As the scaffolding has proliferated, the Buildings Department has faced growing criticism that it is not doing enough to police those structures that stay too long. A City Council bill targeting such scaffolding would require it to be taken down within six months of going up, or sooner when no work is being done. The bill has drawn opposition from building owners and managers who say they may not have the money to make repairs immediately.

City building officials say that scaffolding ensures public safety and that they are required to ensure that it remains up as long as a building needs work.

Over the years, the city has struggled to keep track of scaffolding when permits have lapsed, or when existing scaffolding is simply replaced with new scaffolding under a new permit. In the case of the Harlem building, city records initially showed that the scaffolding went up only in 2012, which is when the owner replaced it.