Q:   "I'm searching for an apartment but I've heard about issues pertaining to apartment space division by illegal wall construction. What are the hazards and how to avoid such cases?"
-Kate

A:    In this newsletter we highlight the persistent fire hazard of using temporary walls for illegal apartment conversions — a common problem in a city where rents are high and space is always in demand. At times, apartment owners are inclined to maximize their profitability by using unfair means like dividing the apartment space by constructing illegal walls. This is not only unlawful but can also create life-threatening death traps. The following story depicts a major incidence that took place in Jan 2005.

The Bronx Apartment Tragedy

This is the story of a Bronx apartment which was illegally divided into extra rooms for the sake of making a buck in this cramped city. The firefighters were trapped in what amounted to a burning maze. With flames licking at their bodies and black smoke making it nearly impossible to see, the men had little choice but to jump from a fourth-floor window. Two were killed and four others were hurt in the January 2005 fire.

"Next thing you know, that I remember, is hitting the ground 40 feet below," firefighter Jeffrey Cool testified in court. "I was in a world of hurt. I was in the worst pain I've ever found myself in."

The owners of the building - current and former, and two tenants were tried on manslaughter and other charges, accused of allowing illegal construction that prosecutors say turned the building into a deathtrap. They all pleaded not guilty.

Across the city, such makeshift warrens can be found in neighborhoods popular with college students, recent graduates on their first jobs and immigrants. A lock is often slapped on the extra rooms so they can be rented for extra money.

Some facts

• Frank Ricci of the Rent Stabilization Association, which represents 25,000 property owners in the city says -- "Owners complain to me that every door of every bedroom has a padlock on it, making it tremendously difficult for them to gain access to their apartments."
• Legally, to build such walls, a permit is needed from the city's Department of Buildings. If any electrical wiring is installed, an electrical permit is also needed. And the agency recommends working with an architect.
• "Illegal walls can put tenants and first responders' lives in danger. Owners and tenants must obtain a permit to safely install a wall," said agency spokeswoman Kate Lindquist, whose department gets thousands of complaints annually related to illegal conversions.
• Apartment owners often plead ignorance, saying they have little control over tenants because they rarely see what goes on within the apartments. But renters say owners are just as guilty.

Another Incidence
In one example, tenants at Peter Cooper Village and Stuyvesant Town, a massive rent-regulated complex in Manhattan, complained to city fire and buildings officials about owner Tishman Speyer Properties advertising "convertible" apartments.

The firm purchased the complex in 2006 for a record $5.4 billion, setting off fears among tenants and some public officials that it was hoping to make a profit by seeking to charge market rates for the rent-stabilized apartments.

Jim Roth of the tenants association said he remembered the deadly fire in the Bronx when the association filed the complaint. "I thought, can they do this? The answer was no, not without a permit," he said.

City officials told the company it couldn't advertise apartments with the suggestion that it was OK to add so-called pressurized walls, and that permits were needed for any changes. Since then, Tishman Speyer has obtained permits, and it declined to comment further.

Some Actions
In the last six weeks of the year '06, the city vacated at least four buildings in Chinatown because of building and fire safety violations, mostly because the floors were divided into single-room units that had blocked sprinklers and exits and little or no ventilation.

As a result, many of the tenants, mostly immigrants from China, were displaced, though some were relocated by the city. Both owners and tenants are pointing fingers, each claiming the other was responsible for the illegal construction.

Tips

• Always use caution


• When searching for an apartment, always investigate and ask the apartment owners specific questions pertaining to illegal wall construction.


• When in doubt, consult the building management and local residents association.


• Do not use substances that are a fire hazard. In case, at specific times, you have to use them, read all the instructions about their usage and disposal carefully.

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