the better.

If underpinning comes up, get yourself a reputable engineer and consult.

Underpinning is a process by which the developing property plans to excavate and build a foundation deeper than your existing foundation wall. The neighbor will extend your foundation wall by inserting underpins beneath your foundation footing. It is dangerous and shoddy work is the typical reason for collapses.

Anonymous said...

Follow all the above posters advice, get a property lawyer. It sucks having to pay for it, but if this asshole developer wants to put a shitbox next to your home, that will be there forever unfortunately it is a necessary investment.

The best advice I think I can give is do not under any circumstances let any developer or anyone working under him or with him onto any part of your property.

They may seem nice or say don't worry we will help you, but they are lying. They are there for one reason, to get the most money out of that property, and limit their legal liability to a lawsuit. They do not give two shits about you. Don't be bullied by them.

Also try to document/write down every interaction you have with them and what they do, it may help you in the future. Good Luck in this mess.

georgetheatheist said...

Take pictures too. Constantly. Starting today. Use a wide angle lens and shoot everything from all angles. Make sure they see you taking the pictures - all the time. It makes them really nervous. And it covers your ass when needed. If you want, send 'em along to the Crapper for posting so we can all see how it's going.

Anonymous said...

Be careful - those guys play for keeps.

Showed up with a camera in Dutch Kills and nearly got assaulted at a construction site.

georgetheatheist said...

This is 2012 America. Take pictures. If they assault you, you retire wealthy on the procedes from the court case. Anyway, by taking photos, he's "helping" them just like they're "helping" him.

Ned said...

Yep get a lawyer and if it comes down to it your own building engineer.

The developer is a LIAR and knows your house's foundation is going to get destroyed. The developer is trying to cover his ass by having a corrupt 3rd party engineer (usually a buddy of the building contractor) write a bullshit engineering report to cover themselves when you foundation fails or collapses outward when they dig to your property line and down.
With 10 stories high and underground garage the may even pound pylons !

Actually I don't think the builder CAN do any of this without a report on your house...again you need a lawyer. DO NOT LET HIM ON YOUR PROPERTY NO MATTER HOW NICE THEY ACT AND BEG

Anonymous said...

stop being so nice. they are going to screw up your life and your property.
get real.

this is just warming you up.

wait until they start demolition & do construction that will destroy your quality of life.

a verbal request carries very little weight. they have no right to enter your premises.

I agree w/ Crapper. but you really should wait until their attorney contacts you in writing.

if there are any issues w/ the building now, call it into 311, get them on record w/ DOB, HPD and any other agency, Dept of Health for the rats, etc. then contact your community board via email for the record. when push comes to shove, the agencies will have a record.

Anonymous said...

"Showed up with a camera in Dutch Kills and nearly got assaulted at a construction site."

Make sure the camera has video capability.

Anonymous said...

Get your own lawyer and inspector but tell the developer if he wants this done he will foot the bill. Don't use his people just his money and then good luck with 450 new neighbors

Anonymous said...

Where is this property! Maybe some citizens might be concerned enough about this developer to slow him down.

Anonymous said...

The reason for the contractor's request for an inspection is that in case there is a problem in your foundation, he cannot be held responsible if there was a problem prior.

I agree with Anonymous #3 - speak with an engineer - I really don't know wtf a lawyer can do expect take your money . . .

Anonymous said...

The other guy's inspection could be bogus and falsely record significant damage to your house's foundation before the construction next door commenced. At the very least you will need help to determine if the construction next door is zoned correctly, plans filed, etc.

Anonymous said...

NYC Building Code

Responsibility for Protection

"If the adjoining property owner refuses access to person
causing excavation, adjacent property owner is responsible
for protection and can be issued violations for failing to do so"

You may find this helpful.


I hope you have a responsible developer/owner/g.c. Hopefully, it is not the Huangs.

Perhaps you can hire a lawyer and have him negotiate that they pay his fees and your engineer's fees as part of you being cooperative about the matter.

Be prepared to ride shotgun over the project because the DOB certainly will not. You need to protect yourself and your property because the DOB does not give a "Queencrap" about you or your property. They are still dysfuntional and I personally think in capable of doing what they were put in place to do.

Ask for a copy of the project's NB liability insurance. Don't count on the DOB to make sure it is in place and authentic because they are useless. Protect yourself.

Make sure that the lot is zoned for what they are building.
Like everyone suggests. Take lots of pictures; document everything that you can, etc.


Anonymous said...

if you decide to stop access to YOUR property, you must prepare a visible sign stating "NO TRESPASSING, VIOLATERS WILL BE PROSECUTED ". other wise they can access it and say they did not know that you opposed this. the sign will "LEGALLY"permit you to act ,if they disobey it. the local N.YP.D. will act quickly ,if the sign is on your property.

a video system is important to record who is entering your property, when you are gone . there are many new electronic video surveillance camera's available.

you did not state your area's zoning ? get a latest zoning map from your local C.P.B office. talk to your local civic association officer, quickly. contact a surveyor and document your property dimensions, so the developer can not en-crouch on yours.

all of the above will begin to protect your rights as a homeowner.

search for a prior construction project done by the contractor and evaluate their integrity .

Anonymous said...

"if they disobey it. the local N.YP.D. will act quickly ,if the sign is on your property."

HAHAHA....have you read this blog before?

Anonymous said...

With camera in hand, and lawyer by your side, tell the developer you are willing to be bought out and name your price. Make sure it is enough to pay for a new home, your closing and moving expenses. Get it and get out fast so you don't have to live with the nightmare that your life will surely become if you stay.

Joe said...

If its a small property with no yard, driveway garage I agree this person is in prime position to sell and get out.
It could be a $50,000 + legal battle only to lose the end because the Mayors friends will only pull strings in favor of the builder.
You then have hell, no parking spaces, huge loss of value for the rest of your life there

The quickest way for the developer to get his building up and start making $$ back is to buy that house even at a premium the owner would never see again..

It sounds like the neighborhood has turned to sh*t anyway