A new development has emerged in the construction case of the homeless shelter at 2501 86th Street in Brooklyn. According to documents from the Brooklyn Supreme Court, the developer filed an application on May 29 under Article 881 of the Real Property Actions and Proceedings Law of New York State, seeking judicial permission to access the backyards of neighboring Chinese residents for construction.
The application stated that the developer plans to demolish the old building and has already submitted and obtained relevant engineering plans and permits from the Department of Buildings (DOB). To complete the demolition work, temporary access to adjacent properties is needed to install scaffolding and other protective structures, hence the request for court approval. The case documents include a “Demolition and Protection Plan” and an affidavit from the lawyer.
A judge signed an order yesterday (June 12) requiring all parties to appear in court on July 17 for explanations.
Mr. Ma, a representative of residents opposing the project, pointed out that New York State revised RPAPL 881 at the end of last year, increasing the disclosure obligations of applicants. The revised law clearly requires applicants to provide more complete engineering information, including drawings, engineering specifications, survey data, engineering reports, and proof of insurance. It also requires applicants to reasonably compensate neighboring property owners for any restrictions on use or diminished property value caused by the project.
Residents cited a 2023 RPAPL 881 case in Brooklyn, where the court rejected the applicant’s 881 application due to failure to provide approved drawings from the Department of Buildings and testimony from engineers or architects, demanding additional submission of documents. They believe this precedent demonstrates the court’s long-standing standards for information disclosure.
Residents stated that the information submitted by the developer in this case lacks complete engineering drawings and engineer affidavits.
Regarding the importance of complete drawings, Mr. Ma believes it is not just a technical issue but a matter of vital information for the legality of the project’s progress. Public access to drawings allows nearby residents to assess whether the project complies with regulations. As the legislative purpose of RPAPL 881 is to address engineering needs related to “development,” the court needs to understand the entire project, not just the demolition phase.
Residents also pointed out that the developer seems to have started partial demolition work as early as the beginning of April this year, while the application for 881 to access neighboring properties for scaffolding protection was only filed on May 29, raising questions about whether the project had started without obtaining judicial permission.
However, whether the project involves violations and whether the 881 application documents meet the requirements are still pending further review and determination by the court.
Mr. Ma stated that the hearing on July 17 is just the beginning of the process, “The completeness of drawings and engineering information disclosure will impact the court’s judgment on the 881 application and are crucial for the legal basis of the project’s subsequent progress,” he said.
As of the time of publication, the reporter has sent an inquiry email to the developer’s lawyer but has not yet received a response.