The above documents were included with the offering. They all swear it is true and accurate and that it should be relied on.
ORIGINAL COMPLAINT REGARDING ENGINEERS REPORT IN THE 66 W 138TH STREET CONDOMINIUM PLAN: UPDATED SINCE THIS.
Please click the link to view the exhibits that correspond.
Oscar P. Walters / Demerara Engineering PLLC Certified an Engineer/Architect Report allegedly based on “visual inspection” of the premises at 66 W. 138th Street, New York, NY 10037. For the 66 West 138 Condominium Plan CD16-341 which was submitted to the NYS Attorney General Department of Law Real Estate Finance Division and distributed including to residents, potential purchasers.
The report is an integral part of a Condominium Conversion Plan
This report was relied upon by other professionals certifying statements within the Plan
The Plan, with this report is used to determine conversion of Affordable Housing
This report is relied upon by real estate brokers, insurers, potential buyers and their lenders.
This complaint, alleges to the best of my knowledge and belief, the licensees named were grossly negligent and did not actually visually inspect the property to inspect; did not review building and property records/violations, charges, work orders, etc. did not review previous permits, did not even review a virtual map, prior to certifying a premise report, under penalty of perjury, as true and correct. As such, “licensees” submitted to the Plan, and for the decision making process of many, a misleading report containing untrue statements, deceptive remarks and omissions.
– 66 West 138 Condominium Plan CD16-341/Engineer-Architect Report
The Following is Exampled from Engineering /Architect (“Licensee”) report
in the order they are presented in report and, Regarding the parts of premises Engineer certified to have visually inspected
Plan Part II – Page AR-3 (f)(3)
– Licensee report states: “There are no trees at the premises”
-Trees can be seen from the street & on Google maps!
EXHIBIT B – Photos, trees in rear & side
[update, they cut down tree in the backyard once complaint was submitted to the AG]
Plan Part II – Page AR-3 (f)(5)
– Engineer states, “There are no gates at the premises”
– fact missing from report: there is a gate in rear
Note: no gate in rear would not comply to code/ fire hazard.
EXHIBIT C – photos gate along the back steel fence,
Plan Part II – Page AR- 3 (e)
– “Visual inspection –of the cellar –of exterior – no evidence of cracking”
– This engineer could not have truly made a visual inspection of the premises
Seen from the street: Large crack near cellar door on sidewalk,
cracks near building steps
Seen from open cellar door: Hole near and cracks on cellar steps
EXHIBIT D – photos
(Note photos are at the time when the Engineer would have made/ submitted this report, since then steps were gutted/redone brick and without permit)
Plan Part II – Page AR-3 (g) (1)
– Report states, Building Size – height: “approximate size 62’ 1 1/2”
– DOB of Building and NYC Zoning claim 54”
EXHIBIT E – See websites for DOB
Plan Part II – Page AR-4 (h) (1) (i)
– Licensees re: Structural system, Exterior, Walls
“All exterior walls, including facade and courts are constructed of brick”
– The side of building very visible from street/open to parking lot next door has clay/cement over brick.
EXHIBIT F – photos, check any virtual map
Plan Part II – Page AR-4 (h) (1) (ii)
EXHIBIT G – See photo of windows
Plan Part II – Page AR-5 (7) (ii) (iii)
– Licensee states: re: Skylight “There are no skylights”
– There is a skylight -which leaks, there were/are numerous HPD violations for skylight
EXHIBIT H – photos of skylight and HPD violations
Plan Part II – Page AR-6 (8) (ii)
– Licensee states, “The Fire Escape Serves the Second through Fifth Floor”
– Licensee failed to report that there is a REAR Fire Escape which serves the First through Fifth floor.
[note: The property is NOT level, it grades in the back.]
Cellar – which Licensee report claims was visually inspected – leads to rear yard/first level in the rear.
Plan Part II – Page AR-6 (8) (iv)
– Licensee states: Fire Escapes – “firmly attached and supported…”
See photos of Rear Fire Escapes which are rusted, loose; and have/d open violations/charges from HPD.
EXHIBIT I – photos
Plan Part II – Page AR-6 (9)
– Licensee states there are, “Three Courtyards”
The rear does have a yard.
The side “courtyards” are air shaft, and/or alcove.
Note: There are trees in the “courtyards”
EXHIBIT J – photos
Plan Part II – Page AR-6/7 (10) (iv)
– re: Stair Construction- stringers
– Licensee OMITTED
The marble stringers are cracked
EXHIBIT K – photos
Plan Part II – Page AR-6/7 (10) (v)
– re: Stair Construction- Treads
– Licensee OMITTED
The marble & tile treads are cracked and missing some tile
EXHIBIT L – photos
Plan Part II – Page AR-7/8 (i) ((2) (iv)
– re: Garbage “Storage Location”
– The storage closet is NOT a recycling storage room
-the storage closet clearly has no handle, no bin inside it
– an actual visual inspection of the property, inside and outside, would have shown at that time 9/2016 [and thru 12/2017] the building has no cans or bins anywhere on the premises.
Trash accumulates in and around the property. Sponsor does not recycle.
Recently Numerous Sanitation Summons including
0197358545 / 0197 392 790
Numerous HPD violations regarding no cans/bins, then and current.
EXHIBIT M – photos and HPD violations
Plan Part II – Page AR-8/9 (j) (6)
– Licensee re: Permits – all required permits will be retained
– a search of DOB shows no permits for much work -including that which the Licensee describes.
– past and current permit for building issued to “non registered general contractors”- with tracking number – no license or training or background check. Permits for cosmetic work, the apartments were/are gutted.
EXHIBIT N – photos, DOB permit list
Plan Part II – Page AR-9 (k) (3) (4)
-Licensee states “Boiler manufactured by Well McLain Model #588, 24 years old. Burners manufactured by Beckett #CG25-25…”
DOB 2016 boiler inspection shows Federal boiler, with Defects
EXHIBIT O – DOB and ECB Boiler records/inspections
Plan Part II – Page AR-9 (k) (5)
– Licensee states, “there is one digital timer serving the building.”
There was no working digital timer at the building at the time of this report
One was added recently and after the plan was submitted
EXHIBIT P – photographs
Plan Part II – Page AR-10 (o) (4) AND (iii)
– Licensee re: Electrical System: Unit Service the electrical system is adequate for a full complement of modern appliances
Condominium Sponsors own monthly rent invoices warn tenants of overload
At least one unit has cloth wiring in the ceiling for fixtures
Some units do not have grounded outlets
Appliance outlets are not provided in most at least 10 units
EXHIBIT Q – rent invoice last year & this year
Plan Part II – Page AR-13
– Licensee states, re: Lead Paint “There is no known Lead Paint”
– At the time of report there were 29 Lead Paint Violations, and lead paint repair issue in DHCR Reduction ORDER served on plan sponsor – DOCKET # DT 410240 S. There has been no remediation of lead at premises.
Other Licensee Omissions:
Common area, wall – bulging with large easily visible crack, hole
Common areas visibly un-level floors, un-level walls-shown by graded sizes of brick up wall. There is also missing and/or cracked tile and un-level ceiling – light fixtures are visibly not level
Floors in some units are visibly not level, not all unit floors are hardwood,
The building has an open finding and DHCR Order/reduction to correct un-level floors, DHCR DOCKET # DT 410240 S
Blatant AND concealed water leaks – violations on record for many apartments and visible in common area – video available
At the time of Engineer/Architect / Licensees certifying their report the building had 29 Lead Paint violations.
No remediation has/is been done.
“Courtyard” has missing bricks, one wall missing brick and some mortar
More example available on request
EXHIBIT S – photos
The residents, real estate professionals, lawyers, accountants, the Attorney General Department of Law, lending partners, potential buyers and their
banks have, do, were, and are, relying on these Licensees certified
The gross negligence, incompetence exhibited by this Engineer/ Architect/Company/Licensees, Oscar P. Waters/Demerara Engineering PLLC who did not truly evaluate – or perform a visual inspection of the Premises, or its review premise records is egregious.