BUFFALO, N.Y. Maggie Sperrazza wakes up every morning to the hum and growl of construction outside her Buffalo apartment building, but it doesnt bother her a bit.

Its about time! the 86-year-old said as she zipped on a scooter near the foot of Main Street, where construction cranes loom over hard-hat zones. Weve been in the hole long enough.

From her vantage point, Sperrazza has been witness to a building boom unseen in Buffalo in more than 50 years, with more than $4.4 billion in public and private development announced since 2012.

Mayor Byron Brown and other city leaders say theyve shifted away from elusive silver bullet fixes for a stagnant economy toward more doable projects that together create momentum.

Much of the development is concentrated in the citys 120-acre hospital and research corridor, which is expected to add nearly 5,000 employees over the next four years.

A site that once housed Republic Steel will be transformed into a clean energy manufacturing complex anchored by Elon Musks SolarCity, which this past week announced plans for one of the worlds largest solar panel production plants with as many as 1,000 employees within two years.

Instead of the home run, why dont we get a couple singles? You get two singles, you have somebody in scoring position, and thats the whole attitude, said Robert Gioia, chairman of the Erie Canal Harbor Development Corp., which has been coordinating waterfront improvements.

After decades of losses that have cut the population to 259,000, Brown predicts the 2020 census will show the first population gains for the city since the 1950s, helped by an influx of immigrants and refugees.

That, along with a $1 billion pledge by Gov. Andrew Cuomo intended to leverage additional investment, has brought new optimism complete with its own buzzword, Buffalove.

Buffalos challenges remain: Its 30 percent poverty rate places it among the nations poorest cities, and its school system graduates just 54 percent of its students. Abandoned homes and storefronts blight poor neighborhoods, while the citys tallest building, the 38-story One Seneca Tower, stands 94 percent vacant downtown after the pullout of two of its largest tenants last year.

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Building boom comes to long-suffering Buffalo, NY

Question: My apartment building is about 10 feet from a small, nine-unit complex. That building's homeowners association undertook reconstruction work involving significant re-landscaping, iron railing repairs, brick masonry, patios and common walkways. All this work faces our building's front doors.

I had incorrectly reasoned the homeowners association would be a considerate neighbor during this time. But when I returned home, I noticed six large trees had been removed and my kitchen and living room were covered with a thick layer of dirt, dust and wood debris that had been pushed through window sills and under my apartment door, covering my floors, rugs and walls.

I wrote to the homeowners association president and politely requested that she provide 24-hours notice of any further exterior renovation so I could take precautions. I also asked when the work would be completed. She apologized, then referred me to the homeowners association manager, who said they ran into unforeseen circumstances that created small but unavoidable impacts. He then said that not only could he not tell me when the work would be completed but that he didn't owe me any further response.

On a daily basis, I continue to suffer from mounds of dirt, dust and wood debris stuck to my sliding doors and windows and lodged throughout my unit and on my personal belongings. This is a time-consuming mess to clean up every day and has also exacerbated my allergies. Since the president and manager are dismissive of my concerns and requests for good neighborliness, what recourse do I have?

Answer: It may not be neighborly, but depending on your local ordinances this manager may be correct that no notice is required. But being potentially correct about a notice requirement won't prevent the homeowners association from being part of a lawsuit and subject to damages.

It may also be possible that notice was given to your landlord or the owner of your building but not to you directly. Most construction cannot be performed without the appropriate city permits. With a little bit of time spent at City Hall, you might find information related to the extent of the homeowners association's reconstruction plans.

Regardless of issues pertaining to notice and dissemination of scheduling information, the association cannot damage your property. It must take reasonable steps to reduce the effect of its construction and repairs on your unit. The intrusion of dirt, dust and debris is a nuisance and/or interference with the quiet enjoyment of your residence and may also constitute a physical trespass onto your property.

Even where the effects of construction are not invading your property, an action for a private nuisance may allow you to recover for the inconvenience and interference you have suffered. You should be diligent in recording and documenting your damages, which include time and money spent cleaning or taking time off work for illness or doctor appointments as well as other physical ailments or lack of sleep you may suffer. Keep the manager and association updated with your growing damages and repeatedly demand, in writing (return-receipt requested), compensation for the same. You may want to copy your landlord on that correspondence and request the landlord's assistance with your efforts.

Depending on the extent and urgency of the damages, you may also consider pursuing claims in civil or Small Claims Court for the association's failure to take adequate precautions with regard to its construction project. Clearly, the association has a duty to act reasonably with respect to its construction efforts and refrain from negligently taking actions, or from failing to take reasonable actions, that result in damage to you and your property.

Although Small Claims Court may be an expedient option for you to recover a monetary award, a restraining order or injunction in civil court may be necessary to preserve your health and quiet enjoyment.

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Debris from reconstruction work creates mess in neighboring building

Dispute: The Meriton building site at Moore Park. Photo: James Brickwood

One of Australias largest developers has spent six months building a series of inner Sydney apartment towers it is accused of not having full approval to build.

Meriton and the City of Sydney are now facing off in a courtroom, after the council sought an urgent injunction when it claimed the company refused to stop work.

The NSW Land and Environment Court will decide next week whether to force more than 300 workers to down tools at the Waterloo site, where billionaire Harry Triguboff is building 355 apartments across five towers soaring up to 25 storeys high.

Council said the serious and significant breach was uncovered during inspections by its staff about two weeks ago.

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Excavation work, construction of basement car parking and building work up to 10 storeys on a number of buildings has been completed without the necessary approvals being obtained, a spokesman said. The City will not tolerate developers who fail to respect these requirements.

The property giant was granted development consent for the project last year, as well as approval for some preliminary work, but not the construction certificate that is required before building could actually begin.

According to affidavits read out at Fridays hearing, it was the sites senior project manager, Shener Dursun, who failed to lock in this disputed approval.

The court was told Mr Dursun attempted to resolve the problem without telling anyone at the company for fear of losing his job.

View original post here:
Six months building with 'no approval'

Dispute: The Meriton building site at Moore Park. Photo: James Brickwood

One of Australias largest developers has spent six months building a series of inner Sydney apartment towers it is accused of not having full approval to build.

Meriton and the City of Sydney are now facing off in a courtroom, after the council sought an urgent injunction when it claimed the company refused to stop work.

The NSW Land and Environment Court will decide next week whether to force more than 300 workers to down tools at the Waterloo site, where billionaire Harry Triguboff is building 355 apartments across five towers soaring up to 25 storeys high.

Council said the serious and significant breach was uncovered during inspections by its staff about two weeks ago.

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Excavation work, construction of basement car parking and building work up to 10 storeys on a number of buildings has been completed without the necessary approvals being obtained, a spokesman said. The City will not tolerate developers who fail to respect these requirements.

The property giant was granted development consent for the project last year, as well as approval for some preliminary work, but not the construction certificate that is required before building could actually begin.

According to affidavits read out at Fridays hearing, it was the sites senior project manager, Shener Dursun, who failed to lock in this disputed approval.

The court was told Mr Dursun attempted to resolve the problem without telling anyone at the company for fear of losing his job.

Read the original post:
Billionaire in Sydney building pickle

Dispute: The Meriton building site at Moore Park. Photo: James Brickwood

One of Australias largest developers has spent six months building a series of inner Sydney apartment towers it is accused of not having full approval to build.

Meriton and the City of Sydney are now facing off in a courtroom, after the council sought an urgent injunction when it claimed the company refused to stop work.

The NSW Land and Environment Court will decide next week whether to force more than 300 workers to down tools at the Waterloo site, where billionaire Harry Triguboff is building 355 apartments across five towers soaring up to 25 storeys high.

Council said the serious and significant breach was uncovered during inspections by its staff about two weeks ago.

Advertisement

Excavation work, construction of basement car parking and building work up to 10 storeys on a number of buildings has been completed without the necessary approvals being obtained, a spokesman said. The City will not tolerate developers who fail to respect these requirements.

The property giant was granted development consent for the project last year, as well as approval for some preliminary work, but not the construction certificate that is required before building could actually begin.

According to affidavits read out at Fridays hearing, it was the sites senior project manager, Shener Dursun, who failed to lock in this disputed approval.

The court was told Mr Dursun attempted to resolve the problem without telling anyone at the company for fear of losing his job.

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Billionaire in apartment pickle

It is especially a surprise to investors, who pulled out of multifamily real estate investment trusts (REITs) last year, as all eyes focused on surging home sales. The S&P index of residential REITs is now up nearly 14 percent from a year ago and up nearly 20 percent year-to-date. Some of the top performers in the sector: Preferred Apartment Communities, Essex and AvalonBay. Weakening affordability in the homebuying market is clearly favoring rentals.

"The rent-buy math remains generally favorable for our Apartment coverage universe," wrote researchers at Deutsche Bank in a recent report. "Though pending supply remains a concern for certain apartment markets in 2014 and 2015, recent revenue growth trends were better-than-expected suggesting that strong demand, buoyed by improving rent-buy dynamics, is helping to offset increases in supply."

About 180,000 new apartment units have become available throughout the U.S. in the past 12 months, according to Axiometrics. Still, growth in rental prices in May was the strongest it's been in 16 months, at 3.5 percent.

Read More Housing starts surge, yes, but mostly for apartments

"The year-to-date effective rent growth numbers portray an apartment market that may be having its strongest year since the Great Recession ended," said Jay Denton, vice president of research at Axiometrics.

Despite the slow recovery in home sales, several factors still fall in favor of renting. Younger Americans are faced with weaker employment, high levels of student debt and general lack of confidence in housing as an investment, at least in the short term.

"We see a number of strong long-term driving forces increasing the rental population and creating demand. Employment rates for millennials draw closer to the national average; the housing recovery is gaining traction, which will push home prices higher; and shorter job tenures create a need for housing mobility," notes Kevin Finkel, an executive vice president with Philadelphia-based Resource Real Estate, an investment firm.

"On the supply side, increasing building material costs will put pressure on the construction of new properties. If interest rates start to trend with economic recovery, added borrowing costs will also inhibit new construction."

Strength in the rental market is fueling a flood of new apps and websites. Swapt, deemed by its creators as the Yelp of apartment rentals, will likely launch out of beta this month. It combines property listings with reviews from renters in a rental search system. It comes on the heels of start-ups like RadPad, PadMapper, HotPads, Apartment Finder, Comfy Rentals and Lovely.

All aim to simplify the rental process, giving landlords and tenants easier access to listings and offering the ability to pay monthly rent on a mobile device.

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Apartments fill as rental demand surges

It is especially a surprise to investors, who pulled out of multifamily real estate investment trusts (REITs) last year, as all eyes focused on surging home sales. The S&P index of residential REITs is now up nearly 14 percent from a year ago and up nearly 20 percent year-to-date. Some of the top performers in the sector: Preferred Apartment Communities, Essex and AvalonBay. Weakening affordability in the homebuying market is clearly favoring rentals.

"The rent-buy math remains generally favorable for our Apartment coverage universe," wrote researchers at Deutsche Bank in a recent report. "Though pending supply remains a concern for certain apartment markets in 2014 and 2015, recent revenue growth trends were better-than-expected suggesting that strong demand, buoyed by improving rent-buy dynamics, is helping to offset increases in supply."

About 180,000 new apartment units have become available throughout the U.S. in the past 12 months, according to Axiometrics. Still, growth in rental prices in May was the strongest it's been in 16 months, at 3.5 percent.

Read More Housing starts surge, yes, but mostly for apartments

"The year-to-date effective rent growth numbers portray an apartment market that may be having its strongest year since the Great Recession ended," said Jay Denton, vice president of research at Axiometrics.

Despite the slow recovery in home sales, several factors still fall in favor of renting. Younger Americans are faced with weaker employment, high levels of student debt and general lack of confidence in housing as an investment, at least in the short term.

"We see a number of strong long-term driving forces increasing the rental population and creating demand. Employment rates for millennials draw closer to the national average; the housing recovery is gaining traction, which will push home prices higher; and shorter job tenures create a need for housing mobility," notes Kevin Finkel, an executive vice president with Philadelphia-based Resource Real Estate, an investment firm.

"On the supply side, increasing building material costs will put pressure on the construction of new properties. If interest rates start to trend with economic recovery, added borrowing costs will also inhibit new construction."

Strength in the rental market is fueling a flood of new apps and websites. Swapt, deemed by its creators as the Yelp of apartment rentals, will likely launch out of beta this month. It combines property listings with reviews from renters in a rental search system. It comes on the heels of start-ups like RadPad, PadMapper, HotPads, Apartment Finder, Comfy Rentals and Lovely.

All aim to simplify the rental process, giving landlords and tenants easier access to listings and offering the ability to pay monthly rent on a mobile device.

See the original post here:
Apartments fill as rental demand keeps on surging

Originally published June 20, 2014 at 6:02 AM | Page modified June 20, 2014 at 9:55 PM

Fire destroyed an apartment building with about 90 units that was under construction in Vancouver.

The fire broke out about 3:30 a.m. Friday and went to two-alarms as it brought the four-story structure to the ground.

Fire Marshal Heidi Scarpelli told KOIN (http://bit.ly/1w2JApM ) flames forced firefighters to take a "defensive approach," pouring on water from outside.

Natural gas helped fuel the flames until a utility crew shut off the line.

There are no reported injuries.

Scarpelli says investigators looking for the cause of the fire will likely bring in a dog trained to detect any accelerants. She also says investigators may ask for assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Witnesses told KATU (http://bit.ly/1lb1zHl ) they heard an explosion and saw the sky turned orange.

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Fire destroys Vancouver apartment building project

FORT COLLINS, Colo. - A former Occupy Fort Collins protester convicted of burning down an upscale apartment building under construction must pay $7.5 million in restitution.

The Coloradoan reports that 37-year-old Benjamin Gilmore and prosecutors reached the restitution agreement before a Thursday court hearing. The money will go to victims and owners of both Mason Street Flats and nearby Penny Flats, which was already occupied at the time of the October 2011 fire.

It caused more than $10 million in damage.

Gilmore, a beekeeper, was sentenced in December to eight years in prison for criminal mischief and 6 years for burglary -- sentences to be served concurrently.

Gilmore has maintained his innocence. He claims that a transient man set the fire.

"I believe the truth will prevail and we will see justice some day -- maybe not in this court, but maybe in the court of appeals," Gilmore said at his sentencing in December.

The Gilmore case attracted national attention because he supported demonstrations at an Occupy Wall Street encampment a block away from where the fire was started. Occupy activists were protesting against economic inequality and government policies favoring the wealthy.

The 2011 fire caused an estimated $10 million damage to a four-story apartment complex that was under construction and the occupied Penny Flats condominium and retail building next door.

Gilmore's first trial ended in a hung jury in September 2012.

But a second jury convicted him of arson, burglary and criminal mischief.

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Arsonist agrees to $7.5M in restitution

A four-story apartment building that was under construction in Vancouver was gutted by an early-morning fire Friday that will likely take another 12 to 24 hours to burn out, said Vancouver Fire Marshal Heidi Scarpelli.

Once it cools down, she said, investigators will be able to get around the site to examine what might have sparked the two-alarm fire at the complex, at Southeast Tech Center Drive and Redwood Circle.

"It is a total loss," she said.

It is too early to say whether the circumstances are suspicious, she said.

The fire spread quickly through the wood-frame construction complex, which had drywall up in only a small area, she said.

About 40 firefighters from Vancouver and Camas responded to the fire, she said, which was reported around 3:15 a.m. Natural gas helped fuel the flames until a utility crew shut off the line.

No one was injured.

Investigators plan to review video footage from surveillance cameras around the site, she said.

Witnesses told KATU they heard an explosion and saw the sky turned orange.

-- Staff and wire reports

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Vancouver apartment building under construction a 'total loss' after early-morning fire