WEDNESDAY, NOVEMBER 16, 2005

D.A. BROWN: QUEENS LANDLORD CHARGED WITH RECKLESS ENDANGERMENT AFTER SEARCH WARRANT UNCOVERS BUILDING ILLEGALLY CONVERTED INTO SINGLE ROOM OCCUPANCY HOTEL
Part of Government Initiative Against Illegal Occupancy

Queens District Attorney Richard A. Brown, joined by New York City Department of Investigation Commissioner Rose Gill Hearn and New York City Buildings Commissioner Patricia J. Lancaster, announced today that an Astoria man has been charged with endangering the lives of more than a dozen people living in an unlawfully converted family-owned dwelling following the execution of a search warrant at the Astoria building as part of a cooperative government effort to crackdown on illegal housing in Queens County.

The District Attorney noted that twelve residents were vacated from the illegally occupied premises as a result of the dangerous situation that had been created – including but not limited to a lack of adequate exits, an inoperable fire escape, illegal wiring, no required sprinklers, and no smoke or carbon monoxide detectors.

District Attorney Brown said, “It is alleged that up to 17 families were living at the Astoria address at one time and paying rents of up to $300 a month per individual. Such illegal housing puts a strain on local city services such as parking, transportation, waste disposal and schools. But most importantly, such conversions jeopardize the lives of not only the building’s residents but firefighters and other personnel who in responding to an emergency are confronted by a maze of rooms with no way out. Working with the NYPD, the Department of Buildings and the Department of Investigation, I will utilize the prosecutorial and investigative resources of my office to vigorously prosecute those who profit from such illegal housing.”

Department of Investigation Commissioner Gill Hearn said, “This was an excellent joint initiative of prosecutors, investigators and inspectors to ensure that New Yorkers are protected from illegally subdivided dwellings. Landlords who illegally subdivide properties in an effort to jam as many people as possible under one roof and, thus, collect even more rent are not only greedy but are possibly endangering lives if, for example, emergency exits are blocked or improperly installed stoves have gas leaks. These illegal subdivisions may also endanger the lives of police officers and fire fighters who may be called upon to respond to fires or other emergencies in these types of dwellings.”

Commissioner Patricia J. Lancaster, FAIA, expressed her appreciation for the efforts of Queens District Attorney Richard A. Brown, the New York City Police Department, and the Department of Investigation and Department of Buildings staff in their pursuit of a flagrant offender of the City’s housing and building laws. She said, “This arrest is a milestone in the City's fight against illegal conversions. Far too often, illegal housing is not just substandard, it is unsafe. Anyone who even thinks about doing this should consider today's arrest a warning - not only do you face the possibility of hearings and fines, there is also prospect of jail time. Creating unsafe SRO's is simply unconscionable.”

The District Attorney identified the defendant as Cesar Robles, 37, of 32-15 48th Street in Astoria, Queens, whose family has owned the building for the last ten years. The building is presently titled in his sister’s name. He was arraigned last night on a charge of Reckless Endangerment in the First Degree before Queens Criminal Court Judge Gene Lopez who set bail at $7,500 and a return date of December 15, 2005. If convicted, he faces up to seven years in prison.

Building Department records indicate that the 48th Street address at which the defendant Robles resides is registered as a six-family household. This registration allows for two families to reside on each of the three main floors and the basement to be used for storage. Since May 2003, the Buildings Department has inspected the premises on four separate occasions and found numerous violations – such as that the basement had been converted into a living space, complete with a makeshift bathroom and kitchen, that one of the first-floor apartments had been illegally subdivided into four single-room occupancies, and that the second and third floors had been partitioned into three single-room occupancies. Numerous violations, totaling more than $40,000 in judgments, have been issued to members of the Robles family. A review of Building Department records indicate that none of the judgments have been paid.

According to the criminal complaint, Robles endangered the lives of approximately 20 people inside the building when he admitted that he illegally connected a propane tank to an oven with a hose in one of the third-floor apartments. Propane tanks are extremely volatile and should be used or stored outside only. Robles allegedly admitted that he installed the propane tank inside the apartment because Con Ed had shut off the gas to the apartment due to a gas leak.

The investigation was conducted by Detectives Fred Caravousanos, Dominic DiGennaro, David Gilbert and Richard Lucifero of the District Attorney’s NYPD Detective Squad, under the supervision of Captain John Zanfardino and the overall supervision of Chief of Detectives George F. Brown; Detective Robert Kelly of the District Attorney’s Detective Bureau under the supervision of Lawrence J. Festa, Chief, and Albert D. Velardi, Deputy Chief; 114th Precinct Police Officers under the supervision of Deputy Inspector Brian McCarthy; Supervising Investigator James McElligott, Investigative Inspectors Edward Curtis and Jerry Wiggins of the New York City Department of Buildings under the supervision of Assistant Chief Inspector Bernard Kirk and the overall supervision of Dennis T. Curran, Special Inspector General for the Department of Investigation.

Assistant District Attorney Andrew H. Kaufman of the District Attorney’s Special Proceedings Bureau is prosecuting the case under the supervision of Assistant District Attorney Anthony M. Communiello, Bureau Chief, and Oscar W. Ruiz, Deputy Chief, and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigations Linda M. Cantoni.

It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.