Developers Want to Convert Unused Offices into Housing

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Developers want to convert unused offices into housing— here’s what’s stopping them

By Lois Weiss

It’s a problem with an obvious solution. Since there are not enough cheap apartments at the same time many city offices remain empty, it would make sense to convert those fi distressed office towers into housing. But it’s not so simple.

Conversion projects are hugely complex, expensive, time-consuming and are stymied by bot city and state zoning and regulations. And without gobs of government assistance, the number don’t equate to cheap rentals.

Just look at Slate’s now underway conversion of the Hilton New York JFK Airport. Although the area was not conducive to pricey condos or market rents, thanks to a new program with financial and tax breaks, it will have 100% affordable housing with support services, said Ariel Aufgang, AIA, principal of Aufgang Architects, who designed the conversion. Without that government assistance, the Hilton would have sat empty.

At December’s announcement, Mayor Eric Adams said: “Advancing this plan to turn a vacant hotel into more than 300 new, affordable homes is a sign that we can think outside of the box and take advantage of the opportunities in front of us.”

But thinking is just not enough. Gov. Kathy Hochul has proposed both tax incentives and large buildings in some nabes. Similarly, Mayor Adams wants to allow offices built before 1990 convert and permit interspersed living and working. But Albany and City Council legislators must agree and have the changes blessed through the city’s Uniform Land Use Review Process (ULURP) that could take nearly a year.

The Real Estate Board of New York must also settle with unions on higher construction salaries.

“The city could change some requirements instantly, but they will say it will take six to nine months,” said Jay Neveloff, head of real estate at the law firm Kramer Levin.

Other issues include snaking water pipes and waste lines from those clustered at the core of office buildings. “If your building is wide open and empty, there is a clear path,” explain SIMS & ASSOCIATES, INC. Gerard Nocera of Revolution Real Estate. “But if you have tenants with long-term leases, to reworks your core with existing tenants is an impossibility.”

Lenders must also approve the change of use as it is contrary to mortgage documents.

For now, most conversions are expected to take place in slender and vacant old buildings and those with tenants just on the lower floors.

Those most well-suited are prewar, Class C proper8es, explained Woody Heller of Branton Realty, as they have narrow floors or bases with towers stacked like wedding cakes with smaller floors on top.

Meanwhile, full- and half-block buildings, even topped by a tower — such as 750 Third Ave. — become complex architectural puzzles. “We’re teed up to convert the building to residen8al but need tax support,” said owner SL Green’s Steve Durels. “We have to make structural changes and have a design in the can. It would add hundreds of apartments.”

The city’s most an8cipated conversion is of the famed Fla8ron Building at 175 Fifth. After its small, triangular floors failed to attract office tenants, it’s now slated for a luxury residential conversion led by Daniel Brodsky, Jeff Gural and the Sorgente Group.

The largest underway is by Gural’s company, GFP Real Estate, along with conversion powerhouse Nathan Berman’s MetroLoft Management, who, with architects CetraRuddy, are transforming the 1.1 million-square-foot 25 Water St. with new windows, ameni8es, atriums and glass floors on top.

GFP is also buying 222 Broadway for $150 million for yet another office-to-resi transforma8on while MetroLoft is planning a residen8al redo at Pfizer’s former headquarters at 219 E. 42nd St. at Second Avenue.

Downtown, architect Robert Fuller of Gensler, who worked on Vanbarton Group’s 180 and 160 Water St., said, “The biggest challenge was the deep floorplates.” At 160 Water, now known as Peal House, long-empty shajs were cut ver8cally through the building and five new floors were added on top.

Vanbarton bought that building in 2014 for $160 million — roughly $333 per foot — and could afford the costs while targe8ng just under market rate rents.

“We have a spectacular basis and have been able to do this conversion incredibly efficiently and therefore we are passing along the benefits to the consumers and the demand [for apartments] reflects that,” said Richard Coles of Vanbarton.

Not every developer is so lucky, as some office sellers want what converters say are “unrealis8c” prices.Other buildings expected to take the conversion plunge include 185 Varick St. and 95 Madison Ave.

At 250 Park Ave., on the market through Newmark, lease clauses allow tenants to be booted. Nevertheless, it may simply be torn down and redeveloped to match its neighboring and gigantic new JPMorgan Chase office building.

“It is clearly simpler and faster to rip down and build what you want,” Neveloff said.

 

 

 


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Hotel vs. Office: Different Challenges in Commercial to Residential Conversions

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Hotel vs. Office: Different Challenges in Commercial to Residential conversions

Two potential solutions to the housing shortage comes in converting underutilized spaces like hotels and office buildings. However, each conversio type faces unique challenges and should be tackled accordingly

BY ARIEL AUFGANG, AIA, PRINCIPAL, AUFGANG ARCHITECTS

There’s a national housing shortage, both market rate and affordable housing. At the same time there’s a large supply of empty office space and underutilized—and close hotels across the country. Owners and developers are increasingly examining the viability of commercial to residential conversions as a solution to both problems.

Hotels and office buildings present distinctly different factors to consider whe evaluating the feasibility of potential residential conversion opportunities.

Issues with Hotel-to-Residential Conversions

Hotels have a distinct floorplan compared to office buildings that makes hotel-tor residential conversion more practical and less costly. Systems such as water and wa lines are already in place and can usually be relatively simple to modify them in converting a hotel building to apartments units. As a result, a hotel conversion project can be completed faster and at a lower cost than converting an office building t residential.

Hotel conversions are not without challenges. “While some underutilized hotels are located in city centers, other potential conversion candidates are in less desirable locations next to airports or off major highways far from residential communities— factors that can suppress the value and appeal of residential conversions,” said Chris Walker, Planning and Community Development Project Manager, Aufgang Architects.

These issues can be of less concern in converting hotels to affordable or supportive housing rather than market rate.

Walker was on the Aufgang team that designed the residential conversion of the 36 year old former JFK Airport Hilton Hotel in Queens, the first hotel-to-residential conversion i NYC.

The shuttered 350-key hotel was converted to the new Baisley Pond Park Residences, a 100% affordable, 318-unit multifamily building offering supportive services to lowincome and formerly homeless families and individuals. The Baisley Pond Park Residences was developed by Slate Property Group and the nonprofit RiseBor Community Partnership.

Issues with Office-to-Residential Conversions

Office buildings are usually located in city centers where many people work, with clos access to public transportation, increasing their appeal as residential units, thus making them attractive to developers for conversion.

However, office-to-residential conversions often present design challenges that can b costly to address. Office buildings, despite large windows not commonly used i residential design, usually have deep footprints which deprive interior spaces of access to sunlight and outside air.

This can be overcome through innovative design, such as creating an open core or atrium through the height of the building. Also, elevators, stairways and systems such as water risers are usually centrally located in the cores of office buildings, requirin adding risers and lines to each new apartment unit, which increases conversion costs and lengthens construction time.

About Aufgang Architects
Established in 1971 Aufgang Architects is a certified New York City and New York Stat Minority Business Enterprise. In the past 22 years the firm has designed and consulte on more than 20 million sf of built space, including over 14,000 units of affordable housing


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BUILDING ISOLATION FOR 369 UNIT APARTMENT COMPLEX IN BROOKLYN

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Aislamiento de edificio para un complejo de apartamentos de 369 unidades en Brooklyn, Nueva York


Problem:

Rising land costs for commercial and residential space within core New York City neighborhoods creates demand in new, untapped areas. In Brooklyn, new residential and mixed use developments appear almost daily.  One such project is the apartment complex at 475 Clermont / 810 Fulton Street. Extending from cross-street to cross-street along Fulton, the site is immediately adjacent to an underground MTA subway line. The US Federal Transit Administration (FTA) publishes design guidelines for construction projects in this situation. The goal is to reduce the occurrence of high levels of environmental noise and vibration that bother tenants in completed buildings.

The initial acoustic survey revealed subway trains would exceed design criteria as far up as the 7th floor. Without any mitigation, subway noise and vibration would be audible and disturbing. This could impact the desirability of the units, the economics of the project for the developer and quality of the space for tenants.

The initial developer transitioned the project to a new company. With less than 4 months to go before commencement of construction, the team approached Getzner and the acoustic consultant with strong concerns about schedule, performance, and budget.

Solution:

Un cronograma corto, una trama irregular y un presupuesto ajustado requirieron un enfoque colaborativo entre el desarrollador; Aufgang, el arquitecto; AKRF, el consultor acústico; y Getzner. Un análisis en profundidad realizado por el consultor acústico indicó que, aunque el túnel del metro estaba cerca, sólo era necesario aislar los componentes de los cimientos del edificio dentro de los 50 pies de la línea.

Getzner isolation had to address multiple types of foundation elements, including mat foundation, footings, slab on grade and vertical installation against foundation walls. All had to provide sufficient performance as a failure of any one application would defeat isolation of the other elements.

Getzner Solution

  • Isolation Natural Frequency: 10.3 Hz
  • Decoupled footings, mat foundation, slab on grade, foundation walls.
  • Engineered solution reducing budget while maintaining required performances and schedule.

Results

  • No vibration complaints from tenants. Satisfied developer.
  • No delays or extensions to construction schedule.
  • Delivery of first components less than 4 months from first contact.
  • Reduced costs with partial site installation.

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Una Nueva Toma de
Arquitectos realizados


At Aufgang, we strive to provide the highest-quality creative, cost-effective, and highly marketable design solutions to meet all of our clients’ objectives. We are committed to maintaining the highest standards of ethics and integrity in our client relationships, and sustain clear and substantive communications proactively and responsively throughout the entire design and construction process.


SHOULD NEW YORK BECOME A SPONGE CITY?

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Should New York Become a Sponge City?


Flooding from unprecedented torrential rainstorms in New York City that caused drowning deaths in outer borough basement apartments and sent tons of water cascading down subway entrance steps may have an innovative solution adapted from China.

Counterintuitively, rather than channeling storm water away from cities, China is converting some urban areas into “sponge cities,” designed to mitigate storm flooding by using natural areas such as grassy wetlands, overflow ponds and permeable riverside paths to absorb water.

Shiva Ghomi, Director of Planning and Community Development

“Traditional urban planning called for complex networks of drainage channels to move water away from city centers as quickly as possible. Sponge cities use natural features to absorb water,” said Shiva Ghomi, Director of Planning and Community Development at Aufgang. In China, flood mitigation is approached with the goal of improving the landscape’s ability to absorb water.

New York's Battery Park. Photographer: Craig Warga/Bloomberg

“While more than 70% of New York City is covered by surfaces that aren’t absorbent, making it vulnerable to severe flooding, especially during hurricanes, this challenge can be offset with creative techniques,” she said. Developers are increasingly asking Aufgang to recommend strategies to mitigate flooding, which can include:

  • Incorporating rain gardens, green roofs and tree pits in building designs. These provide multiple benefits beyond water management. These spaces can be attractively landscaped into gathering areas for multifamily buildings. The potential exists for planting shade trees and creating urban farms which reduce the urban heat island effect.
  • Allocating space for wetlands near flood-prone areas would help manage stormwater in low lying flood-prone communities in the City’s outer boroughs.
  • In areas where landscaping is not feasible, permeable pavement could be utilized. This innovative material allows water to pass down into the ground below, unlike traditional asphalt and concrete.

Sponge City and other flood mitigation strategies are needed to manage expected rises in sea levels. The NYC Stormwater Flood Map displays current flood risks and projects them through future decades. If not addressed now, Ghomi warns, they will have a profound impact on New Yorkers’ safety and quality of life


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ARE ADUs AN ANSWER TO THE HOUSING CRISIS?

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Are ADUs an Answer to the Housing Crisis?


Across the country the housing crisis is converging with economic and demographic trends to continue to drive proliferation of Accessory Dwelling Units—ADUs. Most ADUs are informal, rather than permitted, prompting cities to revise their zoning ordinances and residential development codes as they struggle to encourage housing supply growth.

“Permitted ADUs will become more prevalent as local governments increasingly recognize that most households in the United States are now comprised of only one or two persons. In part this reflects our aging population. However most legacy single-family homes and new homes are sized for families of four or five. High home prices and mortgage interest rates also put conventional size homes out of reach of many prospective buyers, especially individuals and seniors” said Aufgang Principal Ariel Aufgang, AIA.

An innovative approach to encouraging permitted ADUs was recently announced by New York City Department of Housing Preservation and Development Commissioner Adolfo Carrion, Jr.: a new “Plus One ADU” pilot program. This initiative provides funds to a small number of single-family homeowners to build ADUs on their property, with an eye toward implementing a citywide ADU program.

ADU example from NYC HPD

ADUs can be in the form of backyard cottages, garage studios, attached in-law suites, basement apartments and attic space conversions. They usually have their own kitchen, bathroom, living area and separate entrance. Typically, they utilize the water and energy connections of the primary house.

Although ADUs can be a viable solution to the housing shortage and a steady income stream for homeowners, a careful cost/benefit analysis is needed before implementation. ADUs can involve large upfront costs in materials and construction labor. Once completed, the homeowner’s property taxes may go up, and the utility bills may increase. Before building, the homeowner should calculate the costs against the increase of value in the property and new income stream to determine if the project is worthwhile.

New York City homeowners interested in applying for this program need to access a Plus One ADU Participant Survey by February 13, 2024.

Aufgang's ADU design for the Kingston, NY Plus One Home Program

Although New York’s ADU program is being launched for single-family homeowners, the program could extend to multifamily properties as well. California already allows one or more ADUs on multifamily properties, depending on restrictions such as city codes and zoning laws. ADUs can either be detached from the main structure or converted from accessory space such as storage rooms, basements, or attics.

Developers can also partner with municipalities to assist in ADU initiatives outside of New York City. A recent initiative called the Plus One Home Program launched in Kingston, New York as a partnership between RUPCO, Ulster County, and the City of Kingston. As other counties and towns develop strategies to address the housing crisis, more opportunities will appear in the near future.


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ONE SOLUTION TO E-BIKE FIRES: BUILD A BETTER BIKE STORAGE ROOM

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One Solution to E-Bike Fires: Build a Better Bike-Storage Room

By Bill Morris


Many co-op and condo boards are wrestling with the best way to protect their buildings and neighbors from the recent rash of fires caused by improperly charged lithium-ion batteries on e-bikes and other mobility devices. The advice they get is often confusing.

Some lawyers are urging boards to pass a house rule banning any device powered by a lithium-ion battery — a change that requires a simple majority vote of the board rather than approval by a super-majority of residents that’s required when altering a co-op’s proprietary lease or a condo’s bylaws. Some lawyers advise holding violators responsible for any ensuing fire, while others advise exempting owners of motorized wheelchairs from the ban.

The city council has also gotten into the act. Using the reasoning that the fires are caused by the improper charging of shoddy batteries, one bill before the council would ban the sale of lithium-ion batteries that aren’t certified by a nationally recognized testing laboratory, such as Underwriters Laboratories or Environmental Testing Laboratories. Another bill would ban second-hand lithium-ion batteries that have been reconstructed or rebuilt using cells recovered from used batteries. Those cheaper batteries are favored by the city’s army of delivery riders. Some form of new law is expected to pass in the coming months.

Meanwhile, the Fire Department of New York has responded to the spike in battery-related fires — which rose from 44 in 2020 to nearly 200 last year, resulting in six deaths. The FDNY has posted advisories in apartment buildings, urging people not to charge lithium-ion batteries inside apartments and to be sure to plug chargers directly into wall outlets, not extension cords or power strips.

And now the firm of Aufgang Architects has come up with yet another solution: built a better bike-storage room.

“We asked ourselves how we can improve existing designs to mitigate the threat of fire to residents of these buildings,” says Sam LaMontanaro, the director of engineering at Aufgang. So the firm’s engineering team set about designing a bike-storage room that could be incorporated into new construction or retrofitted into an existing building.

“We designed a bike storage room for apartment buildings that is fully encapsulated within cinderblock to contain and limit the potential for fire and heat spread,” LaMontanaro says. “As the first line of defense, sprinklers will slow the spread of fire allowing time for firefighters to get to the site. To maximize sprinkler speed and effectiveness, our design increases their density within the bike room.”

The design also specifies smoke and heat detectors, including infrared sensors, that trigger fire alarms and alert building staff in the event of a fire in the bike room. The doors are fire-rated. To ensure proper recharging of batteries, the room is fitted with electrical outlets fed by dedicated circuits so there is no need for power strips or extension cords and no additional strain on the feeds to residential and common areas. Incorporating such a bike-storage room into a new building would add minimal cost, LaMontanaro says, while retrofitting one into a 60-unit building would cost about $25,000.

The board’s work does not stop with installing such a storage room. “Part of this is a behavioral issue, and education is paramount,” LaMontanaro says. “E-bikes are expensive, and some people are a bit nervous about storing them in a public area. So there has to be good security — locks, maybe cameras. And people have to be made to realize that storing and charging bikes inside apartments can be dangerous. If there has to be some type of penalty for violators, maybe that has to be part of it. Co-op and condo boards can exert pressure on residents — and they have to make people realize that this is serious.”



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E-BIKES ARE CONVENIENT. THEY CAN ALSO CATCH FIRE AND DESTROY BUILDINGS

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E-Bikes Are Convenient. They Can Also
Catch Fire and Destroy Buildings

Three years after New York legalized micro-mobility bikes and scooters,
lawmakers and building managers are grappling with how to make them
safer, after numerous fires, some fatal.


By Joyce Cohen


Just before midnight on a Fri day in January, a fire tore through a three-story house in East Elmhurst, Queens, injuring 10 people inside and killing a 63-year-old man who was trapped on the second  floor. Five days later, on a rainy Wednesday afternoon, another fire broke out in the basement of a house in Forest Hills, Queens, where an unauthorized day care center was housed. Eighteen children were injured, one seriously.

The cause of both fires was rechargeable lithium-ion batteries, which power the e-bikes and e-scooters that have become ubiquitous on city streets, according to the New York Fire Department.

Jose Corona, whose e-scooter sparked the deadly fire in East Elmhurst, told reporters that he heard an explosion shortly after parking the scooter on the first floor of the house. “Once I opened the door, on the second floor the stairs was already on fire in seconds,” he said.

The use of micro-mobility vehicles surged during the pandemic as New Yorkers shunned public transportation and ordered food from delivery apps rather than crowd into restaurants.

A rendering of a design concept by Aufgang Architects for protecting bicycle storage rooms from lithium-ion battery fires. Courtesy of Ariel Aufgang

Sam LaMontanaro, director of engineering for Aufgang Architects, in a bike room in Hell’s Kitchen. “A bike room is at the lowest part of the building and has the greatest water pressure for a sprinkler system,” he said.  Karsten Moran for The New York Times

Delivery workers are increasingly reliant on e-bikes, which allow them to go farther and faster to meet the demand.

But a deadly, unintended consequence has emerged: Storing and charging such bikes and scooters indoors can create a tinderbox. Last year, the batteries caused 216 fires, with 147 injuries and six deaths. As of Feb. 27 this year, they were responsible for 30 fires, 40 injuries and two deaths, according to the Fire Department.

Nearly three years after New York City legalized the use of micro-mobility vehicles, building managers and lawmakers are grappling with how to prevent battery fires, with some calling for prohibitions on e-bikes and e-scooters, at least until ways to minimize the risks have been established.

Last week, the City Council took what it called “a first step in mitigating the fire risk posed by lithium-ion batteries,” approving a spate of bills that would include new safety and certification standards, education campaigns on how to prevent fires, and restrictions on the use and sale of used or reassembled batteries.

That, experts say, is where much of the danger lies — from off-market, refurbished, damaged or improperly charged batteries. A chemical reaction inside the self-fueling battery can spark a “thermal runaway,” which occurs when the lithium-ion cell enters a volatile, self-heating state. The fires are also difficult to extinguish (the Fire Department warns against using fire extinguishers or water), often spreading to nearby batteries, and can even reignite hours later.

“All it takes is for one small battery cell to be defective, overcharged or damaged, and a tremendous amount of energy is released in the form of heat and toxic flammable gases all at once,” said Daniel Murray, the Fire Department’s chief of hazmat operations.

The Fire Department started tracking fires caused by lithium-ion batteries in 2019, “when we recognized we had a problem,” Mr. Murray said. That year, the department recorded 28 fires resulting in 16 injuries — a number that has skyrocketed with the proliferation of the bikes and scooters.

Lithium-ion batteries can be found in computers, cellphones and some household devices, but micro-mobility vehicle batteries are bigger and “are subject to a lot of wear and tear and weather, which tends to damage them,” Mr. Murray said. “So that’s why we are seeing a lot of fires specifically in the bikes and scooters.”

Battery fires have broken out in a range of buildings around New York, from public housing complexes to luxury towers.

“I didn’t even know I was supposed to be afraid of the e-bike battery-charging station on the ground floor,” said Gail Ingram, who until last June lived above a pedicab and bike-rental business in a Hell’s Kitchen walk-up. One morning, she “heard a woman screaming” outside. Then she saw smoke rising from the floorboards.

The stairwell was quickly consumed by smoke that scorched her eyeballs. “I’ve never felt such a terrifying feeling, not being able to breathe,” said Ms. Ingram, 51, a nurse practitioner.

No one was seriously injured, though Ms. Ingram lost almost everything. Unlike most of her neighbors, she had renter’s insurance, which is now paying for her to live in a tiny hotel room with her two cats. “I’m still going through boxes of non-salvageable keepsakes and water-soaked paperwork,” she said.

Ms. Ingram’s upstairs neighbor, Madison Coller, 26, who works in risk management for a payment-processing company, was on the third floor when the fire broke out. She recalled a harrowing day, awakening from a nap and fleeing after she smelled smoke and heard a voice yelling, “Fire!” Displaced by the fire and having no insurance, she stayed with her brother in Bushwick and moved back to Rochester for a short while. Battery-powered vehicles “should be banned until there is a safer solution in place, because too many people have lost their lives,” said Ms. Coller, who now lives in Bushwick.

Some buildings have already taken that action. Last November, dozens of people were injured in a luxury high-rise rental building on East 52nd Street when a battery exploded in an apartment doubling as an unauthorized bike-repair shop. The incident spurred Glenwood Management, which operates more than two dozen luxury rental buildings in the city (though not that one), to ban e-bikes and e-scooters in all its buildings. “If you have one,” the company wrote in a notice to tenants, “we ask that you remove it at once from your apartment.”

A few months earlier, the New York City Housing Authority had proposed a ban on storing and charging e-vehicles in all 335 of its building developments, to prevent fires and preserve the health and safety of residents.” After an outcry by residents opposing the ban, the agency decided to pause and revisit the issue.

“Some buildings are taking the approach of a complete ban on e-bikes, and other buildings aren’t doing anything, and then there are those buildings in the middle that are trying to regulate and pass rules that kind of split the baby,” said Leni Morrison Cummings, a lawyer at the firm of Cozen O’Connor, who represents condominium and co-op boards. “At first we saw all the buildings that jumped on the bandwagon with the ban. Now I am seeing buildings trying compromise positions.”

Proposals include requiring residents to register their e-bikes. Others call for fire-safe bike rooms in apartment buildings and more education about battery safety.

“It’s a conversation buildings need to have: How do we limit the risk?” said Eric Wohl, a lawyer representing condo and co-op boards at the firm Armstrong Teasdale. “Unit owners are allowed to have candles, and that’s a fire risk, too.”

Drake Chan initially used a kick scooter to commute from his condo on the Upper East Side, cutting his long walk to and from the subway. He bought an e-scooter last year.

“You get places faster, and it saved me in terms of sweating it out during the summer,” said Mr. Chan, 37, who works as a project engineer in the field of transportation. “It can also carry quite a bit. I can put two bags of groceries on each handlebar.”

So when his condo board recently considered banning e-bikes and e-scooters in his building, he persuaded the board members to reconsider, emphasizing that most lithium-ion fires are caused by low-quality or misused batteries. “I encouraged them to look into registering all e-bikes and e-scooters, so we know what we have on our hands,” Mr. Chan said.

He also urged the board to educate residents on safe battery use, including charging the batteries only while attended (never overnight), keeping flammable materials away, and using the manufacturer’s original cords and chargers.

Another potential solution is safer bike rooms. Ariel Aufgang, a New York-based architect and the principal at Aufgang Architects, has designed one using cinder blocks, upgraded electrical outlets and additional sprinkler heads. “Government moves too slowly,” he said. “These safety measures are a no-brainer.”

But some building managers question why the burden of safeguarding against battery fires should fall on them. “To me, the issue is product safety,” said Michael Rothschild, the president of the residential management firm AJ Clarke.

Someone shopping for a bike or battery “isn’t going to know if the battery is poorly made,” he said. “There should be an oversight agency to make sure what’s being sold is safe. That’s the way we handle most things.”

Last month, Laura Kavanagh, New York’s fire commissioner, sent a letter to the U.S. Consumer Product Safety Commission, saying the department was “on the front lines of this fight against deadly fires involving batteries in e-micromobility devices,” and urging the government to promote more safety regulations, including seizing imported batteries that fall short of industry standards, penalizing manufacturers who fail to inform authorities about product hazards, and recalling unsafe devices. She also recommended a ban on sales of “universal” battery chargers.

City lawmakers are just beginning to catch up. As part of the legislative package the City Council approved last week, Gale Brewer, a council member who represents the Upper West Side, has sponsored a bill that would require the fire department, in consultation with the Department of Consumer and Worker Protection, to develop an information campaign about the fire risks. Ms. Brewer proposed a bill in November that would “ban the sale of second-use batteries, those which are reconditioned or manipulated and sold on the secondary market,” according to her office.

“Older residents call me all the time. ‘There’s a bike in my building.’ They are very nervous,” Ms. Brewer said. “We have to do something about this issue because more people will die.”

Oswald Feliz, a council member who represents some neighborhoods in Bronx, has also introduced a bill that would impose “recognized safety standard certification” and require an micro-mobility vehicle to be certified in order to be sold in New York City. Another member of the council, Robert F. Holden of Queens, recently introduced a bill that would temporarily ban certain e-bikes and e-scooters throughout New York City.

“Right now, these batteries are killing people, and that’s why we have to do something drastic, or it’s going to continue,” Mr. Holden said. “I don’t want to not allow them forever. It’s only a pause until we get back to the drawing board and get the proper safeguards on them.”

Some of the proposed legislation focuses on the thousands of delivery workers who have come to rely on e-bikes to make a living. One bill would require the consumer and worker protection agency to distribute educational materials on e-bike safety for delivery workers in their language.

“I worry about the delivery people,” Ms. Brewer said. “They need support. They go through a lot of batteries because they are working on the street.”

New lithium-ion bike batteries typically cost at least $300 (and often much more), forcing many riders to turn to lower-quality products. “There is definitely a market where people don’t want to spend that,” said Mr. Wohl of Armstrong Teasdale. “Delivery guys don’t have a lot of money and they want to go as fast as they can because the more trips, the more tips.”

Los Deliveristas Unidos, a guild representing 65,000 app-based food delivery workers, is pressing the city to boost the e-bike infrastructure to include charging and parking stations, along with bathrooms, something that Mayor Eric Adams and Senator Chuck Schumer have pledged to do.

Ligia Guallpa, director of the Worker’s Justice Project, which oversees Los Deliveristas Unidos, said that e-bikes are invaluable in low-income communities that lack accessible transportation, and that without sufficient charging stations, many have no better option than to charge their e-bikes at home.

“Banning e-bikes from buildings without offering an alternative is not the right solution,” she said. “Low-income New Yorkers don’t ride a bike as a fun activity. These e-bikes are legal and people are using them as a way of survival.”



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