San Francisco City Attorney Dennis Herrera today filed suit against the developer of the Millennium Tower, alleging that the company knew that the luxury high-rise was sinking more than expected before it began selling units, but failed to disclose the information to buyers.
Herrera said the developer, Mission Street Development LLC, an affiliate of Millennium Partners, knew as early as February 2008 that the 58-story tower at 301 Mission St. had sunk nearly 6 inches, the maximum amount engineers had predicted over the lifetime of the building.
By the time the units went on sale in 2009, the firm knew that it had sunk 8.3 inches, and by the end of 2009, the developer knew it was sinking at different rates in different areas, potentially causing a tilt, the suit alleges.
"Before they had sold a single condo, Mission Street Development LLC knew their building had sunk more than it was supposed to in its lifetime -- and that it was still sinking," Herrera said. "Yet they didn't tell the homebuyers, as they're required to do so under the law. It's that simple."
News reports surfaced this summer indicating that the Millennium Tower was sinking and leaning. Current projections suggest it could ultimately sink more than 30 inches. A story in today's San Francisco Chronicle says "the high-rise has sunk at least 16 inches and is tilting 2 inches to the northeast at the base."