Everything you really didn’t want to have to think about earthquake damage to NYC buildings:
http://www.nycem.org/techdocs.asp

The Appellate Division First Department yesterday decided one open question of interpretation of the 2009 Roberts decision…leaving dozens yet to be resolved.

In Gersten, et al vs. 56 7th Ave. LLC, et al, the court found that a 1999 DHCR luxury decontrol order that the tenants did not appeal was final. Even though the Court of Appeals decision in Roberts said that units in buildings receiving J-51 tax benefits could not be deregulated, the questions of retroactivity, statutes of limitations, and the finality of DHCR orders were left open.

While the owners won the Gersten case on the theory of collateral estoppel — the tenants couldn’t re-litigate an issue when they could have appealed the original order on the same grounds — the Appellate Division explicitly rejected other owner arguments on retroactivity and statute of limitations. It is still unclear how the courts might view vacancy deregulated units with no DHCR order and widely varying fact patterns.

The owners in the Gersten case were represented by Belkin, Burden, Wenig, and Goldman, LLC.

ABO members: Use your benefits. Have you got competing quotes for electricity lately? Check out

http://abo.emexpower.com/

If you have a stack of “Renovate Right” pamphlets to give residents when disturbing possible lead paint in pre-1978 housing, they are no good anymore without an addendum. The EPA has issued a new pamphlet, and a replacement for page 10 in the old pamphlet. The only change is language telling residents that while third party dust clearance testing isn’t required or necessary, they should consider it. Find out more useful info at brushworkpainters.com/lancaster-pa/.

The City seems to be singlehandedly keeping the construction pipeline alive. A request for expressions of interest has been issued for either or both of two parcels adjacent to the Staten Island Ferry Terminal and SI Ballpark. It’s all part of the Waterfront 2020 plan that is changing New York’s shoreline.

Want to know what’s next in residential design and marketing? Check out the NAHB Webinar August 24th to find out the latest trends. Reduced price for ABO/NAHB members.

Thank you to the 100 plus members and friends who came out to our summer party at the Hotel Gansevoort rooftop this week. It was a great time. Mark your calendars for our Sept. 14th luncheon and get back to work.

Stop leaving money on the table. Check out your member benefits at http://www.abogny.com/membership-benefits.php and www.nahb.org/ma

Brooklyn Bridge Park Corporation has issued an RFP for development and operation of a hotel, apartments, restaurant and public facilities at Pier 1, at the foot of the Brooklyn Bridge.

ABO member Nelson Management wants to hire a site manager for a 1,000 unit complex in the Bronx. Full details are on the ABOGNY.com job board. Spread the word and submit your job offerings as well.

Are you getting the best price for power? Let energy companies bid for your business in ABO’s new Energy Marketplace. No obligation and no salesmen. Just put in your electric usage or contact customer service for quotes from major ESCOs. Get instant results or custom quotes online – and once you’ve entered your data you can check competitive prices with one click.

ABO’s Energy Marketplace is another great ABO Member Benefit that will save you many times your membership dues. Try it today, and save.

The deadline for filing energy benchmarking reports on properties over 50,000 sq. ft. is Monday.

Friedland Properties and architect Costas Kondylis & Partners settled a fair housing case against the Melar at 250 West 93rd St., agreeing to pay $180,00 in compensation to individuals, $40,000 in civil fines, and put up  $283,300 for improvements to make the property more accessible. The case against Friedland and pending cases against 10 other larger developments was based on the federal claim that compliance with NYC building codes on handicapped access did not meet federal fair housing standards. Unfortunately, the developers are caught between layers of government and regulation.

There is still space left at our August 10th cocktail event and save September 14th for our first fall luncheon featuring NAHB President Jerry Howard.

Finally, here’s an interesting summary of university development plans in New York City from the Architect’s Newspaper. About 100 colleges and universities serve  more than 500,000 students and have more than 100,000 employees in the five boroughs, and they have to live somewhere.

If you bought anything from Carrier, Daltile, Delta, Honeywell, Boise Cascade or dozens of other building product manufacturers since January, ABO has a rebate check for you. Check out the details in this flyer and get your rebate forms in before August 19th.

Lest we forget, there are towns in Rockland and Nassau with rent regulation too, and, as usual, their stabilized renewal guidelines were voted late. Rockland: 0 percent for one year renewals and 2 percent for two year renewals. Nassau: 2 and 3 percent, respectively.

After intense lobbying by NAHB and others, the U.S. Environmental Protection Agency rejected a proposal to require third party clearance testing under the Lead Renovation Repair and Painting Rule. The rule currently allows visual clearance testing including for changes done by emergency air conditioning services.

The New York City Economic Development Corporation has issued an RFP for the purchase and use of  18,650 sq. ft. of air rights from a landmark firehouse at 215 West 58th St. The development has to be adjacent or across the street.

ABO expects to be able to offer 22.5 hours of New York State real estate continuing education credit for the Registered in Apartment Management class beginning September 7th.  Get details from Olga in the ABO office. We are also planning an NAHB Certified New Home Sales Professional class for the Fall.

Don’t forget our summer cocktail party August 10th at the Hotel Gansevoort rooftop garden. Reserve before Aug. 5th.

Any architects or engineers out there with knowledge of storm water runoff  flows from buildings? Please call Dan Margulies in the ABO office about proposed new city design requirements.