The building lies within the of the Preservation Area of the Clinton Special District (CSD) and requires that the Department of Housing Preservation and Development (HPD) be notified if a building changes its number of dwelling units, its occupancy or its number of floors. The owner/developer, Joe G & Sons LLC, failed to disclose any impacts the construction would have on existing tenants and to notify the full scope of work to HPD.

Once construction began, opaque netting shrouded the building making it difficult to see the work behind. It was later revealed that the existing tenement had discreetly (and illegally) been demolished with its front façade, rear wall and all its wood joists removed. The move outraged locals and elected officials since partial and full demolitions are illegal within the Preservation Area unless the building is structurally unsound or a special permit from the City Planning Commission is granted. The special district was put in place to prevent the displacement of long-time residents and to preserve the scale and affordability of the area.

In response to an “epidemic” of illegal demolitions, last summer a strongly-worded letter from elected officials was sent to the NYC Department of Buildings (DOB) calling for the agency to do a better job enforcing Landmarks and special district laws. According to an article from Manhattan Express News, during a community board meeting some called for a moratorium on demolition permits until the problem has been addressed and Manhattan Borough President, Gale Brewer, suggested that a database of up-to-date landmarked and protected places in all the boroughs needs to be created.