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July 26, 2006
“Friendly :) condemnations” (but not for renters): ESDC plans eminent domain for most of AY
Atlantic Yards Report explains why NY State is condemning Ratner's property too, in a "friendly :) condemnation."
ESDC spokeswoman Jessica Copen explained: "When a development site is assembled by eminent domain, it is typical for the condemning authority to run any properties already owned by the developer through a 'friendly' condemnation, so as to clear any title defects that may have accumulated over the years."
Copen's statement does reflect typical practice. However, George Locker, a lawyer who represents 15 of the remaining 55 tenants in the project footprint, contends there's another reason: to evict his clients, who live in FCR-owned buildings but are protected by rent-stabilized leases.
[For details on ownership of property occupied by tenants, click on map (adapted from the General Project Plan) to enlarge.]
"This is about getting protected residential rental tenants out of buildings," he charged. "ESDC is condemning rent-stabilized leases, contrary to the MOU [Memorandum of Understanding], and in violation of the tenant's rights and benefits, and the landlord's obligations under rent-stabilization. All of this chicanery will be the subject of litigation."
Typically, a landlord who wants to demolish a building containing rent-stabilized tenants to build another building must apply to a state housing agency for a demolition permit and satisfy several requirements--a process that would take much longer than the projected timetable for approval of the Atlantic Yards project.
NoLandGrab: "Friendly :) condemnations?" What will they think of next? "I-heart-Bruce-Ratner" bumper stickers?
Posted by lumi at July 26, 2006 11:44 AM