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Lost or late...? (Or maybe really early.)
Photo in Tompkins Square Park this morning by Derek Berg...
Tenants of 118 E. Fourth St. recently received notice that work crews hired by Jared Kushner’s Westminster City Living contaminated their building with lead-laden construction dust. The contamination was the result of unchecked dust from demolition work being performed in the building.
A report issued by New York City Department of Health and Mental Hygiene from November shows elevated levels of lead in four of the five samples collected in the building. The sample with the highest level was nearly 10X (383 µg/ft2) the acceptable standards prescribed by the U.S. Environmental Protection Agency for floors/treads of 39 µg/ft2.
In the fall of 2015, tenants of 118 E. Fourth St. endured bouts of no heat, mounting trash, and a longstanding cooking gas outage. The tenants then filed an HP Action in January 2016 for repairs and services to be restored. A motion was also filed in court to hold Westminster in contempt of court due to the lack of restoration of services.
Tenants of 118 E. Fourth St. and the Lead Dust Free NYC coalition are now calling the unsafe conditions to be remedied immediately and for safe work practices to be put in place for all work being performed. Tenants, advocates and elected officials are calling on the City to improve enforcement around lead and to increase penalties for landlords who contaminate buildings.
Many provisions with NYC’s lead laws, Local Law 1 of 2004, are not being utilized by the City. A City Council hearing in September of this year called to attention major deficits within the enforcement and regulations surrounding Local Law 1.
"I was in my apartment on a day when they began demolition. A dust cloud invaded my entire apartment from the demolition happening in the apartment below me. I felt a burning in back of my throat along with feeling of grit. I decided to leave for my own safety," said David Dupuis, a tenant of No. 118 for 35 years. "When I returned in the evening, the halls and everything in my apartment was completely covered in dust. The burning sensation at the back of my throat lasted for days."
Very complicated plans were presented for 45 minutes and the public was asked to respond for 30 minutes and fill out stick ’ems to be put on printed drafts and proposed construction diagrams. That was the extent of the public involvement. There has been no transparency in this process.
[I]t took the city four years to realize the pitfalls of the previous plan, to the chagrin of locals and Downtown politicians, who have several unanswered questions.
“Part of the problem is the city can’t answer basic questions about why this is necessary and what range of options they’ve considered to protect this community for resiliency,” said state Senator Brian Kavanagh. Kavanagh sent a joint letter with nine other Manhattan pols to the Mayor’s Office last week outlining their concerns.
“On some level, the proposal here today is to destroy this park in order to save it,” Kavanagh said. “And if we could be persuaded that this is the only way to protect the community from catastrophic storms, that would be a good start to this conversation, but unfortunately this city, after many years of planning, decided without consultation to scrap the original plan and announce an entirely new plan.”
Since the new U.S. law designated such zones across the country, the pool of buyers for these properties has widened to more than just real-estate investors seeking 1031 tax-free exchange purchases.
According to Anchin CPAs’ Marc Wieder and Jeffrey Bowden, any seller of a home, apartment, stock, collectible, art or business is able to roll their gains into an Opportunity Zone project.
Over time, such an investment allows investors to both step up the tax basis on the gain and defer the taxes.