After Flatbush: Who Pays When the City Cracks Down?

The short answer

So far, a sweep aimed at the companies. Not at every owner.

In the coverage reviewed through Nov. 14, no new collapse-specific requirement for existing buildings has been announced. The sweep follows the firms tied to the dig. What comes next for small owners depends on whether the sweep widens, and that is not known.

Bentley's read - judgment, not fact

The evidence so far does not show a war on property owners. It shows a sweep of firms with troubled records and a buildings agency short of staff. Whether broader inspections follow is a prediction, not a fact.

What happened

A three-story building fell into a dig

• ReportedOn Wednesday, Nov. 11, the three-story building at 1321 Flatbush Ave. collapsed into the excavation next door at 2625 Bedford Ave. The city says eight people died, including two children aged 9 and 10, and 18 were hurt. Two of the dead were construction workers. (The City Reporter; City Limits)
• City saysBuildings Commissioner Ahmed Tigani said excavation was under way. The site had approved plans for three stories and a nine-story plan not yet approved. (Mayor's Office transcript)
• OpenCause: under investigation. DOB retracted an early reported finding and says the cause is still open. The Brooklyn DA is investigating and the city is bringing in an independent engineering firm. (The City Reporter; AP)

What reporters found in city records

• ReportedThe dig site had a March stop-work order for missing overhead protection, then an April violation for work during that order. DOB lifted the order May 8. (DOB statements, via Construction Dive)
• DisputedEngineers told Gothamist the approved excavation plan lacked added bracing along the building that fell. DOB calls the design standard industry practice and is reviewing the soil report. (Gothamist)
• ReportedThe building that fell had 98 open housing violations, 21 of them "immediately hazardous," according to city data. (The City Reporter)

The sweep

160 sites, six companies, one stretched agency

• City saysOn Thursday the mayor said DOB had tied five entities to about 100 other sites. By Friday the count was six entities and roughly 160 sites under inspection. (amNewYork; City Limits; AP)
• ReportedThe city has not published the list of sites. (amNewYork)
• ReportedDOB has 168 vacancies, over 9% of its budgeted staff, according to the comptroller dashboard cited by AP and by Council Housing Chair Pierina Sanchez. DOB says 63 hires in two months cut its inspector vacancy rate by half. (AP; CBS New York)
• Not shownNothing in this coverage says the sweep reaches owners with no tie to these companies.

What small owners may face

No new owner duty announced in the reporting reviewed.

• ReportedBefore digging, the developer mailed a notice letter to neighboring landlords in June about the excavation. (Gothamist)
• Not foundIn the sources reviewed through Nov. 14, no Council bill or DOB rule tied to the collapse that would change duties for existing small owners.
• OpenWhether the sweep widens beyond the six entities, and what the independent engineering review recommends, is not yet public.

Is it a war on owners?

On this record, no. The sweep follows the firms.

The documented action is a sweep of sites tied to six named entities and an investigation of both properties, including the building that fell, which had 98 open violations. Nothing in the reporting shows a campaign against owners who keep their buildings in order.

Bentley's read - judgment, not fact

Prediction, not fact: if inspections widen, the owners who spend the most time and money will be the ones with open hazardous violations or loose paperwork. Three signals to watch: whether the sweep list grows, DOB hiring, and what the engineering review finds.

Nothing here assumes any exposure for your buildings.