Harry Macklowe, one of New York City’s most prominent real estate developers and investors, has listed his Hamptons home facing the exclusive Georgica Pond for $38 million. The only problem is that it’s uninhabitable due to a lack of a certificate of occupancy. New owners of the property will not be allowed to move in.

According to PageSix.com, Macklowe illegally cleared land on the property and installed additions without permits. This not only endangered the surrounding wetlands but garnered fines for more than twenty-one violations. East Hampton Village officials state that these fines have not been paid for five years. Macklowe paid a $2 million fine for charges that stemmed from an illegal demolition project in 1985, but escaped an indictment for these charges due to “criminal intent that could not be proven,” according to the Manhattan District Attorney at the time.

The East Hampton Village Zoning Board has declined to retroactively approve Macklowe’s illegal acts. As a result, Macklowe has sued them, and the case is still ongoing.

Thomas Preiato, the East Hampton Village building inspector, confirmed that Macklowe can sell the home, but that no one is allowed to occupy it. While Macklowe possessed a certificate of occupancy in 2017, it is no longer valid based on the fines he has not paid. The four-bedroom, four-and-a-half-bath mansion comes with a pool and sits on 2.7 acres of land on 64 West End Ave. in East Hampton. It is surrounded by preserved land according to the listing.

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Though Macklowe has declined to comment on the home going up for sale as of this time, he paid $10.35 million for the home in 2017. At that point, he proceeded to build too close to the surrounding wetlands, which village authorities say was done without permits. More than 21 charges have been filed several times since 2019, and there was a stop work issued on February 11, 2019. However, the work was done by that point, and they “had gotten what they wanted,” Thomas Preiato said. Unfortunately for the new homeowner, the lack of permits means they cannot occupy this home. 

The Hamptons, which is a summer haven for some of New York’s high society residents, features many of the world’s most glamorous and awe-inspiring mansions. Celebrities such as Jennifer Lopez, Jon Bon Jovi, Ralph Lauren, and more own homes within this coveted area of land. The house Macklowe is attempting to sell is in the same neighborhood as Beyonce and Jay-Z’s summer retreat. If at any point the 5,5000-square-foot home sells, prospective buyers can even count on Steven Spielberg to be among their many influential neighbors.

Though some sources are claiming that the house is not worth the $38 million, and is instead worth around $12 to $15 million, its location—which is set amidst the awe-inspiring backdrop of New York’s wetlands—is likely to draw attention to whoever is willing to purchase it, even if they cannot live in it at this present point in time. As of now, there is no telling when the occupancy issue will be solved.