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'Landmark' decision for historic building

Real Estate Weekly, Dec 29, 2004 by Barbara Nelson

The City Landmarks Preservation Commission won a far-reaching court decision this week--saving at least one historic home from demolition.

New York County Supreme Court Justice Walter B. Tolub issued a decision on December 20 that the owners of the Samuel Tredwell Skidmore House, located at 37 E. 4th St. in Manhattan, had failed to maintain the building to the standard of "good repair" as required by law. For the first time ever, the legal requirement of "good repair of a landmark" was upheld in court.

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"The court's decision is a wonderful holiday present in helping to preserve the City's past. The decision will not only save the Skidmore House, but will assist the City in its efforts to maintain other landmark properties," said Senior Assistant Corporation Counsel Paula Van Meter of the Law Department's Administrative Law Division, who represented the Landmarks Commission.

The Skidmore House, built in 1845, was designated a City landmark in 1970 and described as an "unusually impressive" Greek Revival residence that was characteristic of its East Village neighborhood in the mid-19th century. However, the building's current owners neglected it to such an extent that it deteriorated and was at risk of collapsing.

The Commission resorted to litigation only after all other efforts to work with the owners failed. "We tried for years to get them to do the right thing by this building, but the owners refused," said Robert B. Tierney, Chair of the Landmarks Preservation Commission. "After it became clear to us that they had no intention of taking care of this historically significant building, we sued. Justice Tolub's decision sends a clear message that 'demolition by neglect' will not be tolerated."

While the owners were pursuing various proposals to develop the area surrounding the Skidmore House, they did little to maintain the land mark in spite of repeated requests by the City's Landmarks Preservation Commission to make repairs.

Finally, after a portion of the roof collapsed into the building, the Commission initiated a lawsuit to force the owners to return the building to the condition of "good repair" required by the Landmarks Preservation Law, resulting in a three-day trial in which the City presented evidence about the building's poor condition.

"Many people are scared by the landmark designation," said Simeon Bankoff, executive director of the Historic Districts Council in New York. "There's absolutely no reason to say the landmark designation causes a burden or hardship. The property owners wanted to demolish the building. They were flaunting the law. Had they kept it weather tight it would have cost nothing to repair it."

As long as they maintained the exterior, the interior could have been converted into a profitable business helping to defray the costs of maintaining it, Bankoff said.

"They could have converted it into a number of things--a multi-dwelling unit, hotel, bed and breakfast or a restaurant," he said.

In his decision, Justice Tolub described the building as being in "dismal state of disrepair" and ordered the owners to make all the repairs required by the Commission in order to stabilize and preserve it. The Court's order directs the owners to make the repairs currently needed and to maintain the building in the future.

The building owners listed on the legal papers include: 10-12 Cooper Square, Inc.; Allan Goldman; and "the land & building at 37 E. 4th St." in Manhattan.

David Rosenberg of Marcus, Rosenberg & Diamond, who represented 10-12 Cooper Square Inc., did not return calls to Real Estate Weekly.

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'Landmark' decision for historic building

Real Estate Weekly, Dec 29, 2004 by Barbara Nelson

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