By Patrick Hedlund
DNAinfo News Editor
EAST VILLAGE — The owner of a tenement building on East Sixth Street has been ordered to chop off its penthouse in a rare ruling by the city that deemed the addition illegal.
The decision by the city’s Board of Standards and Appeals stated that the penthouse constructed above the six-story residential building at 514-516 E. Sixth St., between Avenue A and B, must be demolished despite prior approval by the Department of Buildings for the addition.
However, the building’s sixth floor — which was constructed along with the penthouse in 2006 by developer Benjamin Shaoul — will be allowed to remain intact.
The ruling stems from challenges to the construction that argued the penthouse and sixth floor violated the state’s multiple dwelling law by not providing additional fire safety measures, including the construction of an elevator and adequate fire escapes.
“With this compromise, the BSA has delivered for the safety of New Yorkers — but they could have gone further,” said Harvey Epstein, of the Urban Justice Center, which has been fighting the additions for years, in a statement released this week.
“The Multiple Dwelling Law is designed to protect New York City residents from dangerous construction that puts them at risk. While the strongest message would have been a requirement that all of the illegal construction come down — but tenants have sent a clear signal that the Department of Buildings and landlords will be held accountable for ignoring the law and basic protections given to tenants.”
The developer had previously received permits from the Department of Buildings to move ahead with the sixth and penthouse floors, but the BSA struck down the owner’s most recent petition for a waiver to keep the units intact.
“I think it’s a good decision, generally,” said Marvin Mitzner, the attorney representing Shaoul, noting that further fire safety measures like a new sprinkler system were added to the building during construction.
“We’re not happy about losing the penthouses, but we are happy that the principle of allowing an owner to enlarge a tenement building and improve the fire safety of the building in the process is a good thing.”
Mitzner noted that the owner has not yet determined a timeline for the demolition proceedings.
