[Updated] 4 bedroom rentals arrive at 329 E. 10th St.

The renovations are apparently winding down at 329 E. 10th St. between Avenue A and Avenue B. The first units from the Icon Realty-owned building recently arrived on Streeteasy.

For now there are two, four-bedroom units for rent ($8,500 a month), according to Streeteasy.

Here is the listing for the units: "All apartments are newly renovated featuring: bleached-plank hardwood floors, recessed lighting, granite countertops, stainless steel appliances, cherry wood cabinets, crown and baseboard moldings, with marble bathrooms."



There is also a large private patio, per the listings.



However, there isn't any mention of a roof deck (a popular amenity in Icon-owned buildings)… which was in view from the street ...


[Photo from July via JL]

And here's how the new deck was looking from the rear…




[Photos from July via Gojira]

The building, which sits in the East Village/Lower East Side Historic District, needs approval from the Landmarks Preservation Commission for the rooftop addition. It does not appear that any approval was ever received for the roof deck.

DOB records show that someone filed a complaint about the rooftop on June 30. An inspector made an attempt to access the building without success then on Set. 5 and Sept. 12. With no response to the buzzer, the DOB issued an LS-4 — a letter to the landlord asking to schedule an inspection.

Icon picked up the building for $5.2 million in August 2013.

Updated 9:54 a.m.

A neighbor sent along a few better shots showing the roof deck...



...which kind of looks like a cattle stockade from this angle...



Updated 10:39 a.m.

Per another reader...

Actually the deck is no longer visible from street level. They took down the southern fence, receded it by about 5 feet, and put in a shorter fence. Not sure if that brought them into compliance but that is what they did. The marble floor still extends nearly to the roottop edge.

Allied Hardware makes impending closure official on 2nd Avenue

Earlier this year, when Icon Realty became the new owner of 57 Second Ave., a reliable source told us that the two retail tenants here between East Third Street and East Fourth Street would be closing in the months ahead.

Alex Shoe Repair shut down at the end of July. The cobbler had been paying $4,000 in monthly rent. The new asking price is $14,000 a month.

Now Allied Hardware has posted closing signs … with sales on everything (but keys) …



We're not sure what the family who runs Allied pays in monthly rent. According to the listing at the Icon website, the new asking rent is $26,000 … with a space "perfect For: Restaurant, bar, clothing store, salon, and all general retail uses."

Previously on EV Grieve:
57 Second Ave. hits the market for $30 million

Reader report: Icon Realty new owner of 57 Second Ave.

Last day for Alex Shoe Repair on 2nd Avenue

Party progress at Icon Realty's 205 Avenue A

Icon Realty's 205 Avenue A has a bit of a reputation for its rooftop ragers, which in the past attracted the attention of the neighbors, the police and the media. (Brokers did once dub this an "East Village frat house" in a listing.)

Haven't heard too much from the address this past summer ... until an EVG reader who lives nearby noted that there was a sizable party with maybe 100 guests between the rooftop and backyard area on Friday evening.

Per the reader:

Most interestingly was what was going on in the backyard. There was a DJ, and lots of lights, but the noise was minimal. It took me a minute to piece it together, but all of the lights were coming from headphones that everyone was wearing — they literally set up a silent disco in their backyard.

I don't really want to pan these guys cause it's definitely progress from last year and I guess I appreciate them coming up with a creative way to keep the noise down (even if the thought process almost certainly was more about not having the cops called than thinking about their neighbors).

Previously on EV Grieve:
Friday night's rooftop party at Icon Realty's 205 Avenue A (49 comments)

Your 6-bedroom dream 'frat house' awaits you in the East Village

Icon Realty's new Avenue A 'frat house' is attracting attention

At 205 Avenue A, where the NYPD stops by 'almost every weekend'

A partially opened gate at the Stage on 2nd Avenue

[Photo today by Steven]

There hasn't been much information about the status of the Stage at 128 Second Ave. The 35-year-old diner has been closed since March 30 here between East Seventh Street and St. Mark's Place during an ongoing legal tussle with landlord Icon Reality.

Today, though, several EVG readers noted that the gate was partially open, and a group of workers (one observer said they were wearing T-shirts for a plumbing company) were milling about out front. Another reader noted that the interior looked mostly cleared out, though the napkin holders and salt-and-pepper shakers remained on the counter.

Despite the possibly encouraging sight of an open gate, EVG correspondent Steven spotted owner Roman Diakun, who shook his head and said that there weren't any updates on the Stage's status.

In the aftermath of the deadly explosion across Second Avenue on March 26, Icon Realty accused the Stage of illegally siphoning gas, which was the basis for an eviction notice in April. Diakun has strongly denied the accusations, and sued the landlord to stop the eviction process... al the while, the diner has been shuttered.

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

Petition to help reopen the Stage

[Updated] The Stage is giving away its bulk food and supplies to charity

Report: The Stage is suing landlord Icon Realty to halt eviction process

The Stage is now crowdfunding to help in its legal fight with Icon Realty

Reader report: Bike room burglarized at Icon's 2nd Avenue residential building

A resident who lives at 152-154 Second Ave. reports that the building's secure bike storage room in the basement was recently burglarized.

Per the resident: "All the locks [were] cut and about seven bikes are gone. You need two keys to access this room. I'm not necessarily saying it was an inside job, but there wasn't any forced entry."

The theft happened some time between Aug. 18 to Aug. 23. According to the resident, several people have access to the bike storage area, including the other tenants (there are 12 units in total), cleaning staff and super.

The resident says that the building has security cameras. To date there haven't been any updates from management about the theft, according to the resident.

Landlord Icon Realty began converting the former Sigmund Schwartz Gramercy Park Chapel between East Ninth Street and East 10th Street into a residential building with three additional floors in April 2012. The rentals hit the market back in March.

[Updated] Taking to the sidewalk for boiler help

Last Thursday, residents of an Icon Realty-owned building on East Fifth Street between Avenue A and Avenue B arrived home to find a notice that the boiler was out.

Per the notice on the front door: "Please be advised there will be no hot water this evening. Our boiler company is working diligently to have the necessary repairs completed in the timeliest manner possible. We truly apologize for this inconvenience and thank you for your patience."

Six days later, a resident says there is still no hot water... and no updates from management... which prompted someone to take to the sidewalk for help...





According to Con Edison, the piping that goes from the meter to the boiler recently failed an inspection … and needs to be replaced.

Updated 2:18 p.m.

We're told that temporary water heaters arrived to the building this afternoon...



Updated 7:09 p.m.

Apparently the plumber Icon hired smelled gas and called the fire department. Now the cooking gas is shut off for the building as well, according to a resident… the tenants are now receiving hot plates for cooking…



Updated 8-6 7 p.m.

Services have been restored!

Last day for Alex Shoe Repair on 2nd Avenue

Back in February we reported that Icon Realty was the new owner of 57 Second Ave., the 10-story building between East Third Street and East Fourth Street.

This meant that the two retail tenants — Alex Shoe Repair and Allied Hardware, who were both on a month-to-month lease — would not be around much longer.

Well, today is the last day for Alex Shoe Repair.

Earlier this week, the Lo-Down published an interview with the shop's proprietor:

Born and raised in Uzbekistan in a Jewish family with four brothers and five sisters, Amnun “Alex” Kariyev immigrated to Chicago where he worked in a cable manufacturing company. Looking to run a business of his own, he went to school at night to learn the art of shoe repair.

Alex came to New York City and in 1986 set up shop on Second Avenue. When he started out, the rent was only $1,000, which might seem very low for the nicely proportioned 1,000 square foot space. But back then, Alex recalls, all of lower Second Avenue below 4th Street was “a no man’s land.”

And…

He bears no grudge against Icon Realty, who have given him his final month in the location free of charge. Having lived through the brand of Communism imposed by the former USSR, Alex says he believes in capitalism and that — at the price Icon paid for the property — they have the right to make money.

Alex was paying $4,000 a month in rent. The new asking rent is $14,000.

This Alex is now sending his customers to the unrelated Alex Shoe Repair at 71 First Ave. between East Fourth Street and East Fifth Street.

Previously on EV Grieve:
57 Second Ave. hits the market for $30 million

Reader report: Icon Realty new owner of 57 Second Ave.

Chase space on 2nd Avenue and St. Mark's Place is for rent

The retail space that is currently home to a Chase branch at 130 Second Ave. is on the market, available starting in January, according to a listing at Icon Realty.

Here are a few details from the listing:

130 2nd ave resides on St. Mark Place [sic] which is defined by a perpetual eclecticism born from an ever-evolving New York City and its mixing of the pop- and counter-culture movements. Dominated by pedestrians and boasting a lively, approachable and socialable sensibility.

-Prime East Village Corner Commercial Space on Second Avenue and St. Marks Place Accepting Offers for: General Retail Use, Restaurants/Bar, Office Space, Gyms/Fitness Centers
-New elevators will be installed and space will be delivered as a white box with a new all glass store front

And the asking rent? "$875,000 Per Annum." (Good for a mere $72,000 a month.)

Perhaps Chase figures they can do without this location… especially since there's another Chase branch two blocks to the north at East 10th Street.

And it appears that Chase is downsizing. There's a for rent sign above the Chase branch on Avenue A and East Second Street, as we noted last month.



This space is also available starting in January, according to the listing.

On East 9th Street Dusty Buttons is closing after 125% rent hike: 'Saying goodbye will hurt like hell'

A reported rent hike forced Cafe Pick Me Up out of its 20-year home at 145 Avenue A at the end of May.

Meanwhile, landlord Icon Realty apparently hasn't been renewing leases for the small shops that make up the East Ninth Street storefronts. Just two remain open… and one of them, the vintage boutique Dusty Buttons, has just put up a store closing sign.


[Photo via Bayou]

Aside from announcing sales and thanking customers, the proprietors offer a sarcastic kudos to the landlord.

"And thank you Icon Realty Management for making all of this possible! Hope your investments pay off! Coming soon, the NEW East Village!"

Dusty Buttons owner Amanda Loureiro told us that Icon served her a 30-day notice to vacate her shop last Friday.

She also shared a letter that she plans on posting to the store's Facebook page (edited a bit for length):

The first time I heard from Icon Realty we were asked to vacate for an undisclosed amount of time to allow for repairs to the building, and also offered a new lease with an unaffordable 125 percent increase for our less than 300-square-foot store. Then with no more conversation came the 30-day notice to vacate. I knew this day would come, that energy was swirling about for months. Icon bought our building last year, since then we have been looking for affordable East Village store front with no luck.

We opened Dusty Buttons six years ago in October. We moved once from across the street. My husband and I both live in the East Village. He moved here in his early 20s in 1982. I ran away to NYC at 17 in 1992 to live with a boyfriend for a while, attracted to the creative energy and a feeling of anything could be possible for a odd young girl from a small New England town. The boyfriend and I broke up and I begrudgingly moved home, with a feeling that I would return one day...

It was 2009 when I returned, very different from 1992. But that energy was still here and we found an affordable rent for Dusty Buttons. I met amazing like-minded creative people, became part of a neighborhood ... and adored being part of a community.

My husband and I are considering moving the store and ourselves to Philadelphia. The rents are lower and a creative energy feels full and strong. We may change our store a bit, more antiques ... maybe even a name change to 'Dusty and Buttons' a bit more of a duo like Tango and Cash or Hall and Oates!

July 29 is probably our last day as we have to be out by the 31st. There will be a sale, not a crazy one because we adore our inventory and want to bring it with us, but still a pretty good one! Come by and say farewell. I can't promise to not be tearful because this little shop was my baby, and saying goodbye will hurt like hell.

Icon Realty bought the building at 145 Avenue A for $10.1 million in April 2014, according to public records.

Tenants rally for better living conditions at 128 2nd Ave.; file contempt of court motion vs. landlord Icon Realty

[EVG file photo]

Angry tenants at 128 Second Ave. spoke out yesterday about their ongoing issues with landlord Icon Realty, who they say has yet to fix the building's heat, hot water and gas despite a court order to do so.

The rent-regulated tenants filed a contempt of court motion this week against Icon Realty, DNAinfo's Lisha Arino reports.

Per the article:

"Icon Realty has done very little to restore the services in the building so these tenants are taking it to the next level and bringing contempt of court charges against their landlord to restore these services," said lead organizer Brandon Kielbasa from the Cooper Square Committee, which has been aiding the building's tenants.

Also...

According to a lead inspection conducted by the Department of Health and Mental Hygiene and provided by the tenants’ attorney, dust samples collected during a March 3 inspection found lead levels up to 250 times the legal limit

The building also has 114 violations, all of which were issued this year, according to a Department of Housing Preservation and Development spokesman, leading to $4,000 in charges for emergency repairs the agency made as well as heat and hot water inspections.

HPD also sued Icon Realty in an effort to get the landlord to correct all of the building's violations and civil penalties. The case was settled earlier this month, the spokesman said, with the owners paying $7,500 in fines and agreeing to correct the violations.

An Icon spokesperson told DNAinfo that the court-ordered deadlines did not give Icon enough time to fix the building's issues. In addition, the spokesperson said that Icon installed a temporary electric water heater and provided hot plates to residents.

The spokesperson said that the landlord hopes to have the heat and hot water fixed in the next few weeks.

The building's residents have been without heat, hot water and gas since March.

"The tenants in 128 Second Avenue have endured enough," Councilwoman Rosie Mendez said in a statement released yesterday. "Icon Realty has hired armed 'Fire Marshalls' to patrol the building as a form of intimidation when all that they are required to do is ensure that tenants do not use the detached fire escape. The principals of Icon Realty are bad actors that are in contempt of court because they have not restored court ordered necessary services such as gas and hot water. The Judge should set an example by throwing the principals of Icon Realty in jail until all 67 life threatening and immediately hazardous violations out of 114 outstanding violations are cured."

Icon Realty took over ownership of the building between East Seventh Street and St.Mark's Place in the fall of 2013.

Previously on EV Grieve:
Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

Petition to help reopen the Stage

The Wall Street Journal on the ongoing issues at Icon Realty's 128 2nd Ave.

East Village tenants demand end to months without heat, gas at 128 2nd Ave.

East Village tenants demand end to months without heat, gas at 128 2nd Ave.

[EVG file photo]

Tenants of the beleaguered 128 Second Ave. are holding a press conference this afternoon to "demand immediate restoration of heat and gas" in their building between East Seventh Street and St. Mark's Place, according to a media advisory about today's gathering at New York City Housing Court.

As previously reported, tenants filed a HP Action for Repairs and Services in March, citing inconsistent heat, lack of fire alarms, a broken fire escape, front door, and stairs, and other dangerous living conditions in the building owned by Icon Realty. Residents have also alleged "harassment from the landlord in order to push out rent-regulated tenants."

Back in April, The Wall Street Journal reported on the situation in the building, citing 89 open violations with the Department of Housing Preservation and Development, including 58 the department considered "immediately hazardous."

On April 14, Manhattan Housing Court Judge Cheryl Gonzales reportedly "expressed impatience with Icon's lawyer, who asked for 45 days and a 'right of extension' to repair the boiler, citing aging infrastructure, warmer weather and lengthy waits for permits."

Reps for the tenants say that, despite the court order, Icon has yet to restore the gas or the the hot water.

Public records show that the current violation count is now at 114 with 67 class “C” immediately hazardous violations.

The press conference starts at 1 p.m. outside New York City Housing Court, 111 Centre St.

Meanwhile, we have not heard anything on the status the Stage, which remains closed as it takes to the courts with Icon.

Previously on EV Grieve:
Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

Petition to help reopen the Stage

The Wall Street Journal on the ongoing issues at Icon Realty's 128 2nd Ave.

Icon Realty bringing Sexyflow to Avenue A

The coming soon banner arrived for Sexyflow Hair Salon in the window at 205 Avenue A on Saturday … the person who shared this photo wondered if this is real … or some kind of gag or goofball invite for another art show in the space.

The sign appears legit. Plus the retail listing is no longer on landlord Icon Realty's website for the building here between East 12th Street and East 13th Street.

Perhaps Sexyflow might be a good first stop before hitting a rooftop party here.

Trees arrives for Icon Realty's newest roof deck

There was a lot of activity this morning outside 154 Second Ave., Icon Realty's new residential building between East Ninth Street and East 10th Street where rentals range from $4,500 to $9,500.

EVG reader Dan Theisen noted that workers were hoisting some trees and bushes up to the landscaped roof deck…







… roughly right here….



Perhaps this will be a more tranquil rooftop experience. There are reportedly an "endless barrage of rowdy DJ dance parties" on the roof deck at the Icon-owned 205 Avenue A, as the Post put it last August.

The Stage is now crowdfunding to help in its legal fight with Icon Realty

[EVG file photo]

The Stage, currently embroiled in a legal battle with landlord Icon Realty, has launched a crowdfunding campaign to help the diner reopen.

A quick recap: Icon Realty has accused the Stage of illegally siphoning gas, which was the basis for a recent eviction notice in the aftermath of the deadly blast across from the diner at 128 Second Ave. between St. Mark's Place and East Seventh Street.

Roman Diakun, the owner of the 35-year-old diner, has previously denied any wrongdoing.

Now Roman's son Andrew Diakun has started the campaign. Per YouCaring: "In order to clear the restaurant's name, and help us reopen, we have initiated a lawsuit against the landlord. If you can and you are willing to help, we ask you to donate so that we can attempt to sort things out, open up and return to our livelihood again."

In our last post on the Stage, several readers asked if there was a crowdfunding campaign. Here is the link to the site. Stage is hoping to raise $10,000. They are up to nearly $4,000 now in the campaign that began on Wednesday.

The Stage has been closed since March 30.

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

Petition to help reopen the Stage

[Updated] The Stage is giving away its bulk food and supplies to charity

Report: The Stage is suing landlord Icon Realty to halt eviction process

The Wall Street Journal on the ongoing issues at Icon Realty's 128 2nd Ave.

The Wall Street Journal checks in today with a piece on 128 Second Ave., the troubled building between East Seventh Street and St. Mark's Place owned by Icon Realty.

A few excerpts from the article by Rebecca Davis O'Brien:

Since the explosion, 128 Second Ave. has accrued 87 violations with the Department of Housing Preservation and Development, along with two additional violations and a stop-work order from the Department of Buildings, according to city records. The building has been without heat, hot water, or cooking gas for three weeks.

Residents of 128 Second Ave. say Icon has neglected the building, bullied rent-stabilized tenants and hired unqualified workers to do construction without permits. Icon denies the claims.

In court last Tuesday, Manhattan Housing Court Judge Cheryl Gonzales expressed impatience with Icon’s lawyer, who asked for 45 days and a “right of extension” to repair the boiler, citing aging infrastructure, warmer weather and lengthy waits for permits.

“People have to take showers every day,” Judge Gonzales said. “Make it work.”

Judge Gonzales also showed concern about the building’s 89 open violations with the Department of Housing Preservation and Development violations, including 58 the department considered “immediately hazardous” and must be fixed within 24 hours. The bulk of the violations relate to gas and deteriorated external fire escapes.

According to the article, the tenants and Icon and the Department of Housing Preservation and Development signed a consent decree: "fully restored gas and repaired fire escapes in 45 days, hot water within 24 hours, electric space heaters, and three days’ notice before any repairs in apartments. As of Monday afternoon, residents said they still had no hot water."

The article does not include any updated information on the Stage, which Icon recently served an eviction notice.

You can find the whole article here (subscription required)

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

Petition to help reopen the Stage

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

[Image via Facebook]

The following was published yesterday on the Stage's Facebook page...

In response to the recent news, Roman Diakun, the proprietor of Stage Restaurant has released this statement:

We at the Stage Restaurant are deeply troubled by the landlord’s false allegations that we engaged in any illegal siphoning of gas. Stage is a long-standing restaurant with deep connections to the community – we have never siphoned gas, and have committed no wrong.

In response to a complaint made by one of the residential tenants of the Building, Con Edison turned off the gas to the entire building, including Stage’s gas supply as a precautionary measure in light of the recent tragic events that transpired on March 26, 2015.

Con Ed promptly came to the Building and performed an inspection, which made no findings that Stage had ever tampered with the meters or pipes. In connection with restoring gas services to Stage, a licensed plumber determined that Stage needed to replace one of the pipes servicing Stage.

In an effort to remedy the issue as quickly as possible, Stage commenced work prior to obtaining what was later learned to be a necessary work permit, and a stop work order was issued. Stage immediately complied with the stop work order, paid the fines thereon and hired a licensed plumber to apply for the proper applications to perform this work, so that Stage can get back to servicing the community it has had the pleasure to serve for the last 35 years. Stage has requested that the Landlord sign off and cooperate with Stage’s efforts in this regard.

However, to date, Stage has been unable to secure the Landlord’s consent to completing this repair work, which is vital to the safe and continued operations of Stage, as well as for the safety of the community. Stage has requested that the Landlord withdraw the termination notice, and cooperate with Stage’s efforts; however, the Landlord in not interested in promptly remedying a potentially dangerous issue at the Premises, but instead the Landlord is seizing on the recent tragic events as an opportunity to wrongfully evict us for reasons unknown to us.

The building has several violations which are not related to the present issue, and none are indicative of the Landlord’s spurious and malicious claims that Stage has engaged in any wrong-doing other than overzealously attempting to remedy a potentially dangerous condition.

As amNY reported on Tuesday, Joseph Goldsmith, a lawyer for landlord Icon Realty, believes that the Stage was "trying to cover up the siphoning that they had previously done and the Department of Buildings went for an unnanounced inspection and caught them in the act."

Goldsmith told amNY that Icon is waiting for gas use records and pictures that a DOB inspector had taken during the visit in late March.

Bedford + Bowery has more from both Goldsmith and Diakun here.

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

[Updated] Report: Icon Realty serves the Stage an eviction notice

[Photo by Grant Shaffer]

Attorneys for Icon Realty served an eviction noticed last night to the Stage, the beloved diner at 128 Second Ave., WNYC is reporting.

Stage owner Roman Diakun has until the end of this month to leave his 35-year-old neighborhood favorite. According to WNYC, the eviction notice cites a Stop Work Order the city had issued for unauthorized work being done on gas pipes in the basement. Here is the copy of the eviction notice, first obtained by WNYC...

brlclter.not 4-13-15

At the end of March, the city issued a Stop Work Order at 128 Second Ave. for what they say was installation of a gas pipe and fittings without a permit.

According to DOB documents, a city inspector on March 29 observed this taking place in the cellar of the under-renovation building across Second Avenue from the site of the gas explosion that killed two men and brought down three buildings.

Per Gothamist on April 1:

Tim Neithercott, a tenant of 128 Second Avenue, told us that his landlords would intermittently turn off the building's gas during renovations, but that Con Ed was never notified, suggesting the landlord was doing so independently. "They've definitely been tampering with the gas on their own," Neithercott says, and indeed, on Sunday, a Con Edison inspector discovered that a new gas pipe was being installed on site without a permit.

Mitch Kossoff, a lawyer representing Icon, told WNYC earlier in the month that the owners were "puzzled" and not aware of any gas work being done.

There was also complaint filed with the city on March 31 claiming the following: "Customer is reporting a restaurant hooking up gas pipes. Name of restaurant is Stage."



Stage owner Roman Diakun's son Andrew started an online petition last week … collecting signatures to help generate support for the restaurant between East Seventh Street and St.Mark's Place.

Meanwhile, the city issued a Full Stop Work Order last Thursday at 128. According to the DOB, there was work being done in several apartments without proper permits, including electrical and plumbing. Residents are still without gas for cooking and heat, a tenant tells us.



Icon bought the building in the fall of 2013.

Updated 10:38 a.m.

DNAinfo's Lisha Arino talked with Roman Diakun.

“They don’t want me,” he said, referring to his landlord, 128 Second Realty LLC. “I didn’t do any crime.”

Diakun declined to comment further, but previously said at a small business meeting that he was making an emergency repair on the line and did not realize he needed a permit to do the work. He also denied that he was siphoning gas. The landlord, he added, refused to fix the line so he could reopen his business.

Arino also has quotes from Icon lawyer Joseph Goldsmith, who disputed Roman's claims.

Updated 4-15

Goldsmith told amNY that the Stage was "trying to cover up the siphoning that they had previously done and the Department of Buildings went for an unnanounced inspection and caught them in the act."

Goldsmith said the landlord is waiting for gas use records and pictures that a DOB inspector had taken during the visit.

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

The possibility that the Stage won't reopen on 2nd Avenue

[EVG photo from Monday]

As we first reported on Tuesday, the city issued a Stop Work Order at 128 Second Ave. for what they say was installation of a gas pipe and fittings without a permit.



According to DOB documents, a city inspector on Monday observed this taking place in the cellar of the Icon Realty-owned building, across Second Avenue from the site of the gas explosion that killed two men and brought down three buildings. (Officials have said that a gas pipe underneath 121 Second Ave. might have been "inappropriately accessed" by outside contractors.)

According to a report at Gothamist yesterday: "Some of [128 Second Ave.'s] tenants say they've heard they may be without gas for six to 12 months."

All this has put the Stage, housed in a storefront at 128 Second Ave., out of commission. The beloved diner was able to open for business last Friday and Saturday, but had to close on Monday without any gas for cooking.

A Stage regular spoke with owner Roman Diakun yesterday. Per the regular: "Unfortunately, he might have to close down the restaurant for good. It's going to take much longer to turn the gas on than one would think. Between plans, permits and checking every apartment ... it could take months."

There's also complaint on file with the city Tuesday claiming the following: "Customer is reporting a restaurant hooking up gas pipes. Name of restaurant is Stage."



One resident said that this was a bogus claim, which led to more finger pointing in a building that tenants say has been plagued with problems since Icon bought it in the fall of 2013.

Per Gothamist:

"Tenants have had issues from the get-go," Yonatan Tadele, a community organizer with the Cooper Square Committee, told us. He noted that since Icon took over in 2013, landlords had been taking rent-stabilized tenants to court, then terrorizing remaining tenants with lengthy renovations, frequent gas shutdowns and other quality-of-life issues.

On March 24, the tenants association at 128 Second Ave. filed an HP Action for Repairs and Services against Icon Realty in NYC Housing Court. Among other issues, the remaining residents claim that there is inconsistent heat, broken fire escapes and a lack of fire alarms in the building.

As for the landlord and the city's Stop Work Order, WNYC reported the following:

Mitch Kossoff, a lawyer representing building owner Icon Realty, said the owners were "puzzled" and not aware of any gas work being done.

Early last evening, an Icon rep sent this email to residents of 128 Second Ave., several copies of which landed in our inbox:

Please be assured that Smicon Realty is committed to providing safe and habitable housing to the tenants of New York City, and upon notification of any issues, promptly deals with them.

Unfortunately, and as a backlash of the recent and tragic circumstances that occurred across the street, Con Edison has shut off gas service to a number of buildings, our building included.

Please be assured that we are acting diligently to have the gas service restored as quickly as possible and in the interim, we are trying to make arrangements for a temporary boiler.

We are also going to provide all tenants with double burner hot plates so you can cook. We would like for all tenants who wish to relocate to a Hotel of your choice starting immediately.

For those tenants who are not otherwise in arrears, Management will cover up to $200 per day for your Hotel accommodations until the hot water has been restored building wide.

Management will not cover any expenses that exceed the $200 per diem. Please submit your Hotel receipts into our office for reimbursement.

Your reimbursement check will be processed within 30 business days of receipt.

Your rent will be adjusted accordingly for the days you are without heat and hot water.

We sincerely apologize for this inconvenience and hope to have this matter resolved in a timely manner.

Previously on EV Grieve:
City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone

Yesterday afternoon, the city inspected the Icon Realty-owned 128 Second Ave. across the street from the three buildings that were leveled in a gas explosion last Thursday that killed two people and left more than 20 others injured.

According to the violation notice, a city inspector observed a worker in the cellar installing a new gas pipe and new gas elbows and valve without a permit.



The city immediately served a full stop work order.



Per the sign on the door, the remedy is either obtaining a permit or restoring to "prior legal condition."

128 Second Ave. is also home to the Stage. The diner was closed yesterday. A reader spotted Stage owner Roman Diakun, who said they didn't have gas service. It's unclear when the Stage will be able to open again for business.

Last Wedensday, the tenants association at 128 Second Ave. filed an HP Action for Repairs and Services against Icon Realty in NYC Housing Court. Among other issues, the remaining residents claim that there is inconsistent heat, broken fire escapes and a lack of fire alarms in the building.

Icon bought the building in the fall of 2013.

Previously on EV Grieve:
Happy holidays from 128 Second Ave.

128 Second Ave. has been sold

'Demolitions and renovations' starting today at 128 Second Avenue

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

[EVG file photo]

A representative from the tenants association at 128 Second Ave. passed along word that the group filed an HP Action for Repairs and Services against landlord Icon Realty yesterday in NYC Housing Court.

The laundry list of issues from the remaining tenants include:

• inconsistent heat
• no fire alarms
• broken fire escape
• broken front door
• excessive dust
• broken stairs
• hanging wires


[A hallway scene at 128 2nd Ave.]

The tenants association have a court date set for April 14 at 9:30 a.m.

Back in the fall of 2013, the ownership of 128 Second Ave. changed hands for $7.5 million… The listed buyers for the building between between St. Mark's Place and East Seventh Street are LLCs... with addresses that matched up to Icon Realty Management, who has been busy in the neighborhood (go here … here … and here for examples).

One of the gut-renovated apartments at 128 Second Ave. is now on the market for $4,300. The two-bedroom unit includes a washer-dryer.

As we understand it, only eight or nine of the building's pre-Icon residents have been able to stick it out through renovations, evictions, buy-out offers, etc.

Previously on EV Grieve:
Happy holidays from 128 Second Ave.

128 Second Ave. has been sold

'Demolitions and renovations' starting today at 128 Second Avenue