DOB Can Demolish Landlord's Building

December 1, 2011

LVT Number: #23773

DOB issued a 24-hour vacate order to all tenants of landlord's building based on inspection, and started demolishing the building. Landlord then sued DOB, the City of New York, HPD, and the NYC Landmarks Preservation Commission for damages to its property and to appeal DOB's order. DOB and the other agencies asked the court to dismiss the case. The court ruled for the agencies. Landlord appealed and lost. The city can demolish a building without notice to landlord or opportunity to be heard where there are emergency circumstances such as in this case.

DOB issued a 24-hour vacate order to all tenants of landlord's building based on inspection, and started demolishing the building. Landlord then sued DOB, the City of New York, HPD, and the NYC Landmarks Preservation Commission for damages to its property and to appeal DOB's order. DOB and the other agencies asked the court to dismiss the case. The court ruled for the agencies. Landlord appealed and lost. The city can demolish a building without notice to landlord or opportunity to be heard where there are emergency circumstances such as in this case. The city was entitled to use its police power to protect the public from imminent danger due to the building's condition.

One Monroe, LLC v. City of New York: NYLJ, 11/16/11, p. 25, col. 3 (App. Div. 2 Dept.; Mastro, JP, Balkin, Chambers, Lott, JJ)

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