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Naftali Files Plans for UWS Project as Holdout Tenant Digs In

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Adam Lightman Bailey, Y. David Schaff, Miki Naphtali, 215 West 84th Street (Adam Lightman Bailey, Morrison Cohen, Getty)

A Holdout tenantThe Naphtali Group did not stop last week applying for a permit to build 45 luxury units on the Upper West Side.

The filing shows plans for a 16-story multipurpose building on 215 West 84th Street. But now Mike Naphtali’s company has another problem. A strong holdout lawyer is working to pull developers into an anti-harassment program that can stall the project for some time.

Even if lawyer Adam Leitman Bailey’s tactics are protracted, it can improve his leverage and elicit a significant buyout for his wreathless client, Ahmet Oz.

Applying for a permit does not mean that Naphtali is close to expelling Oz. Tenants continue to own penthouse apartments, preventing the demolition of the building and the construction of a 155,000-square-foot replacement. Naphtali has not yet submitted a plan to offer a condominium that is expected to be located on the grounds between Amsterdam Avenue and Broadway.

Bailey said Naphtali’s investigation into Oz’s harassment could prevent the company from developing the site for several years. Naphtali was the first lawyer to say, “Certificate without harassment.. “

Under the program, prompted by 2018 allegations against Kushner Properties When Expansion According to the city last year, deprived buildings and buildings that endanger the health and safety of tenants require the city’s building bureau to obtain a non-harassing certificate to approve the demolition.

Once the certificate is submitted, the Department of Housing Conservation and Development analyzes the history of property tenant harassment dating back five years. When the building is clean, the developer is a good building.

However, if HPD digs into the history of harassment, proceedings can be filed in the secretariat of administrative trials and hearings. If the city judge agrees that the evidence indicates harassment, the agency may refuse the certificate. This will prevent building owners from obtaining a building permit for at least three years.

It is unknown how often a harassment-free certificate is needed. Bailey’s claim that the city is considering including real estate in the program could not be independently verified.

According to Coalition Against Tenant Harassment, the group that promoted the expansion of the law, any building with at least six units (such as Naftali) that the court has determined to have been harassed is eligible.

Naftali has filed two proceedings against Ozsu. A $ 25 million lawsuit seeking damages due to delays and a peasant eviction lawsuit.

The counterclaim filed by Naphtali in a $ 25 million proceeding has resulted in Oz being “feared”, surrendering his home and punishing him for filing an emergency rental aid application.

Earlier this month, a state judge postponed the proceedings until a housing court ruling on Oz’s ownership.

In an eviction proceeding, Oz claims that Naphtali installed a noisy air filter outside the tenant’s door, making Oz able to live and work peacefully from early April.

Bailey’s company notes that only Oz’s floor is equipped with a filter, claiming that the developers “intentionally harassed, harassed, and installed it for retaliation.” [Ozsu] For refusing to relinquish ownership of his apartment or accepting an acquisition. “

The Leftover The housing court will probably pull out a peasant eviction proceeding for several months. The landlord’s lawyer states that the court is still working on the pre-pandemic proceedings.

The tenant, whose lease has expired, declined the first $ 30,000 offer to leave his free market unit. New York Times.. Ozsu is looking for a 7-digit payment, the developer claims in a legal filing.

Naphtali has not commented on the possibility of participating in an anti-harassment program.
Y. David Scharf of Morrison Cohen, a lawyer at Naftali, said in a statement: “We believe in the court system and regulatory process that proves the rights of developers.”

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