That's the question BrickUnderground asked an expert, real-estate attorney Steven Wagner of Wagner Davis, about the destruction of the circa 1852 home on East Sixth Street. Here's the rather longish short answer:
“Personally I think what he did was wrong if the building was distinctive and worthy of preservation, but that is not a legal issue,” Wagner says.
“When a building is not landmarked, but Landmarks has issued a letter that [it] is being considered for landmarking, the DOB will hold the any plans (including demolition) for 40 days, which is the maximum time the DOB has to review plans and issue a decision," says Wagner.
The DOB can usually find issues, says Wagner.
But, he adds, if the owner of the property files an application for demolition prior to the landmarking and gets a permit before the property is landmarked, the right to demolish survives the landmarking.
So you see, he did nothing illegal. I wish that you people would just leave him alone then!
Oh, and that photo illustration is via BrickUnderground.
Hat tip to Curbed.
Previously on EV Grieve:
Is David Schwimmer the 'Friends' star who now owns the demolished 331 E. Sixth St. townhouse?
Outrage over total demolition of historic East Sixth Street townhouse