Mel BaileyAn empty lot at 89 Bowery may soon get a commercial condo building.
Tenants of a Hester Street building that was leveled as a result of the new Wyndham Garden‘s construction will demand compensation during a rally Thursday. Meanwhile, another building that was razed as the 18-story hotel went up is finally being replaced.
The tenement at 128 Hester Street was demolished in 2009 after it was destabilized by construction of the hotel next door. A lawsuit brought by the tenants of the building late last year alleges that the owner allowed building violations to pile up and ignored an “enormous volume of evidence of grossly substandard and hazardous conditions.” The building’s walls were damaged in part because of construction of the Wyndham Garden at 93 Bowery, Department of Buildings records indicate. The tenants were ordered to vacate the building in August of 2009 and it was demolished in November.
The tenants allege that William Su, an owner of both the hotel and of 128 Hester Street, intentionally allowed the tenement’s condition to decline. “It’s my belief, and my clients’ belief that [Mr. Su and his partners] acquired 128 Hester knowing that there were some serious violations, structurally,” said John Gorman, their lawyer. “This group acquired 128 Hester, not to re-inhabit, not to maintain it, but to avoid any interference with the construction of the hotel.”
In the years since the vacate order, a non-profit organization, Asian Americans for Equality, helped tenants file a petition with the New York Division of Homes and Community Renewal, which in 2010 ordered the building owner to pay his former tenants a stipend as well as moving expenses.
But Mr. Su hasn’t produced the money. Instead, the agency decided to reconsider its initial judgment for reasons that remain unclear, according to Mr. Gorman. “I do not understand why after two levels of review the D.H.C.R. decides hey, maybe lets take another look at this; meanwhile my clients are dislodged without a penny of relocation benefits,” said the tenants’ lawyer, who estimated that they were owed around $800,000. “It bothers me to no end.”
According to Mr. Su’s attorney, Stuart Klein, the agency realized it had erred and withdrew the claim.
Meanwhile, Asian Americans for Equality has continued to facilitate conferences between the owners and tenants. The organization’s director, Peter Gee, said that Mr. Su has only attended one of the four meetings. Mr. Su’s lawyer said he was only invited to one. This Thursday, A.A.F.E. will host a rally in hopes of finally winning tenants the compensation to which they feel they’re entitled.
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