Chronicles of Stolen Space: Fake Enforcement

After closing the Privately-Owned Public Space for months of reconstruction to fix subsurface problems, the Millennium Hilton is now reopening its POPS with the same non-compliant design and illegal operations that degrade our public realm. And as before, despite some pretense that they are responding to complaints, the enforcement agencies empowered and entrusted to safeguard our public space are allowing the owners to shirk their responsibilities and steal space from the public:

• Required public seating and other features were not installed
• The parking garage has resumed using an area that is supposed to be public seating to temporarily park vehicles
• The parking garage continues to illegally encroach on the sidewalk and park an extra vehicle that blocks an egress door.

The Department of Buildings, after an insanely prolonged battle, did finally issue a violation for the missing public space amenities. That turned out that was only a token gesture. They listed a demerit and issued a small one-time fine. Then they let the building's owners continue with business as usual. If the Department of Buildings were serious, they would require the owners to meet their obligations under the Special Permit or revoke their Certificate of Occupancy. By all appearances, the Department of Buildings is still siding with unscrupulous building owners against the public.

After @NYC_Buildings closed out 10 earlier complaints over 11-month period saying there was no problem...https://t.co/uK2pXFFdI1

— Urban Residue (@urbanresidue) April 3, 2017

While it was nice to hear "DOB is aware of this issue and has been monitoring the site," issuing a small fine and letting them resume using the public space as a parking spot is not sufficient. pic.twitter.com/ivlYYTcEqn

— Urban Residue (@urbanresidue) March 27, 2018

Meanwhile, the New York Police Department is still letting the parking garage operator break the law and possibly endanger lives. In response to 311 complaints, they have claimed to go out in an attempt to take care of the problem, but those responses are obvious falsifications.

I understand that the parking garage is using the space in front of the hotel's emergency egress door and part of the sidewalk as a parking space, @NYPD1Pct. That's the problem! pic.twitter.com/L7jUCBxLqu

— Urban Residue (@urbanresidue) March 31, 2018

The result is a poor pedestrian experience for the city's residents, workers, and visitors due to wealthy business owners abusing our public space and possibly even putting the lives of their own paying guests in danger.

Previous chronicles in this saga:
http://urbanresidue.blogspot.com/2016/09/chronicles-of-stolen-space-new-york.html

http://urbanresidue.blogspot.com/2016/11/chronicles-of-stolen-space-department.html

http://urbanresidue.blogspot.com/2017/03/chronicles-of-stolen-space-department.html

Chronicles of Stolen Space - Department of Buildings

This is the second in a series of posts about the failures of city agencies to protect New York City's public spaces, using the example of the Millenium Hilton. This post examines the role of the Department of Buildings (DOB).

Whose interest served by a sidewalk like this?https://t.co/yH7JPmVThb
NYC must do better @NYC_Buildings @NYPDnews pic.twitter.com/kZaI3FTQiO

— Urban Residue (@urbanresidue) April 30, 2016

DOB is the primary agency responsible for protecting the public's interest in Privately Owned Public Spaces (POPS). A POPS is created when a developer dedicates space for permanent public use in exchange for extra development rights. The City Planning Commission issues a Special Permit, which is enforced by DOB. Signs denoting the status of the public space are supposed to be installed, and they inform people that complaints about the space can be directed to the Department of City Planning or DOB.