Department of Buildings: 202 Avenue A does not have a 'valid certificate of occupancy'

Early Friday morning, a 26-year-old woman from the Bronx died after falling from a fire escape on a building on 28th Street near Second Avenue. 

According to published reports, Tyler Thorpe was heading to the roof of the 5-story building to hang out with friends around 1 a.m. 

Media outlets were quick to note that this was the second fatal fall from a Manhattan building in less than a week. 

On May 22, Cameron Perrelli reportedly slipped and fell while climbing up from 202 Avenue A to the roof next door at 200 Avenue A. 

"These accidents will not stop till something is done," her father, Louis Perrelli, told the Daily News on Saturday. "It is so heartbreaking for my family, and now another has to endure this tragedy." 

In one development involving 202 Avenue A, the Department of Buildings inspected the address on May 26 regarding a "report of recreational use of the rooftop, contrary to the C of O."

The inspector found the following, per public records:

OBSERVED ROOF CONVERTED TO RECREATION SPACE PER DRAWING #A-106.01 ON ALT 1 APPLICATION #121188231 (PERMIT VALID THRU 10/17/2021) WITH SEATING FOR APPROX. 20 PERSONS, TABLES, BARBECUE AND SINK. BUILDING IS FULLY OCCUPIED WITH TENANTS OBSERVED ON MULTIPLE FLOORS. BUILDING ALTERED UNDER ALT 1 APPLICATION AND OCCUPIED WITHOUT A VALID CERTIFICATE OF OCCUPANCY.

The DOB subsequently issued a Class 1 Environmental Control Board (OATH) violation.

There are three classes of OATH violations:

Class 1 (Immediately Hazardous)

Class 2 (Major)

Class 3 (Lesser)

According to public documents, the DOB imposed a $2,500 fine and scheduled a hearing for July 15. 

The DOB states that Immediately Hazardous violations must be quickly rectified. If an acceptable Certificate of Correction is not received, then additional civil penalties may apply.

Highpoint Property Group owns 202 Avenue A, which goes by The Topanga, having purchased the building in late 2017 for $6.75 million. Workers later added a horizontal and vertical enlargement to the existing 4-floor structure, doubling the total square footage from 5,334 to 10,920.

The penthouses, which include outdoor spaces, rent for $12,000 a month, listings at Streeteasy reveal. According to 311 records, there have been nearly 75 noise complaints at the address going back to December, when occupancy began at the renovated building.

Media outlets reported that Perrelli, 24, who worked as a project manager for a global research firm, was attending a birthday party at 202 Avenue A when she fell into an airshaft around 3 a.m.

Perrelli's death, coupled with reports of other disruptive rooftop parties in the neighborhood, prompted local elected officials to introduce new legislation to demand accountability from property owners. 

"This tragedy shows just how dangerous overcrowded or mismanaged rooftop parties have become and how often they have little to no safety protections or monitoring," local City Councilmember Carlina Rivera said following Perrelli's death.

Rivera is working on two bills to address this issue. She has already introduced Intro 1292, which would require tenants to sign and acknowledge their understanding of the city's noise codes. She's planning on introducing a second bill that would ensure enforcement agencies have easier access to phone numbers of overnight building supers or contacts and require better oversight of rooftop use and capacity.