Amid a legal battle with their landlord, tenants of an apartment building were thrown a curveball when their Bedford Park home they’re fighting to stay in went up in flames.
The fire at 267 East 202nd St. injured ten people and killed a family dog. FDNY initially said the cause of the fire was electrical, with a tenant’s air conditioner to blame. The home was left vulnerable, as no fire alarms were functioning. The fire marshal’s office is now conducting an investigation.
News of the fire, resulting in the building deemed unlivable, complicates a bitter lawsuit filed by tenants who attempted to get repairs made at their home. A pro bono attorney representing the tenants, Andrew Darcy, told the Norwood News it’s “unclear what happens now.”
It’s timing has also led community leaders to consider a variety of ways this fire began, including the possibility it may have been set intentionally.
“We think the circumstances of having such an ugly tenant-landlord dispute, and now this fire, really warrant a thorough, thorough investigation,” said Councilman Andrew Cohen at a news conference a day after the fire.
The building’s owner is Peter Fine, a major real estate owner who purchased the property early this year with plans to build a 12-story apartment building on an empty portion of the property. His proposal caused uproar in the community, as many saw his idea as further congesting the narrow neighborhood. It also inspired a petition that blamed the neighborhood’s existing zoning laws for making high-rise construction in the neighborhood easy.
Fine effectively inherited the building’s problems (it currently has 169 open violations filed through the New York City Department of Housing Preservation and Development) that happened under Genesis Realty, the previous owner and management company. Early this year, the management company sent eviction notices on Fine’s behalf demanding tenants to leave within 30 days. Tenants suspected the evictions were part of an elaborate scheme to force tenants out so developers can bulldoze the building, increase the lot space, and allow for a higher building. With the building now vacant, the possibility of it being completely razed to make way for a taller structure opens.
An injunction on the eviction was ordered while the case played out in Housing Court.
“They were told if they weren’t out by August that they get nothing and they would lose their apartments,” said John Reilly, a neighbor that’s part of a coalition of residents fighting on behalf of the tenants. “And now here it is in August, and they lost their apartments in a tragic and suspicious way.”
Through a spokesman, Fine said “Our main concern, really our only concern are the people impacted by the fire and making sure they get help if they need it.” His spokesman did not say whether Fine plans to rebuild.
The fire happened at 2 a.m. on Thursday, with flames tearing through the second floor. It woke up tenants and neighbors in the sleepy part of Bedford Park. One resident had escaped by leaping from his second floor, landing on a car twelve feet from his apartment and suffering injuries.
Six other residents were injured, while three firefighters sustained injuries.
Though the cause of the fire is still under investigation, published reports say the FDNY blamed a faulty air conditioner for causing the fire.
“Even in the most generous scenario, this fire is indisputably gross negligence,” said Cohen. “I want to make sure there’s no foul play here.”
In a response, Fine’s spokesman sent a statement on the suggestion the fire was intentional:
“We understand that this is a traumatic event for these families, and we understand that emotion can get the better of people in these circumstances. However, the facts are clear: We purchased this building just a few months ago, and had recently begun repairs to correct the many problems we inherited there. It’s also clear, according to the preliminary report from the FDNY, that the fire was started by a faulty air conditioner and potentially the fact that a person living in the building was charging dozens of lithium batteries just below the window where the fire started. Our first response was to make sure these families had help if they needed it. From there, we have taken all our cues from the Fire Marshall, who told us the building is not safe to enter. We are waiting on the Department of Buildings to do its own review, as is the normal protocol in this situation.While we want and welcome a final determination of the fire’s origin by FDNY, any implication of foul play is outrageous, reckless and not supported by any facts. And all you have to do is talk to the Fire Marshall to understand that, which hopefully the council member will do before making any other comments.”
Additional reporting and video by Miriam Quinones.
“…get help if they need it…” How about a safe, decent, affordable place to live? Peter Fine has scores (thousands?) of units of housing all over the place. And he has a lot of money. You’d think a clever guy like that would know what burnt-out homeless folks need.
Lois Harr
Bedford Park
My family was amongst those who lost their home in the fire yesterday. The man who was forced to jump out of his window to escape the fire is our cousin. Prayers and support to all families who were affected in this tragedy. Any donations big or small are appreciated: https://www.gofundme.com/2je4v77u