The ComNet Project that the FCBID undertook last year to document all infrastructure issues in the district concluded in May 2003. Along with three NYU graduate student interns, the FCBID partnered with the Fund for the City of New York, which provided hand held computers, access to their mainframe and advice and guidance for the duration of the project. The Fund has rated the FCBID’s ComNet program one of the best it has seen in project coordination and results. The principal achievements to date include:

• All infrastructure issues, such as cracked sidewalks, roadway potholes, damaged street furniture, graffiti conditions, etc., were cataloged;

• An inventory of traffic and parking signs was completed for use in the FCBID’s new signage program;

• Inventories of news boxes, public telephones and lampposts were conducted for other BID and City agency projects;

• Missing caps on 60 fire hydrants were replaced, and 14 clogged sewer drains were cleaned by DEP;

• Several broken subway gratings were repaired by NYCTA;

• The majority of broken fire alarm boxes were repaired by the FDNY;

• All reported instances of graffiti and illegal stickers on street furniture were removed by the FCBID maintenance team.

The most prevalent problematic conditions concern cracked sidewalks and roadways. NYCDOT will attempt to address the most egregious conditions. However, due to the large number of similar issues City-wide, NYCDOT will not be able to correct all such conditions. With regard to sidewalks, the FCBID continues to communicate with property owners and encourage them to make necessary repairs, as sidewalks are the responsibility of the property owners.

Going forward, the FCBID will continue to update its database of infrastructure issues and will work with appropriate City agencies and property owners to correct problems as they arise.

The expiration of the state law that regulated vending by disabled veterans led to an increase in the number of vendors on the already congested district sidewalks during the past year. The FCBID continued to be involved in meetings and discussions with the Mayor’s Midtown Citizens Committee and other BIDs in an effort to convince the Legislature to adopt a bill that would solve the street vendor problem.

In early March, the State Legislature passed new street vending legislation that was signed by the governor. The new law had the immediate effect of dispersing vendors who had been occupying a lot of sidewalk space on Seventh Avenue. However, the law does provide for more licenses to be granted to disabled veterans who are permitted to vend on the side streets in Midtown. Furthermore, whenever a disabled vendor sets up shop, his very presence opens up the blockface to first amendment vendors, as has been the case in the past. The FCBID will continue to seek strict enforcement of the vending laws and to monitor conditions on district sidewalks. infrastructure & quality of life

Property owners are liable for incidents caused by cracked or defective sidewalks!

The New York City sidewalk liability law has changed significantly, affecting all Fashion District property owners! As of September 14, 2003, New York City is no longer liable for sidewalk accidents adjacent to commercial real estate or apartment buildings in any of the five boroughs. Instead, liability now rests solely with the owners whose properties are adjacent to defective sidewalks where any accidents take place.

The new Administrative Code 7-210(b) requires that owners maintain their sidewalks in “reasonably safe condition.” Violation of this obligation includes “but is not limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk.” Under the new law, owners are not only liable for injuries arising out of their “special use” of the sidewalk, or for sidewalk defects they have created themselves, but also for injuries arising out of any dangerous condition on a sidewalk of which they have actual or constructive notice before the accident.

The new law also requires property owners to maintain general liability insurance for accidents on their adjoining sidewalks involving bodily injury, including death, and property damage.

The new law makes it IMPERATIVE that commercial real estate and apartment owners diligently monitor and maintain their sidewalks and properly remediate all dangerous conditions both in the sidewalks (unleveled sidewalks, cracks, broken concrete, etc.) as well as on the sidewalks (snow, ice, etc.).

The FCBID urges all property owners to make necessary repairs to their sidewalks!

The proliferation of adult DVD stores is of great concern to the FCBID.

The Fashion District has experienced a sudden growth in the number of DVD stores selling adult content, causing great concern among area property owners and tenants. Due to a loophole in the City’s Adult Use Zoning law, a business may maintain up to as much as 40% of its inventory as adult material without being subject to the adult use restrictions. Though the DVD establishments in the Fashion District are legal, their adult material window displays and signage detract from the appearance of the neighborhood and negatively impact neighborhood rental and vacancy rates.

In response to many complaints it has received, the FCBID hosted several meetings to discuss ways to discourage these uses from locating in the Fashion District. The owners of properties with DVD stores and their neighbors were invited to attend. It was determined that the most effective method for dealing with this problem is for property owners to agree not to rent to these types of uses and to refuse to renew leases for existing adult DVD stores. To date, there has not been any cooperation, though the FCBID continues to seek solutions through a dialogue with these property and business owners.

Since Adult Use Zoning has been a controversial and often little understood topic, the FCBID prepared a report on the subject that examines this issue and the City’s Adult Use Zoning laws. This report was distributed to City officials with the hope that it will prompt City Hall to find a remedy for the unintended consequences of its adult zoning policies. This report and issue were also discussed with Community Boards 4 and 5. Both Boards subsequently sent letters to the mayor requesting that the City more closely examine this issue and enforce all correct regulations.

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