BCN Development’s Craig Nassi, the sponsor of a two-story development at 135 Carlton Avenue in Brooklyn, did structural work without hiring an engineer or filing plans with the Department of Buildings, according to a complaint filed by New York Attorney General Letitia James.
The work resulted in structural issues that required residents to evacuate the building, after which the attorney general’s office opened an investigation.
During the investigation, Nassi — and his architect — allegedly lied under oath about having hired a structural engineer for the project.
Problems with the building’s foundation were discovered in 2020 by people working on two neighboring properties, 133 and 137 Carlton Avenue, according to the lawsuit.
Demolition work in August by a city contractor at 133 Carlton Avenue revealed that “a large portion” of the foundation at 135 Carlton Avenue lacked “adequate structural support,” according to the AG’s office.
Later that month, the Department of Buildings issued emergency work orders relating to the foundational issues and ordered residents to evacuate the building. The condo board, of which Nassi relinquished control in 2019, arranged and financed the needed repairs in the building, the AG stated.
Several months later, construction on the other side of 135 Carlton Avenue revealed that part of its foundation rested atop the foundation of 137 Carlton. According to the AG, this put 135 Carlton at risk of falling if 137 Carlton were to be demolished.
The attorney general alleges that Nassi filed architectural plans with the Department of Buildings, indicating that the developer had drawings for planned structural work, but never filed them.
Nassi also claimed to have hired Albanna Engineers as a structural engineer on the project, but an investigation by the AG revealed that Nassi actually hired a different engineer who was later dismissed, according to the complaint.
Zaki Albanna, of Albanna Engineers, testified under oath that he had no role related to foundational work at the building.
“After unit owners discovered deficiencies and alerted Defendants, Defendants continued their charade and ongoing fraud by refusing to take responsibility for their actions and fabricating stories about purported engineers who allegedly designed the Building’s foundation,” the complaint reads.
The three condo units sold for between $1.4 million and $1.8 million.
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The attorney general’s office is requesting that Nassi be permanently barred from real estate development and finance, and that he return any unlawfully earned profits and repay the condo board for the necessary repairs.
Nassi’s office did not return a request for comment.