NEW YORK NEWSDAY

MANHATTAN CLOSEUP

Landlord Ordered to Fix Gutted Building

By Jessie Mangaliman

The landlord of a Chinatown apartment building that burned in a February fire displacing residents, many of whom are elderly Chinese, must rehabilitate the apartments and ensure the return of his tenants, a Manhattan Housing Court judge ruled recently.

The ruling, which concluded a three-day trial, was claimed as a victory by the Asian Americans for Equality, a Chinatown non-profit housing group that lobbied for the tenants of 218 Grand Street.

"The mere fact that a building is damaged by fire, does not, in itself, provide an excuse to permanently kick out the tenants," Bruce Feffer, the attorney who represented the tenants and AAFE, said Wednesday. "This case stands for the principle that a landlord should not find profit in the misery and hardship of his tenants."

Landlord Wing Chong Wong had used the defense of "economic infeasibility," claiming that he could not afford to rehabilitate the building. He had estimated the cost at $2 million.

But AAFE estimated it would cost $460,000 to make the building livable again for its tenants.

The residents of the seven-story tenement building near the corner of Elizabeth St., were displaced Feb. 19 after an electrical fire. Some were relocated to the Latham Hotel on East 28th St. Others Stayed with relatives and friends.

The loss of the apartments for the residents posed a special hardship in this instance because many of the tenants are elderly immigrants from China who do not speak English and know only the neighborhood of Chinatown, said Lydia Tom, director of neighborhood preservation for AAFE.

"We're really happy about this court decision because for the past few months we've been faced with a lot of hardships," said Kwongt King Chan, who is the tenant's representative. "A lot of us are still doubled up with friends and relatives."

But it was token consolation for Sal Guiga, whose mother, Catherine - who is 83 and suffering from cancer - lived in the tenement. Anna Marie Maniscalco's mother, Theresa, 80, was also displaced by the fire.

"My mother has got to start all over again!" said Sal Guiga, who was asking whether his mother would be compensated for the damage.

Feffer said a pending civil suit, filed in July in state Supreme Court in Manhattan, seeks damages from Wong.

Judge Robert Lippman, in a ruling signed Sept. 25, directed the Department of Housing Preservation and Development to issue an order directing Wong to make the repairs.

"We're very pleased with the outcome," said Catie Marshall, HPD spokeswoman.

HPD is now preparing a schedule of repairs, Marshall said. The order will be submitted to the judge within a month.

Andrew Margolin, Wong's attorney, deferred comment on Lippman's ruling until there is an official court order. "It's a matter of procedure," he said, "but I'll wait until I see the court order."

Feffer said the tenement building is insured for $800,000 and Wong's insurance company has offered a $420,000 settlement, but Wong has not accepted.

New York Newsday
Friday, Oct. 6, 1989