New York CIty Council Member Ben Kallos

The Jewish Voice Lawsuit Over Luxury UES Tower Cites Abuse of “Loophole” by Kenneth H.R Roberson

Lawsuit Over Luxury UES Tower Cites Abuse of “Loophole”

A lawsuit has been filed by local politicians and Upper East Side civic groups who say that elements of a 32-floor luxury tower take advantage of unusual elements in the zoning code.

The subject of the suit is DDG luxury condo located at 180 E. 88th St. The suit contends that the project’s developers and a pair of New York City agencies took advantage of a loophole in designing the project’s height and configuration.

“The loophole being abused here is just an example of what residents have endured from overdevelopment in our city,” City Councilman Ben Kallos, who is a party to the suit, said in a statement.

Ground broke on the DDG building back in April of 2015. Approximately one year later, however, trouble arose when local community groups voiced concerns over what they saw as an unusual aspect of the location’s zoning. Specifically, they said, the developer had included a separate 4-ft.-by-22-ft. lot along East 88th Street that permitted changing the building to a more suitable shape.

The city’s Department of Buildings responded to the complaints by shutting down construction. Several months later, though, officials gave the project a green light once the building’s configuration was changed once again.

“[DOB] believes it has made the correct decision in the case and stands by it,” a spokeswoman told Crain’s New York Business in answer to a question concerning the lawsuit. Some are alleging that the approval by the Department of Buildings and Board of Standards was in some respects improper.

In late January, Kallos – together with State Senator Liz Krueger, Carnegie Hill Neighbors, and Friends of the Upper East Side Historic Districts, filed the lawsuit. Their request to halt construction was rejected by a judge, and so it is expected to be completed in early 2019. At press time, 16 floors had been built.

“This architecturally distinctive project has received all required approvals from [DOB] and is in full compliance with the city’s zoning regulations,” a spokesman told Crain’s. “The upcoming hearing will provide another opportunity to present information in support of the appropriateness of this design and the rigorousness of the city’s approval process.”

This is not the first time that Kallos has gone to bat for the rights of New Yorkers in matters involving local housing issues. The New York City Council member – who grew up on the Upper East Side with his mother, still lives in the neighborhood, whose grandparents fled anti-Semitism in Europe and serves as Vice-Chair of the Jewish Caucus — has become a leading advocate for affordable housing, as well as education, public health, sustainable development and transportation improvements and safety. He was elected in 2013 and represents the Upper East Side, Midtown East, Roosevelt Island and East Harlem.

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