City Island Reserve LLC Withheld Critical Environmental Information Related to the Homes, Exposing Unsuspecting New Yorkers to Unnecessary Financial Risk
Attorney General Letitia James today announced a settlement with City Island Reserve LLC and its principal Curtis A. Pollock based on their failure to disclose two consent orders, deed restrictions, and other regulations restricting the use of property at the On the Sound Condominium on City Island in the Bronx, New York. Under the terms of the settlement, the developer will pay $105,000 in restitution to the board of the On the Sound Condominium.
“No developer should ever get away with deceiving homeowners,” said Attorney General Letitia James. “Failing to disclose the legal restrictions on someone’s home is not only unlawful, but can have long-term financial impacts on New Yorkers. My office will continue to take on developers or landlords who try to harm New York residents.”
The On the Sound Condominium is a forty-three unit residential condominium on Island Point Road on City Island in the Bronx, New York. The developer failed to disclose a range of facts about legal restrictions on the use of land in the condominium, including that:
- Portions of the condominium are designated as “Tidal Wetlands” under New York’s Tidal Wetlands Act, which imposes certain environmental regulations on the use of the land;
- The developer had entered into two consent orders with the New York State Department of Environmental Conservation (DEC) for violations of various environmental regulations during construction of the On the Sound Condominium;
- The developer recorded a restrictive declaration on every unit in the condominium, which, among other things, prohibits unit owners from using herbicides or fungicides and which requires the homeowners to obtain permission from DEC before making any changes to the condominium’s layout or landscaping.
Developers are legally required to submit all relevant information regarding property regulations and restrictions in advance of selling any units or property. When such information is withheld from homeowners, they could face significant and unnecessary fines.
