“Lawyer answers questions on procedural matters for housing project built by refugees in Yeung Tau Bay”

On January 15, the community where the homeless camp on U Avenue in Sheephead Bay is located received a notification from the developer, stating that a pre-construction survey is planned to take place from January 20 to 30. Residents learned that their attorney had signed documents related to Article 881 on their behalf, but some procedural details remain unclear, sparking community concern and questions.

Responding to requests from residents and homeowners, the South Brooklyn Rescue Alliance’s joint attorney, Xue Bin, held an online community briefing on January 16, providing updates on the legal progress of the homeless camp project at 2134 Coyle Street, the current status of Article 881 procedures, and the possible subsequent steps, helping residents understand their rights and clarifying the developer’s permissible actions.

The attorney pointed out that the case is still in the Article 881 procedure, and the developer must strictly adhere to the legal process, with no actions that do not meet the requirements being allowed to proceed. The whole process is mainly divided into the following stages:

Regarding the pre-construction survey notice issued by the developer, attorney Xue Bin stated that due to the developer not providing complete and compliant insurance information, he has represented the homeowners in rejecting the survey. The developer will not be allowed to enter any homeowner’s property until all legal and safety requirements are met. Therefore, from January 20 onwards, the developer will not enter the relevant residential areas.

If the developer supplements the documents and reschedules the survey in the future, the attorney will notify the homeowners immediately, with the survey being conducted by the engineer present and homeowners not needing to be on-site.

After completing the pre-construction survey, the developer must submit a detailed report to the engineer. The engineer will assess whether the protection plan is sufficient and can effectively ensure the safety of surrounding house structures based on the report. The attorney emphasized that the plan will undergo rigorous professional review to ensure compliance with standards.

Once the protection plan is approved, the project may proceed to the demolition phase. The attorney pointed out that without obtaining legal and complete demolition permits, the developer is not allowed to commence any demolition work; if there are issues with the permit, the community and homeowners have the right to legally halt the project.

The attorney added that developers usually do not immediately erect scaffolding. Once erected, they must legally cover the relevant costs incurred for the homeowners; typically, scaffolding will be erected approximately 10 days before the demolition work commences.

Addressing the residents’ concern about whether the attorney will continue to represent the homeowners after the Article 881 procedures end, attorney Xue Bin clearly stated that even after the procedures end, he will continue to uphold the legal rights of the homeowners.

In the final part of the meeting, the attorney conducted a Q&A session to address the various questions raised by residents and homeowners. Members of the South Brooklyn Rescue Alliance emphasized the need to stay vigilant on project developments, timely inform the community of the latest updates, and ensure that residents’ right to information and housing safety are not infringed upon.