Residents displaced since Aug 1?

Sienna37 is an address with the city at its doorstep offering an unrivaled sense of openness and tranquility.

Move-ins delayed yet again from August 1 to August 15 to September 15 to now October. The most difficult part of this process is management giving us possible move-in dates, then continually pushing dates back day by day by day. It's impossible to coordinate your current living situation when you could possibly move any day. If you're looking at this building, BEWARE of management telling you want you want to hear, then rescinding the dates, leaving you stranded.

I know this is frustrating but unfortunately par for the course in major renovations or new buildings. You can track the developer's detailed signoff progress here:
http://a810-bisweb.nyc.gov/bisweb/BScanItemsRequiredServlet?requestid=18&rqidpriortoa=on&rqidpriortop=on&rqidpriortos=on&rqiditemstatus=open&rqidmultiline=first&allisn=0000536670&passjobnumber=104410727&allbin=1013618

And here:
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?jobsubmdate_month=01&jobsubmdate_date=01&jobsubmdate_year=2006&stcodekey=&passdocnumber=01&allbin=1013618&allboroughname=&allstrt=&allnumbhous=&allinquirytype=BXS1PRA3&requestid=16

Based on the large number of open items, I'd make an alternative living arrangement through January at least... just finishing all the paperwork, inspections and signoffs will take another few months.

Wow, thank you for your help, uptown_joe. They just informed me today the new move-in date is October 6. I can't believe there aren't laws protecting tenants from being tricked into signing leases based on unrealistic move-in dates, then delaying move-ins day after day, week after week, making it impossible for us to plan our living situation. When we press for exact information, like the progress you provided, uptown_joe, they send you to voicemail and ignore your emails. They already have my security deposit, first 1.5 months, and last month's rent—hopefully I won't have to take legal action for them to refund me in full.

Received an email from building management:
"The landlord stated they passed the overall building inspection and are just waiting for the City to come in for the boiler inspection, which should early next week. They believe move-ins will occur end of next week (around 24th), possibly early the following week (around 28th). They are going to try to open up both elevators for move ins to be as efficient as possible. We will have more information on Monday/Tuesday."

Is this a lie? Or is it possible the city hasn't updated the website for open items?
http://a810-bisweb.nyc.gov/bisweb/BScanItemsRequiredServlet?rqidpriortoa=on&rqidpriortop=on&rqiditemstatus=open&rqidpriortos=on&passjobnumber=104410727&allisn=&allbin=1013618&requestid=21

I just spoke with Gabby from the Department of Buildings.

That list that uptown_joe linked to is the up-to-date list of the requirements that will need to be met in order to open the building as a residential building. For now it is still considered commercial.

The building did not pass the inspection that was conducted last Thursday 9/17/2015, even though the building management wrote in an email that they did pass.

I asked her how many outstanding objections are for the building and she said there are currently nine. She also directed me to the Department of Buildings website to view the outstanding objections.

In addition, on 9/21/15 there was an application filed titled, Schedule B- Plumbing/Sprinkler/Standpipe, for work to be done on the sprinkler system of the building. On 9/23 application to install a new sprinkler system approved.

Please note, the work order and list of objections is in addition to the list of requirements.

At this point, it doesn't seem like the building will be ready for occupancy soon.

Gabby also indicated it's not the city that is giving the problems with the building. It is the building themselves.
Every time that the building put in an application for an inspection to be done, the inspectors have gone out to inspect, but the building is never ready for the inspection. This is contrary to the building asserting inspections have been pushed back due to the city.

At this point, there are no additional inspections scheduled.

Contacting me lawyer now. Any other residents reading this, please contact me at 321w37thst@gmail.com and let's work together to ensure what's due to us is paid by the owners.

Maybe we dodged a bullet on this one. The owners of the building, ELK Investors, has a track record: http://www.yellowpages.com/new-york-ny/mip/elk-investors-454835273

It's not like the old days, e.g. 1975 when 38 DoB inspectors were charged with corruption and this landlord was charged with bribery.

More out of curiosity than anything else -- what does your lease specifically say about occupancy/move-in dates and lease duration?

Here's the construction rider which contains a 45-day grace period after the lease start date (Aug 1, 15, and 31, depending on tenants).

CONSTRUCTION RIDER

This is an agreement between the Tenant(s) named above and 313 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 forty-five (45) 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) acknowledge(s) and agree(s) 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 understand(s), acknowledge(s) and agree(s) 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.

Although the building claims only the boiler inspection stands in the way of a TCO, all residents received this update yesterday:

As you know, we have been waiting for our signoff from the Plumbing Commissioner, so we can then seek the issuance of the TCO (which comes with the approval of the Borough Commissioner).

Certain paperwork needed from the plumber’s expediter was not filed until today. The good news is that the developer’s expediter now has a free hand to obtain the temporary plumbing signoff from the commissioner, without the involvement of the plumber’s expediter. Our expediter is pursuing this first thing tomorrow morning.

With that said, we expect to be in front of the Borough Commissioner (to seek the TCO) on Friday or Monday. We still expect to receive the TCO prior to our outside date of 10/15.

As you can see we are dealing with the vagaries of a day here or a day there. The exact day that we pull through cannot be said with certainty just yet. The aforementioned news is as precise as we can get. We will provide further updates as soon as we can and look forward to sharing the ultimate good news we are all waiting for.

wow , this is incredible , will there be an investigation into this ? will there be lawsuits ? will there be bloodshed ? ? ? ? ?

I've just heard word that they are scheduling move-ins for this Thursday (Oct 15), but when I look on the link mentioned earlier, no certificate of occupancy has been posted yet. Just a delay or should I be concerned?

Keep us up to date on this very tragic situation