Buildings commish backs off order for Q-train neighbors to inspect subway walls

November 11, 2019 Reuven Blau, THE CITY

Homeowners in Brooklyn got a letter from the Department of Buildings saying they were responsible for this retaining wall along the tracks. Photo by Ben Fractenberg/THE CITY

‘Impracticable and unsafe’

The couple and many of their neighbors had complained that the “commissioner’s order” issued by La Rocca defied reason because New York City Transit had long ago asserted the century-old walls are its responsibility.

After inquiries from THE CITY, MTA officials agreed, asking La Rocca Friday to rescind the notices, noting that New York City Transit already routinely inspects the walls along busy and dangerous tracks.

“While we appreciate the city’s vigilance, our view is that inspection and maintenance of the retaining walls along those Brooklyn subway lines is the responsibility of the New York City Transit Authority, not of the adjacent homeowners,” wrote David Farber, New York City Transit’s acting general counsel, cc’ing Byford.

“Having private engineers and contractors inspecting and repairing the retaining walls would be impracticable and unsafe,” Farber continued. “Also, it would be highly inadvisable to rely on homeowners for inspection and maintenance of retaining walls that are essential to the operation of the transit system.”

Previously, an MTA spokesperson had told THE CITY that it was unclear who had control over the Brighton Line trench walls and that agency lawyers were reviewing property records.

That review found that the City of New York had assumed responsibility from the railroad’s builders to inspect and maintain the retaining walls, Farber added. Those obligations then transferred to the MTA, he wrote, under the general agreement turning over city property for use in the subway system.

“Thank you for clarifying the ownership and responsibility of the retaining walls in question,” La Rocca responded to Byford — also asking him to inform the Department of Buildings about any other New York City Transit retaining walls abutting private property.

Last week, a Buildings Department spokesperson had told THE CITY that all homeowners must submit an inspection report, except where they provide evidence that the MTA had assumed responsibility for their property. Under a 2008 city law, owners of retaining walls facing so called public rights of way must submit a report every five years or face a series of escalating fines that could reach into the thousands.

Bilofsky said some neighbors already spent money trying to fight the violation notice.

“This is not an instance of ‘No harm, no foul,’” she said. “Some people went as far as retaining counsel already. The DOB spent a lot of money sending out letters.”

This story was originally published by THE CITY, an independent, nonprofit news organization dedicated to hard-hitting reporting that serves the people of New York.