Construction came to a halt on a controversial homeless shelter in Bensonhurst, Brooklyn, this week, as city agencies issued stop-work orders for additional asbestos-related testing.
Both the New York City Department of Buildings (DOB) and the New York City Department of Environmental Protection (DEP) called for extra analysis on the site at 2501 86th Street, just weeks after construction began. At the same time, the site’s asbestos inspector was suspended in connection with another site.
In response to the news, over 50 local residents and elected officials rallied at the site Wednesday, questioning irregularities in the inspection process and offering to fund an independent, third-party asbestos inspection. “We just want a fair inspection,” said Ci Ma of the 86th Street Community Alliance, a group of local residents who oppose the shelter. “It doesn’t have to favor the developer or us.”
The shelter was announced under former Mayor Eric Adams’s administration and ground was recently broken on the project under Mayor Zohran Mamdani. But the site was quiet on Wednesday, with no construction activity visible. Across the street, protesters chanted “we will win,” loudly banging flag poles on banners as they gathered.
Protestors described the halt as a “temporary victory” but vowed to continue opposing the project. “We have a long fight ahead of us, and we’re going to continue to fight that fight,” State Assemblymember William Colton said at the rally.
The latest controversy surrounding the homeless shelter project centers on findings about asbestos at the site.
City officials had previously said the developer secured all required permits, including asbestos inspection reports. But on April 9, after responding to complaints from residents who observed what they believed was asbestos and unsafe work conditions, DEP inspectors issued a stop-work order, citing violations of city asbestos regulations and determining that the work posed a potential threat to public safety, according to the order.
“Since 2024, DEP has been out to the site multiple times but has not witnessed any disturbed asbestos during those visits,” a DEP spokesperson said in a statement. “Out of an abundance of caution, DEP conducted testing last Thursday, which found no presence of asbestos in the roofing,” the spokesperson added.
The DEP spokesperson said the agency takes community safety seriously and that if asbestos is found in areas slated for disturbance, the developer will be required to carry out remediation.
Andrew Rudansky, press secretary of DOB, said in a statement that the agency issued its own stop-work order to align with the previously issued DEP order, which he described as a standard operating procedure in this situation. Both agencies’ stop-work orders will remain in effect until a certified asbestos investigator completes a full review.
Councilmember Susan Zhuang sent a letter to DEP on Wednesday calling for a formal investigation into the asbestos inspection process.
In the letter, Zhuang raised concerns about an April 4, 2025, inspection conducted by contractor Noel Muir, who reportedly declared the site free of asbestos. She noted that community members said they did not observe anyone entering the property during the time the inspection was said to have taken place.
Zhibo Li, a community activist and local business leader, said residents monitor the worksite on a daily basis in shifts. “Even on the coldest days, we take turns every two hours to check for any activity,” he said. “It’s impossible that we would have missed an inspection.”
Zhuang also cited Muir’s past asbestos-related violations, including failing to inspect all areas of a project for asbestos and failing to address all asbestos-containing material in a location, and urged DEP to investigate.
A DEP spokesperson confirmed that Muir’s license is currently suspended and that he is scheduled for a revocation hearing on May 6. The agency said it is now working with the site’s general contractor, who has agreed to hire a different firm to conduct a new certified asbestos inspection.
Muir, who has worked as an asbestos investigator since 1991, told Documented that his first attempt to inspect the shelter site was on April 4, 2025, but he was unable to gain access because protesters were blocking the entrance and there was no police present. “I wasn’t able to get inside, so I did an exterior…I went and I looked around, I did the best I could. They didn’t allow anybody inside.”
He said he returned to the site in September, when police were present and allowed him to enter. He said that was when he was able to complete the inspection.
Addressing concerns about prior violations, Muir said such issues are not uncommon in the field. He described them as typically related to missing samples or incomplete inspections, rather than criminal conduct. “All the violations are, if you’ve missed something, if you missed a spot, there’s not anything criminal,” he said. “Every investigator, all 400 of us, have to go through that process. So it’s not something that is new to me or anybody else.”
Muir confirmed that his license is currently suspended in connection with a separate case under review by the DEP. He said he is no longer involved in inspections at the shelter site.
The shelter project has faced consistent opposition since it was first announced in late 2023, with residents raising concerns about safety, demolition practices, and the potential impact on the neighborhood. Community members say protests have continued for more than 630 consecutive days.
Recent demonstrations have at times escalated. A chaotic protest two weeks ago reportedly left at least three people injured and one person arrested.
A closed-door meeting between city officials and residents on April 8 did little to ease tensions, according to attendees. “The city and the community are not on the same page,” said Lining He, the chief of staff to Assemblyman Colton and a community leader.
City Hall said it is working to address concerns, outlining plans that include establishing a community advisory board, coordinating with local police, setting blackout dates for construction during major holidays, and sharing more project data with residents.
A City Hall spokesperson also reiterated that the project will move forward once all safety requirements are met. “As part of our equitable siting approach, we are committed to ensuring that every community has adequate safety net resources,” the spokesperson said.
Rudansky said construction can resume only after DEP requirements are satisfied and both DEP and DOB lift their stop-work orders.
