'Noise And Dust' Have Made This UWS Building Unlivable, Tenants Say

UPPER WEST SIDE, NY — Construction in an Upper West Side building has made it unlivable for residents preparing to rally against their landlord, but the building owners say they're making vital improvements as best they can.

The Tenants Alliance of Glenn Gardens plan to take action against A&E Real Estate Holding, the owner of 175 W. 87th St., with an Aug. 14 protest to demand immediate fixes and the return of lost amenities, the group announced.

The conflict revolves around the 32-story, 248 apartment high rise on the corner of Amsterdam that includes 77 residents enrolled in Section 8 housing.

"Noise, dust, and toxic fumes are not just a constant annoyance, but a serious threat to our physical and mental health," the Tenants Alliance wrote in a letter set to A&E Real Estate Holdings and obtained by Patch.

"High volume, ear-piercing, constant noise for hours a day takes a toll on anyone who tries to work, sleep, or simply live in their apartments during the day."

Outside of complaints about overall noise and lost amenities such as balcony use, playground access, street plazas, and a fitness room, tenants also say residents with respiratory ailments or long-term chronic issues are at particularly high risk.

Other problems mentioned include residents suffering from Alzheimer's who can be confused by construction crews, and then noise issues again for families with infants and young children, those who work from home, and problems for pets who are also in danger from the alleged dust.

The work that A&E is doing within the building is multi-faceted, including the construction of a new glass panel facade, a demolition phase to enlarge exterior window openings that was completed on Aug. 5, the installation of the new windows which began last week, and then work expected to take place later this year to replace interior-side walls and windows within individual apartments.

The real estate company did say that tenants could choose not to have the interior work done.

An A&E senior property manager denied tenants claims and said the company takes "tremendous pride" in maintaining its buildings.

"The work underway at 175 West 87th will improve every single resident's apartment with bigger windows with more light and air, along with major improvements to all common areas and amenities," manager Louis Cutri said. "Construction is never an easy process, and we've worked hard to minimize noise and disruption."

In its response letter to the Tenant's Association, A&E Real Estate Holding also denied that recent construction at the building made it uninhabitable, noting they use "the quietest tools available."

"We take these concerns seriously and appreciate you taking an interest in the ongoing projects and community of the building," A&E wrote. "We would like to emphasize that we truly believe that all current and future projects will provide a great benefit to all residents of the property."

But tenants of the building point out their concerns are not about future projects but current conditions.

The tenants want to see the most recent asbestos report from the Environmental Protection department and reimbursement for the expense of trying to block out the noise and dust, the letter shows.

The building hasn't had an asbestos complaint since June 2019, before A&E bought the building, according to city records. The records also show that all six of the asbestos complaints made at the time were dismissed by the city.

The building was constructed after lead paint was banned in New York City in 1960.

A&E denied any reference to toxic fumes within the building in its letter to tenants, added all readings by the EPA and DEP have come back "clean," and said they'd welcome the chance to meet with tenants.

"We will continue to work with all residents and would welcome the opportunity to meet with the leaders of the tenant association at any time to discuss any and all concerns they have about the process," Cutri told Patch.

The real estate company told Patch that an EPA inspection on March 7, 2022, found no issues within the building.

While the city hasn't handed down any violations over asbestos, the building has received four recent violations from the city agency OATH for alleged construction violations.

A&E is contesting all four of them, the first three of which were failure to post the tenant protection plan in the building, failure to post the construction bill of rights in the building, and failure to include certain construction steps within the tenant protection plan, according to city records.

The fourth violation relates to a workplace accident in May 2022, when a worker's finger was injured. The violation is for failing to report the accident, but the A&E spokesperson told Patch the manager at the time did call 311 the same day to report it, and there is documentation of the call.

The push to see the asbestos report isn't the only complaint, though — the tenants have 10 demands that include free living accommodations, reimbursement for pet daycare, and a 30 percent rent abatement.

The Tenants Alliance of Glenn Gardens' 10 Demands

1. Due to concerns over dust, "toxic fumes," and asbestos, tenants are demanding to see the most recent asbestos assessment report approved by the Department of Environmental Protection.
2. Reimbursement for tenant's dust and noise mitigation-related expenses.
3. To see the mockup for the entire new wall and window installation work within the building.
4. Free-of-charge living accommodations for tenants comparable to their current apartment for the duration of the window and wall work.
5. Help from the building's maintenance crew with moving during that process.
6. Reimbursement to pet owners for the cost of daycare for their pets that have been evacuated because of construction work.
7. Free-market tenants within the building to be allowed to terminate their leases without penalty.
8. A 30 percent rent abatement for all tenants from the date of the renovation work beginning until it's completed.
9. The replacement of kitchen cabinets, appliances, and bathroom equipment for all those in free market apartments.
10. A permanent community room to replace the community room that was allegedly leased to a private organization.

In its response, A&E said the demands would be judged on a case-by-case basis — not with broad stroke reimbursements.

The company's spokesperson did say that residents would have the option to relocate at no cost during the roughly two weeks that it will take for the construction to happen within affected apartments.

The company did not specify where tenants would be relocated.

A&E bought the building in 2018 and started working on it in September 2019 after a 2002 buy-out converted it to a hybrid model with three different lease types: Landlord Assistant Program, Section 8, and Market Rate.

The construction within the building will complete the following projects, according to A&E.

• Modernized and expanded gym
• Upgraded first floor lobby
• Updated laundry
• New tenant storage
• Updated and enlarged bike room, with revenues that support the Tenant Association
• Renovated courtyard and play area
• Renovated hallways and common areas

The real estate company noted "staff has assisted residents during the ongoing work and will continue to do so."