Since 2017, my neighbor has pursued a construction project that has consistently violated both the NYC Building Code and my property rights.
By 2018, demolition was underway without any of the legally required safety measures – no roof protection, no sidewalk shed (SWS), and no garden protection. Only in 2019, after a pedestrian was allegedly injured by falling debris, did my neighbor finally erect a sidewalk shed. That same year, without notice or consent, he installed a so-called “garden protection” structure directly onto my property: a cantilevered platform protruding into my backyard. This trespassing installation was never permitted by DOB.
Two years later, in 2021, my neighbor belatedly applied for a permit, which DOB rejected. Despite the denial, the unlawful cantilever has remained on my property to this day. A licensed professional engineer retained by me inspected the structure and found it life-endangering – constructed of rotting plywood, rusted wires, and unsecured concrete counterweights. The PE determined it was non-compliant with code and wholly inadequate as protection, recommending immediate removal. His signed report was submitted both to DOB Commissioner’s Office and Borough Commissioner Reda Shehata.
Between 2019 and 2025, DOB inspectors visited my property over 50 times. Despite repeated complaints and documented evidence, no enforcement action was taken until August 2025, when NYC Buildings finally issued an ECB violation for the illegal cantilever.
Incredibly, in 2024 DOB issued a partial vacate order against my property – barring me, my tenants, and my family from using our backyard due to unsafe conditions created by my neighbor’s work – yet DOB continued to permit the developer’s unlawful construction to proceed.
It should not take six years, multiple engineering reports, and over $15,000 in professional fees for an adjacent homeowner to secure recognition of what has been obvious since 2019: a non-permitted, dangerous, and trespassing structure cannot be allowed to remain.
The recent ECB violation only underscores the severity of the issue. The real question is: why was no action taken in 2019, or during the dozens of subsequent complaints? Why was my neighbor allowed to continue construction without mandated roof and garden protections?
DOB’s prolonged inaction raises urgent questions of accountability and whether the agency is fulfilling its duty to safeguard homeowners in Brooklyn and across New York City.