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Brooklyn Gold - Page 7 — Brooklynian

Brooklyn Gold

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  • 235 has to be the right application. One of the updates yesterday was a signoff that 277 Gold got 3 days before approval. So this one is late in the game, and that can only be 257.
  • Has anyone thought about canceling the lease?
  • ahh you're right, 235 is the correct application. I got confused but my bf was able to explain to me that 235 is actually listed in the system for House # ranges 235-263 which are all in the same lot and that BIN# 3335886 (235 gold) also is attached to BIN# 3335887 (257 gold) Sorry about that.

    @ why did i move - You can cancel but losing a month + security deposit is a considerable amount of $$..there's a rider within the lease that states that they have 90 days from the original move in date they set for you to get you in the building.

    Also, Tanya from the borough president's office left me a message a few moments ago. She said the building has the TCO but they have a list of requirements outstanding for the CO and that she called BK gold a zillion times to find out their time frame for completion but she hasn't heard back from them.

    This sounds all too weird.....With what Dr.Quartermass said, I have a feeling she may still be confusing "235" with 277
  • Valerous, do you have an email address for Tanya? If so, I'll send her an email with the DOB links--it's probably more clear that way. She must be looking at 277 Gold Street, because there's no way 257 has its TCO yet.
  • I went on the Borough President's site (http://www.brooklyn-usa.org/Pages/ActionContact.htm) and I'm guessing it's:

    Community Assistance Specialist
    Tonya M. Hill
    [email protected]

    Hopefully, your email will make it more clear to her.
  • I emailed her. I'll let you know what she says. Same for the rest of you--let's keep updating the board as soon as we hear anything.
  • This is the response I got:

    Borough President Marty Markowitz’ Office received your recent email regarding ongoing problems at 257 Gold Street. Please be advised that upon receipt of your complaint, I have been in contact with the Department of Buildings (DOB). Our office was informed that DOB sent a copy of the outstanding requirements/list of objections the developers need in order for the building to receive a Temporary C of O. I also contacted Brooklyn Gold and was informed that the information was sent to DOB, although an exact date of when the materials were sent could not be provided.

    In addition, our office contacted the Attorney General’s Office to inquire if they would be able to investigate this matter. When I receive any information, I will contact you again. If you have any questions, please contact me at (718) 802-3777.

    Thank you for contacting the Brooklyn Borough President’s Office.
  • Ok, great for posting. How is brooklyn gold not able to give a date it was sent? This makes me worry that it wasn't actually sent. I really hope this is resolved soon...!
  • I just spoke with her on the phone as well. She said that it typically takes 1-4 days for DOB to review the file once everything is sent, although it can take a little longer for the TCO to actually get issued. So who knows if BKLYN Gold really did send everything.
  • Not knowing the date you sent the materials is really sketchy.
  • Has anyone else thought of writing Michaela an email saying we reported this to the Borough President's office? Maybe tell her if she was honest about the dates the materials we'd be less angry? I feel like we're hopeless in this.
  • To be fair, Michaela probably wouldn't know the dates--she's the leasing director, not the architect. That said, I don't see why she couldn't get the dates with one simple phone call.

    You could try that valerous. They certainly already know that Markowitz's office is looking into it. But maybe she'd be more straightforward with you if you mentioned it.
  • Can anyone pinpoint when they started saying that everything was in? There was something about a gas line being installed the week of Sept. 13, right? So it really has only been about 7-8 business days since they got everything in (if they're telling the truth)? Maybe DOB is just slow on this one. What concerns me, though, is that they seem to be projecting this uncertainty far into the future. If DOB is already late, shouldn't they be really confident that it will come this week or next week?
  • Does anyone have a contact at Avalon Fort Greene? If they were smart, they would make an offer to us - move in and we'll waive the deposit and match brooklyn gold's price. They'd get amazing press AND I would seriously consider it.
  • I have an email from Michaela stating that Con Ed should be done installing the line on Mon, Sept 13. I would say it was done that day or give a day or two for leeway.
  • I've been in touch with a reporter for a very large local (yet widely read) paper who has asked that I keep him updated as he may want to write a story about this. When you google brooklyn Gold this forum is the third link from the top - they are crazy not to mover faster in an attempt to keep this more contained. I would never recommend to anyone that they move to Brooklyn Gold after this experience. The least they can do is cover the cost of storage facilities and give the $500 gift card as they supposedly did before. Many people put down 3 month deposits in good faith, they should recognize that and offer to find ways to help us.

    I spoke VERY highly of Marty Markowitz's office to this reporter. Tanya and Marty deserve plenty of praise. I'll keep you updated.
  • I'm new to this board and am distressed to say the least since I signed a lease for BKLN GOLD last month and have an October move-in date. I registered an email coomplaint with Ms. Hill of the BP's office. I wonder if the list of items necessary for the TCO which was sent by the DOB to the developers is a public document. I also wonder if the response is a public record. It would seem that these two documents would go a long way towards showing where we all are in this process.
  • I'm another September lessee.

    What's most infuriating about this situation is that no compensation -whatsoever- is being offered to the building’s new and first tenants-to-be.

    The implications tied to the lack of compensation:

    1. We should bear the costs and expenses associated with the delays although we share 0% of the responsibility for the delays.

    2. Our frustration is of zero value.

    3. 257 Gold LLC does not care about its tenants.

    4. 257 Gold LLC does not care about its reputation.

    While 'homeless luxury apartment renters' isn't really a sympathetic story, and I understand that these things can happen, my resent over the fact that NOTHING is being done to attempt to pacify me is growing by the day.
  • Swimmer. I about to do the same. you want to check in off line?
  • :?: Has anyone consultd a real estate lawyer?
  • If anyone wants to try calling DOB directly about this, the phone number for the office that handles certificates of occupancy in Brooklyn is (718) 802-3680.
  • We waitin', I check the NY Real Property law and it says

    Sec. 223-a. Remedies of lessee when possession is not
    delivered. In the absence of an express provision to the contrary, there
    shall be implied in every lease of real property a condition that
    the lessor will deliver possession at the beginning of the term.
    In the event of breach of such implied condition the lessee shall
    have the right to rescind the lease and to recover the
    consideration paid. Such right shall not be deemed inconsistent
    with any right of action he may have to recover damages.

    The key language is "In the absence of an express provision to the contrary..." So the key is whether the rider (or any other provision in the lease) allows the landlord to delay delivery of the space.

    I understand we all signed a rider that "supposedly" says the landlord has 90 days to move us in. I have tried to get a copy of the lease and all documents signed but they have been stalling, all I got was a generic copy of the lease and it wasn't even signed.
  • I have the lease, I will copy the sections that are related:

    "6. IF YOU ARE UNABLE TO MOVE IN
    A situation could arise which might prevent Owner from letting You move into the Apartment on the beginning date set
    in this Lease. If this happens for reasons beyond Owner’s reasonable control, Owner will not be responsible for Your damages
    or expenses, and this Lease will remain in effect. However, in such case, this Lease will start on the date when You can move
    in, and the ending date in Article 2 will be changed to a date reflecting the full term of years set forth in Article 2. You will not
    have to pay rent until the move-in date Owner gives You by written notice, or the date You move in, whichever is earlier. If
    Owner does not give you notice that the move-in date is within 30 days after the beginning date of the term of this Lease as
    stated in Article 2, You may tell Owner in writing, that Owner has 15 additional days to let You move in, or else the Lease will
    end. If Owner does not allow You to move in within those additional 15 days, then the Lease is ended. Any money paid by You
    on account of this Lease will then be refunded promptly by Owner."

    and the rider reads:

    CONSTRUCTION RIDER
    This is an agreement between the Tenant(s) named above and Brooklyn Gold LLC as Landlord for the above
    referenced unit.
    We are offering this apartment on a future-ready basis. If, for any reason, the current construction work is
    not completed in the above referenced apartment by the commencement date of the lease, Tenant(s)
    agrees and acknowledges that the Landlord will modify the lease term to reflect a new start and ending
    date, The new start date will be commensurate with the first date the Landlord deems the apartment
    complete and available for move in purposes. Owner will give You notice (which for this purpose includes
    oral or electronic notice) of the date that You can move in.
    The Landlord, Managing Agent and all outside agents and parties shall be held harmless from any and all
    inconveniences, damages, costs and expenses incurred by Tenant(s) related to the above circumstances.
    However, in the event that any delay in the new start date of the lease exceeds ninety (90) days from the original
    commencement date of the lease, Tenant(s) may give Landlord thirty (30) days notice that Tenant(s) intends to
    cancel the lease and Tenant(s) shall be relieved and discharged from the lease.
    Tenant(s) are on a further notice that the apartment is located in a newly constructed multiple dwelling.
    Tenant(s) acknowledge(s) that the building including but not limited to the lobby, common areas, amenities, public
    hallways, roof deck and laundry facilities will require construction work to be completed. Therefore annoyances and
    inconveniences during the initial year of the lease term will exist due to construction. It is understood and agreed
    that plywood may line the elevator cabs and walls in the lobby. Carpeting and wall covering may not be placed in
    the hallway until the building is fully occupied. Tenant(s) further acknowledge(s) that there is on-going construction
    and that all facilities such as, but not limited to the roof deck and courtyard may not be available upon initial
    occupancy. All construction shall be performed with all requisite approvals and pursuant to all applicable statutes,
    codes, laws, and ordinances. Tenant(s) agree(s) that his/her/their reasonable expectation of the apartment and the
    building is that there will be construction work and workers in or about the premises, which will result in excessive
    noise, dust, annoyances, inconveniences and other problems associated with construction. Tenant(s)
    acknowledge(s) that these conditions may exist and that their acknowledgment is a material inducement for the
    Owner of the building to enter into this Lease, Tenant(s) agree(s) that it shall not make any claim against the
    Landlord as the rental provided herein reflects such annoyance. Tenant(s) acknowledges and agree that during the
    time the building is under construction Tenant(s) may not enter onto any floor other than the floor where the
    Tenant(s) resides, or where common area amenities are located once the common area amenities are made
    available for Tenant(s) use. Tenant(s) further understands, acknowledges and agrees that Tenant(s) is solely
    responsible for any injury, damage or loss that may occur to Tenant(s) or to Tenant(s) property as the result of
    Tenant(s) entering into any area of the Building other than as specified in this rider.
    Approved and Accepted:
    By: _______________________________________
    Brooklyn Gold LLC Date

    -------------
    I sent the lease (unsigned because I only have a blank copy) to a real estate lawyer to see if there is a way out or we are really held hostage.


    On a brighter note, I heard from Michaela today that they hope to have some news by the end of the day. 8) I had thought that they had to give us minimul of ten days notice of a delay (which I have not been given yet and my new move in date is the 1st). I can't find this printed in the lease so I will keep looking and update if I find it.

    Hang in there all & have a nice day.
  • Ok. Here's the REAL deal with 257 Gold. I just called the DOB. There is a stop work order on our building. This is because the owner of BKLYN Gold got a demolition permit in 2008 and never applied for a new building permit and put the building up anyway. Nothing can go forward until they file for that permit and get the work order rescinded and the owners have NOT filed anything. The DOB gets about 5 calls in regards to this a day.

    i'm taking this to the news. Who else is with me?
  • I also think that instead of flooding the leasing office at BK gold with our concerns, we should voice up directly to the owners. The leasing office refused to give out the owner's info but with Google by my side we were able to find:

    Lalezarian Developers, Inc.
    1999 Marcus Avenue # 310
    New Hyde Park, NY 11042-1020
    Phone: (516) 488-3000

    Apparently, Carolyn Oakes is handling 257 Gold, but "she won't be back in the office until Monday"
  • Wow, that's interesting valerious that is very disconcerning and the waiting will probably be delayed much longer. We Waitin, thank you for the lease, basically this is how I am reading it and let me know if this is how everyone else see's this. I have an Oct 1 move in so my thoughts are as follows.

    I would argue that based on clause #6, if the owner does not notify me that I can move in by Nov. 1, then I can notify the owner that if I am unable to move in by Nov. 15, then the lease is terminated. This would also apply for the Sept 1 move in's by which you can notify the management office on Oct 1, with possible termination of your lease by Oct 15 if you are unable to move in.

    The construction rider may not be applicable to our situation. It allows the landlord to delay the move-in date if

    "the current construction work is not completed in the above referenced apartment by the commencement date of the lease"

    Not having a CO is different from not completing the construction work in our apartment. If the construction work in our apartment has been completed but the landlord is being held up by a CO delay for other reasons, I would argue that the construction rider does not apply and clause 6 should hold control (in which case a 30-day delay period applies instead of 90 days).

    However, I'm afraid that the clauses will not not be much help to our immediate problem. I think this is a valid argument and at the very least we can claim our deposits back within 45 days of your lease commencement date. I will keep receipts of all expenses (moving, temporary housing, etc.) in case I need to make a claim against our landlord.
  • Valerous, the stop work order is on another building, not ours. That's the building you see when you do a BIS search for 257, but our building is under 235.

    Our building was originally 235 Gold Street but BKLYN Gold petitioned to have it changed to 257 Gold Street (probably because 277/257 sounds better than 277/235). That's why our building is under 235 Gold Street in BIS. If you just speak with a clerk at DOB and ask about 257 Gold Street without giving him the correct BIS #, he won't know that he should be looking at another building.

    To reassure you that this is true, the C/O requirements we've all been looking at are attached to a new building permit.

    If they are receiving 5 calls a day about this, you should call them back and tell them they are misinforming 5 callers a day. All the pressure we've been putting on them is useless if the people answering don't have any idea what's going on. And if they're looking at the filings for the 257 Gold Street BIN #, there's no CO filing, so there's nothing to expedite.
  • valerous wrote: Ok. Here's the REAL deal with 257 Gold. I just called the DOB. There is a stop work order on our building. This is because the owner of BKLYN Gold got a demolition permit in 2008 and never applied for a new building permit and put the building up anyway. Nothing can go forward until they file for that permit and get the work order rescinded and the owners have NOT filed anything. The DOB gets about 5 calls in regards to this a day.

    i'm taking this to the news. Who else is with me?

    Well, if this is true then is it good news! The lease only locks us into the 90 days IF it the delay is cause by means outside of the owners control.
  • OMG, this is so confusing.
  • We waitin' wrote: OMG, this is so confusing.
    It certainly is. But what the DOB told valerous isn't true, I'm nearly positive.
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