December 18, 2019

Melanie E. La Rocca Commissioner Department of Buildings 280 Broadway New York, NY 10007

Re: 200 Amsterdam Avenue

Dear Commissioner La Rocca:

We write to request that the Department of Buildings (DOB) refrain from issuing any temporary or permanent Certificate of Occupancy for the 55-story supertall tower located at 200 Amsterdam Avenue until after a decision is rendered in the pending lawsuit before Justice W.Franc Perry of the New York County Supreme Court (157273/2019), which relates to the legality of the structure of the building itself.

The developer of 200 Amsterdam is vigorously advertising the availability of units in the building with the certainty, it seems, that the pending lawsuit will be determined in its favor. We believe their confidence is misplaced. Justice Perry has previously ruled that the gerrymandered zoning lot on which 200 Amsterdam is constructed cannot be justified as “unsubdivided” under the Zoning Resolution. Nor is it legitimately formed because it is made up of partial tax lots. We are concerned that the issuance of a Certificate of Occupancy and tenanting of the premises will be used by the developer to argue against appropriate relief, even after a ruling against it.

The size and height of this particular building, the potential irreparable harm to the neighborhood, the financial harm to prospective buyers, and the loss of predictability of the Zoning Resolution are all at issue in the development at 200 Amsterdam. This case is also critical for preventing a dangerous citywide precedent which would allow out-of-context supertall development predicated upon the combination of both partial and full tax lots. In light of the importance of these issues, we urge DOB to delay issuance of any temporary or permanent Certificate of Occupancy until they have been finally determined by the courts.

Sincerely,

Gale A. Brewer Borough President

Helen Rosenthal Member, , District 6

Linda Rosenthal Member, New York State Assembly, District 67

Richard Gottfried Member, New York State Assembly, District 75

Brad Hoylman Member, New York State Senate, District 27