Chelsea Tenants Plagued With Lead Dust Above Limits, Reports Show

CHELSEA, NY — High levels of toxic lead dust have struck another apartment building in Manhattan, advocates and tenants say.

Tenants at 336 W. 17th St. between Eighth and Ninth avenues in Chelsea were exposed to lead-filled construction dust throughout the hallways and stairs during renovation work in the building, according to Department of Health and Mental Hygiene reports and advocates.

DOH reports released by Cooper Square Committee show that lead was up to about eight times the federal limits set by the Environmental Protection Agency in one sample. The DOH told Patch that eight samples of lead dust were found to be above EPA standards at the end of March.

"When the construction started, there was no surprise," said Calder Singer, an artist who's been living in the building more than three years.

"The amount of backwardness is unreal," said Singer, who also raised concerns about clouds of lead dust in a dumpster in front of the building, which is across from a school. "There's so much miscommunication and no communication."

Records show Michael Besen of the Besen Group bought the building in August 2016, which is managed by Besen's New York City Management — the company tasked with operating notorious landlord Steve Croman's portfolio of buildings under an agreement with state attorney general.

In early February, a tenant safety inspection uncovered work in two apartments was done without proper permits, dust was strewn throughout the building, the owner was not complying with the tenant protection plan, and fire stopping had been stripped from the walls of several apartments, according to a Department of Buildings spokesman. Currently, per DOB, there is a partial stop work order in place, and the only work permitted is replacing the fire stopping sealant, which prevents fire from spreading between apartments.

Dust samples taken for DOH March 26 showed high lead levels several weeks after that February DOB inspection.

A portion of a ceiling collapsed early March in one of the units too, DOB said — though it is unclear what caused it.

"Not only is it absolutely imperative that all landlords take measures to prevent excessive dust levels due to construction in their buildings, it's the law," City Council Speaker Corey Johnson said in a statement. "The health and safety of tenants must never come second to profits."

Laws to protect tenants from lead exposure are on the books — such as Local Law 1 of 2004. This year, City Council passed a package of legislation requiring lead inspections under more circumstances, among other safeguards.

"Aggressive landlords understand the threats that come with these disruptive renovations and often ignore the safe work practices in an attempt to potentially push out the remaining rent regulated tenants from the buildings," Liam Reilly, a housing organizer with Cooper Square said, referencing a pattern of similar issues in the city in aging buildings with lead-based paint.

Attorney Stacie Feldman of Kossoff, PLLC provided a statement to Patch on behalf of the building's landlord saying that the renovations and improvements are for "the mutual benefit" of the owner and residents.

The statement notes the highest reading of lead was on the staircase leading to the roof, which the landlord said was "unused" — though lead levels above the federal limit were also found in seven other places.

The landlord was not aware of "dust clouds" coming from a debris dumpster outside and said the issue regarding a ceiling collapse was not the landlord's or the contractor's fault.

The statement also claims all work in apartments was done according to DOB permits, despite the department issuing a violation for that in February.

"The Owner has been, and continues to be, committed to being compliant with all relevant construction policies and protocols, as well as to being attentive and responsive to Building residents during the renovation process," the statement reads.

Most recently, a DOH spokesman said a violation for dust was issued April 10, though four DOB inspections last month found no violations.

Singer said the ongoing construction issues in his building make him feel a sense of "hopelessness."

"On a material level, first of all, there's toxic dust in my place," he said. "The underlying feeling [is] that, no matter what, you're not going to get a response from management."

"That's a despicable way to have a relationship with your landlord," he said. But, "it's nothing new. It's such an old, old story in New York City."

For the landlord's full statement, see below:

The Owner of the building has been renovating/improving the Building for the mutual benefit of the Owner and the Building’s residents.

Throughout this process the Owner has been implementing proper work practices and protocols to ensure tenant safety and comfort. These practices have included minimizing dust resulting from renovation work by, among other things, utilizing plastic zipper enclosures and cleaning all floors and staircases at least two times daily and, in particular, at the end of each work day.

Despite the Owner’s best efforts some dust accumulated, undisturbed, on an unused staircase leading from the 5th floor to the roof, resulting in elevated lead dust level readings. The staircase in question, together with all other floors and staircases throughout the Building, were cleaned immediately upon Owner being alerted to this condition. The Owner is not aware of any “dust clouds” being caused by the use of the dumpster but did immediately have the dumpster tarped the same day it was advised of this assertion.

There was no ceiling collapse caused by the renovation. There was a ceiling condition caused by an individual unrelated, in any way, to the Owner, the Contractor, or the renovation work being performed, which condition was repaired as soon as the Owner was provided access by the tenant to perform the work. All work performed in individual apartments was done pursuant to DOB permits.

The Owner has been, and continues to be, committed to being compliant with all relevant construction policies and protocols, as well as to being attentive and responsive to Building residents during the renovation process.