Naming the wrong names

Scrolling through my Twitter feed today I saw a tweet from Public Advocate Letitia James touting her new NYC Landlords Watchlist, which names the 100 worst landlords in the city.

The list is compiled using building violation data from the Dept. of Housing Preservation and Development. James’ methodology seems to involve finding the buildings with the highest number of HPD violations and breaking them down by class and year. In certain cases the site lists how many buildings and the aggregate number of units/violations the corporation that owns those buildings has. It also names the person that heads each corporation that’s registered as owning the building(s).

Good work and useful information to be sure. It comes with a great looking interactive map, similar the city’s 311 map.

What the 100 worst landlords in NYC list does not do is list the 100 worst landlords in NYC. According to the criteria used to build the list, “if a corporate entity is identified as the landlord of a particular property, we list the named officer as the ‘landlord’ of that entity.”

I love mining public databases and data journalism. I like getting in the nitty gritty and taking a lot of seemingly disparate information and turning it into a coherent picture. As such, I’m always poking around HPD’s building violation database as well as a half-dozen other city databases.

And here’s the thing: virtually every building is owned by an LLC that’s set up by a larger entity to own a single building or series of buildings. Whether the larger entity does this for tax reasons, legal reasons or to create a degree of separation, that’s just how it’s done.

Upon acquiring a new building or portfolio, often the larger entity will simply take the new building’s address and set it up as a free-standing LLC, which now “owns” the property or properties.

HPD only requires that LLC and its head officer to register with the department. And that’s the information you see – which again, is still useful – in HPD’s database.

But that person is not the landlord. They don’t own the building. Legalese aside, the landlord is the larger entity that actually owns the building or property in question.

And that larger entity often owns a ton of property in the city under dozens of different LLCs. And the head officer of a single LLC can also be the head officer of as many other LLCs as his bosses at the larger entity want.

The larger entity, and those that control it, are ultimately responsible for the building and the policies/funds that are used to mitigate violations in them.

I tried explaining all of this to the Public Advocate’s office on Twitter using one of the list’s worst offenders in Manhattan by showing them who the actual owner is. It didn’t go so well, but I think it’s an important subject to tackle for those who are interested.

2461 Amsterdam Avenue is owned by 2461 Amsterdam Avenue I, LLC, and has 447 HPD violations in a single building at that address. The head officer is listed as Robert Klehammer. But, as I’ve outlined above, Klehammer does not own the building and is not the landlord.

Initially I tweeted that the Parkoff Group owns 2461 Amsterdam Avenue, but they actually sold the building to Yeshiva University in 2007, according to public documents found online with the City Register’s Office. Therefore, Yeshiva University, and those that oversee the school’s property holdings, is the landlord.

My hunch is that were you to list the city’s actual worst landlords – the people, companies, and institutions – that actually own these buildings and dictate policy, the list would be a bit more embarrassing, and perhaps a lot smaller.

My intention with this post is not to disparage the Public Advocate’s work. It’s to demonstrate that the real landlords are insulated by layers of legal and corporate cover.

Despite my initial mistake, it isn’t hard to find these real landlords. And they should be the ones to find their names on the list of the 100 worst landlords in NYC.

Tish James

Posted in Commentary, Essays | Tagged , , , , , , | Leave a comment

Thoughts on oligarchy

Is it disingenuous to not think of the United States as an oligarchy when the brother of a former president (their dad was also a former president) has a decent chance of being our next president, as does the wife of a former president? This is all in the last three decades over four administrations.

From Wikipedia: “Oligarchy, meaning ‘few,’ and ‘to rule or to command,’ is a form of power structure in which power effectively rests with a small number of people. These people could be distinguished by royalty, wealth, family ties, education, corporate, or military control. Such states are often controlled by a few prominent families who typically pass their influence from one generation to the next…”

I draw no grand conclusions from this, but it’s worth considering.

Posted in Commentary, Misc. | Leave a comment

Landlord vs. Tenant, This Time On The U.W.S.

Did Lynda Engstrom’s apartment really need an electrical upgrade? This story was originally published May 28, 2014, in the West Side Spirit.


landlord for cover SP__fmt

Linda Engstrom with a photo of what her living room used to look like.

Lynda Engstrom is 73, a widowed daughter of Holocaust survivors who lives in a prewar building at 89th Street and West End Avenue.

Right now, her rent-regulated apartment looks as if a hazmat team gave it the quarantine treatment. The living room furniture — all of it -– is jumbled together in a hulking, shrink-wrapped mass in the middle of her living room; in her painting studio, plastic sheeting covers a wall of old photos and mementos. The guest bedroom in the back of her apartment is similarly shrouded in plastic sheeting.

“I just got my own bedroom in order,” said Engstrom.

Engstrom blames her plight on a campaign by her landlord to force her out — and replace her with tenants paying higher rents. Such stories have become increasingly common throughout the city, as rents have continued to soar. “They’re waiting for us to die,” said Engstrom of rent-regulated tenants, eight of which she said have left her building since 2004 due to harassment.

She believes once her apartment is vacated, and its rent-regulated status discontinued, it will be converted into a co-op and sold at a premium.

The problems for her started in 2011, she said, when one morning she awoke to the sound of incessant and loud banging on her apartment door. Peering through the eyehole, she saw six men who claimed to be from the building’s management company, who told her they needed to upgrade her unit’s electrical system. Instead of opening the door, she called the police, and later hired a lawyer to defend herself against what she is convinced are attempts by her landlord, Samson Management, to illegally evict her through intimidation. Lawsuits were filed on both sides.

“[They] decided to harass me through this electrical upgrade that I did not need,” said Engstrom.

Last year, a State Supreme Court judge granted Samson Management access to the apartment, but said before any work could be done the two sides would have to come to a legally binding and detailed agreement on what work would be performed. It took another year to draw up those plans up, and on April 27, Engstrom vacated the apartment for a week so workers could get the job done, as per the agreement. Before she left, and also in accordance with the agreement, a moving company came in and shrink-wrapped everything to protect it from dust.

Engstrom said she came back to find both her apartment and her belongings damaged. A ceiling fan was removed and sitting on the floor, she said. Built in window-seats that look out onto West 89th Street had cracks in them. As for the work that was done, the only evidence that remained was some dust and a strip of wall in the foyer that had been patched and sanded, and just needed a coat of paint.

Samson Management bought 317 West 89th Street in 2004, and began converting many of the building’s 20 units into co-op apartments.

Since 2011, Engstrom alleges that Samson Management’s superintendent, Gregory Haye, directed service workers in the building to deny her services like trash removal. She said Haye has been in her apartment two dozen times without notifying her. Engstrom said building workers used to be friendly towards her, “and now they treat me like a pariah.” All of these tactics have been employed, she believes, in an effort to make her continued presence in the building not worth the hassle.

But right now, she’s focused on getting her apartment back in order and resurrecting her stock-trading business, which she said was put on hold during her legal troubles. Engstrom said she lives on Social Security and what money she makes selling the odd painting, but needs to make more to cover rent, which she said is between $2,000 and $3,000 per month.

Haye didn’t respond to requests for comment, but Samson Management, through a spokesperson, said the company is not at fault in the case. “The real travesty of this entire incident is that Ms. Engstrom effectively and selfishly delayed Samson for three years from making these legally necessary repairs and upgrades, to the detriment of the safety of the building’s residents,” Samson said.

Engstrom said she’s open to a buyout but isn’t going down without a fight. “The big fear is that people have the authority now to walk into an apartment and do whatever they want.”

Posted in News | Leave a comment

Remembering that day

Impressions from first responders seeing the 9/11 Memorial Museum for the first time. This story was originally published May 22, 2014, in Our Town Downtown.

Retired NYPD detective Rose Colon hasn’t been back to Ground Zero since September 11, 2001.

She was in Brooklyn when the first plane hit the North Tower at 8:46 a.m. She responded to the scene, and was injured after falling into a manhole while performing search and rescue operations with other first responders. Colon was evacuated before the first tower fell, and hasn’t felt the need to come back.

“We actually retired after Sept. 11,” said Colon, who returned to Ground Zero last week for the first time, to visit the newly opened 9/11 Memorial Museum with a friend, NYPD Sergeant Amy Loretoni, who also retired soon after the attacks.

Before opening to the public, the museum was open for a week to first responders and relatives of those who lost their lives. Downtown visited Ground Zero to speak with those who were granted advance access about their impressions of the museum and their recollections of that day.

Colon and Loretoni said for them, the most emotional exhibit was the Wall of Faces, which features photographs of the nearly 3,000 people who lost their lives that day and is meant to convey the scale of human loss. An adjoining chamber shows photographs, biographical information and audio recordings of individual victims from the day of the attack.

“It was very nice except that they didn’t have a lot of information on the police,” said Colon. “I mean we did lose a lot of cops and Port Authority police.” Twenty-three NYPD officers and 37 Port Authority officers lost their lives on Sept. 11.

“If you were working that day and you were a cop, you can actually hear the cops dying. Everyone died equally, there was no color, there was no race, there was no religion in there,” said Loretoni.

One of Colon’s tasks in the aftermath of the attacks was to listen to and transcribe the 911 tapes of police officers who were trapped, and later died, after the towers fell. The officers, who knew all 911 calls are recorded, were saying farewell to their loved ones on the tapes.

As a result of her injury, Colon now lives with Reflex Sympathetic Dystrophy, a disease causing chronic pain in the ankle she broke, as well as PTSD. Loretoni said she also suffers from PTSD as a result of being a first responder to the scene.

“It’s not going to trigger in there,” said Loretoni, gesturing to the museum. “Sometimes things don’t trigger until later. You might be sitting at home and maybe they play one of those 9/11 songs they played during that period, and that will trigger the PTSD.”

Four brothers

Bill Amaniera was an EMS technician and a first responder to Ground Zero on Sept. 11. He has three brothers in the NYPD, all of whom responded soon after him to the scene.

“I was the first one here, and they got here right after me. I was here before the towers actually came down,” said Amaniera, whose one brother was in an NYPD marine unit driving police boats up and down the Hudson River. The Amaniera brothers all survived 9/11, though Amaniera’s parents, as well as his two now-adult sons, waited hours to hear news from them.

“It brought back some rough times, but it also brought back some positive memories of buddies of mine that I lost,” he said, of the museum. “I thought it was very respectful and tasteful.”

In a notebook at the museum, where first responders could jot down thoughts as they toured the exhibits, Amaniera wrote that he, like many others, will never forget. “You know, they say ‘Never forget,’” said Amaniera. “But the reality is, I will never forget.”

Confusion, and concern for the future

Jim Larsen worked for the Port Authority on the 65th floor of the North Tower.

“I compacted the whole day into confusion, from the time I left to the time I started walking down the stairs, until I got home. I just kept moving, no panic,” said Larsen, who lives about an hour north of Manhattan.

“Really the first time I noticed the smoke was at City Hall when we stopped, and that was when the second tower collapsed,” said Larsen. “Another moment of confusion, the dust cloud was coming up Broadway.”

Was it hard walking around the museum? “It was, in a way, but I get the impression that you have to have had some direct connection to the objects that are in the museum, otherwise I don’t know if people would appreciate it as much.”

Although Larsen was in the literal epicenter of the attacks, looking back he feels as though he was merely on the fringes.

“For me, I would say maybe I always felt guilty after that. I got home and I didn’t have a spot of dust on me. I got wet, but that was from coming down the stairs when the sprinklers were on, but by the time I got home I was dry,” he said. “I didn’t see any blood, I didn’t see anybody like what I saw in the pictures, walking through all covered in dust. Like I said, in a way I felt guilty about it. I dodged the grim reaper.”

Larsen said his career has taken him all over the world, putting him in contact with many different cultures and perspectives. He remembers worrying how the United States would respond in the aftermath of Sept. 11.

“I was concerned with how the United States would react,” he said. “I knew many Muslims, and they were good people. I was just concerned that a lot of good and innocent people would be hurt.”

Utter disorientation

Pete Begley was a battalion commander in the FDNY and watched from home as the first plane slammed into the North Tower. He knew immediately that he had to get to Lower Manhattan. “I was off that day,” he said, “but then again everybody came to work.”

Begley said the scene was so disorienting that he couldn’t even tell where the West Side Highway was located, or where the firehouse on Liberty Street was, a building that was very familiar to him.

“I worked in that place. And when I showed up down here in the rubble, after the towers fell, I couldn’t get my bearings,” he said. “I didn’t know where I was because of the mounds, the steel, everything.”

Begley, toured the museum with his wife, Gloria, and said portions of the museum were hard for him to take in.

“The thing of it was, the TV didn’t do it justice. I saw the plane hit the tower at home, so I saw some devastation on TV, but by the time I got down here it was a whole different world. I couldn’t describe it. You’re like this small,” he said, pinching his pointer finger and thumb to within an inch of each other. “You experienced a lot more devastation right here in the area, and I wish everybody could see that, but [the museum] is good enough.”

Begley retired from the FDNY in 2002. “I was thinking about retiring but they asked people to stay so I stayed another year. I did 32 years, that was enough,” he said.

The Begleys walked over to the reflecting pool, where tourists were pushing strollers and taking smiling photos in front of the names of the dead, 2,753 of which ring both pools where the towers once stood. Nearby, first responders trickled out of the museum in twos and threes, occasionally greeting an old face but mostly walking in silence.

Det. Rose Colon and Sgt. Amy Loretoni said they’d visit the museum again, perhaps bringing friends and loved ones next time. There’s more to see, said Loretoni, but for today they’d had enough.

“In the museum, it’s like you’re trying to absorb as much information as you can and look at everything. I don’t think we took enough time,” she said.

Posted in Misc. | Leave a comment

Air BnB-eware

Increasing number of eviction proceedings stemming from use of apartment-sharing websites. This story was originally published May 14, 2014, in Our Town, Our Town Downtown and the West Side Spirit. 

Many New Yorkers have probably noticed the apartment-sharing startup Air BnB in the news lately. State Attorney General Eric Schneiderman subpoenaed the company for records of users he believes are using it to illegally book apartments. Air BnB is fighting the subpoena, saying that users who abuse their platform are promptly kicked off and the AG’s move amounts to intrusive government snooping into the lives of its customers.

But what’s not at the forefront of the discussion surrounding Air BnB are the increasing numbers of customers who have had to fight eviction proceedings because they rented their apartment using the site, or a similar one like VRBO.

“I think I’ve seen in the last six months probably four of these cases that I personally handled,” said Samuel Himmelstein, a partner at Himmelstein, McConnell, Gribben, Donoghue and Joseph. His firm caters exclusively to tenants, and is the largest firm of its kind in New York. “Before this, there was just a tiny little handful. The reason I think there’s such an uptick is how publicly accessible Air BnB is.”

Most lease agreements in New York stipulate that an apartment cannot be subletted – no matter the duration – without the landlord’s prior approval, and that the apartment cannot be used for business purposes, i.e., making money off of it. As a result, many New Yorkers who use apartment-sharing websites stand a good chance – knowingly or not – of violating their leases.

State Senator Liz Krueger – who in 2010 passed the “illegal hotel law” to fight the proliferation of apartments being used to capitalize on the transient tourist market, something Air BnB has been accused of enabling – said she knows of landlords who actively search for their properties on Air BnB and similar sites, looking for tenants who are renting their apartments in violation of their lease so they can start eviction proceedings against them.

Air BnB has said that Krueger’s law was never intended to be used against everyday people renting out their apartments and that the majority of Air BnB hosts in New York are “regular New Yorkers just trying to make ends meet.” They also claim to have helped New Yorkers stay in their apartments by functioning as an extra source of income, and said their New York community will contribute $768 million in economic activity this year alone.

Economic forecasts aside, for those New Yorkers that share their rent-regulated or rent-stabilized apartments, using sites like Air BnB can be very dangerous, said Himmelstein. In a poll of lawyers at his firm, he said there’s been 12-14 such cases in the last two years.

“It’s not just rent-stabilized and rent-controlled apartments,” said Himmelstein. “It’s Mitchell-Lama, NYC Housing Authority, any apartment in New York City which is subject to some form of government ownership, involvement or regulation, this activity is illegal.”

New York tenant lawyer David Frazer said he’s also handled several of these cases recently. In a case he took up just last week, the landlord bought the property in which his rent-regulated client – an Air BnB host – lives and is “very aggressively going after all the tenants for any reason that he can come up with to try and create turnover in the building.”

Frazer said he’s seeing these types of cases in Manhattan and the trendy areas of north Brooklyn. Himmelstein said he’s taken cases in the Village, East Village, and Chelsea.

Both lawyers agree the number of eviction cases that stem from rent-regulated and rent-stabilized New Yorkers sharing their apartments on sites like Air BnB will continue to rise.

“It’s already happening,” said Himmelstein.

“Definitely,” said Frazer. “With all of the publicity Air BnB has generated for itself fighting Schneiderman, it’s put more landlords on notice.”

However, both Himmelstein and Frazer said so far they’ve been successful in avoiding forced evictions, though both have had clients who took buyouts of their rent-regulated apartments from landlords to avoid the possibility of walking away empty handed if they lost in court.

“One of my clients had to give up his apartment because they had him dead to rights,” said Himmelstein.

“If you’re doing this you’re giving the landlord ammunition to come after you,” said Frazer. “And even if ultimately you can succeed, it can be a very nerve-wracking and expensive proposition.”

Technology as a weapon

A decade ago, said Himmelstein, landlords were cruising websites like propertyshark.com that provide in-depth real estate data for properties across the country. Landlords were looking for other properties their rent-regulated tenants owned that they could argue were the tenant’s primary residence, and which they could use as the foundation for an eviction case.

“All of the sudden there was an uptick in non-primary residence cases,” said Himmelstein. “That was the big thing between 2000 and now, but now Air BnB is the latest thing where landlords can use technology against tenants.”

In response to a series of questions posed to Air BnB, spokesperson Nick Papas replied with a link that was found on the bottom of the homepage warning users to check local laws before listing their apartments. Papas also said New York users are presented with a message during the “listing flow” reminding them to check local laws before they can make a listing appear on the website.

In an experiment, a reporter successfully listed a faux apartment on Air BnB in the West Village and no such reminder presented itself. After a request for clarification, a different spokesperson revealed that in the fifth of six steps, the page where a host enters the street address of the apartment they’re listing, a reminder about New York regulations and leases is found after scrolling to the bottom of the page.

As for those measures being adequate, Frazer said they’re “several clicks away in the small print. It’s a very lawyerly move on their part but it smacks of bad faith. They’re really benefiting from a lot of actual law-breaking, and that’s a morally gray area to be operating in. They really have to step up to the plate and take responsibility for their business model.”

Posted in News | Leave a comment