The Surreal Estate

Perspectives on Tenant Organizing from the Urban Homesteading Assistance Board

Tag Archives: predatory equity

Connecting Predatory Equity and the Need for a Rent Freeze

The movement for a Rent Freeze for the one million rent regulated units in New York City is the largest its ever been. Over 300 tenants gathered at both the Bronx and Brooklyn Rent Guidelines Board Public Hearings. That’s more than 600 tenants from every walk of life standing up and having their voices heard. Each of the hearings went way past 10pm even though they were scheduled to end at 8pm — tenants refused to leave while they still had testimonies to give.

It was an incredibly empowering sight to see.

The difference in narratives that tenants told between the Bronx and Brooklyn is worth noting. Bronx tenants told harrowing stories of utter neglect by their landlords and supers who were totally unresponsive. They told the RGB that their landlords did not deserve a raise after another year of refusing to provide heat, hot water, and proper repairs. For them a Rent Freeze would be a welcome economic relief as well as a signal to landlords that they don’t get more money for doing less work.

In Brooklyn however the stories were different. Tenant after tenant talked about “being forced out” of their apartments, homes, and neighborhoods. With a full understanding of our backwards rent laws, they told the RGB that every time that there is a rent increase, it gets their apartment a tiny bit closer to being deregulated. This in turn gives their landlord more incentive to harass them into leaving in order to raise the rent in the hopes that the unit can soon be at the market rate levels. For them, a Rent Freeze would also be a welcome economic relief and would be a moment where they are no longer simply reacting to their landlord’s actions but going on the offensive in this battle for their homes.

Both of these narratives — of utter neglect in the Bronx and purposeful harassment in Brooklyn — are part of the cycle of Predatory Equity that we’ve seen sprout up in New York City and beyond in the lead up to the foreclosure crises of 2008. Its happening all over the city and until we strengthen our rent laws when they are up for renewal in 2015, it will continue to happen. We can put a bandaid on the damage with a Rent Freeze this year, but in the end, its about what happens in Albany next legislative season.

Below is an article that our Deputy Director of of Organizing and Policy at UHAB, Cea Weaver wrote for the Metropolitan Council on Housing’s Tenant Newspaper about the connection between stronger rent laws and predatory equity:

In the years leading up to 2008, private equity firms with access to large pools of privately raised capital worked together with lenders to grossly overleverage multifamily housing. Assuming that they’d be able to increase revenue and make a financial windfall, “predatory equity” companies took out enormous mortgages to purchase rent-regulated buildings. When tenants refused to be pushed out of their rent-controlled and rent-stabilized apartments, these new landlords took a more aggressive approach: they increased harassment and reduced spending on maintenance. Buildings deteriorated and went into foreclosure across New York City.

As the housing market heats back up, predatory equity is returning to rent-regulated buildings. Meanwhile, tenants and advocates are still reeling from the first round of speculation, harassment, deferred repairs, and foreclosure. Last month, the owners of the Three Borough Pool, a group of 42 buildings in Manhattan, Brooklyn and the Bronx that contain almost 1,600 rent-regulated apartments, were able to get a rescue loan from a private equity company called Ladder Capital. The Three Borough Pool is the largest portfolio of multifamily buildings to go into foreclosure since Stuyvesant Town.

 Normandy Real Estate and Westbrook Partners, the co-owners, are also private equity companies that were some of the most notorious actors in the first round of predatory equity. Their obtaining refinancing is a sign of the dangerous return of pre-2008 lending practices to the city.

Thanks to tenants’ organizing, State Attorney General Eric Schneiderman began investigating harassment complaints from tenants. This investigation led to a deal with Normandy and Westbrook, announced April 15, that significantly increases oversight over maintenance and management in the Three Borough Pool. Tenants will get $600 each in rent rebates, a total of $1 million, and a new management company. While this ensures that the negative effects of such predatory and irresponsible real-estate deals will fall squarely on the private equity companies and landlords who chose to make them, we still need policy changes that address the root problem of speculation on rent-regulated housing and that address predatory equity at a systemic level.

New York’s rent laws are a key tool in our struggle against speculation and predatory equity. By limiting rent increases and insuring the right to a renewal lease, rent stabilization provides organized tenants with the protections they need to stand up to landlords who see their homes as gambling chips. We need rent laws that further limit landlords’ ability to drive low-income and working-class families out of their homes. We need to limit major-capital improvement increases, individual-apartment improvement increases, and the sneaky tools that landlords use to make bad financial deals work to the detriment of tenants. For too long, predatory equity landlords have profited by thwarting regulations. By strengthening existing laws and closing loopholes that favor landlords, we can change the predatory atmosphere that pervades the city’s housing market.

The final RGB vote is just a few days away…Monday, June 23rd! Join us as we stand up for a Rent Freeze in the lead up of the campaign for stronger rent laws.

We Need to Organize, People! By Guest Blogger, Keisha Jacobs

This post is written by Keisha Jacobs, an organizer and member of the Crown Heights Tenant Union.  Keisha acted as MC for Saturday’s march and picnic where the CHTU targeted several landlords to sign onto the CHTU demands.  For more information about CHTU, visit http://www.crownheightstenantunion.org 

keisha1

Hello and welcome. Welcome everyone. I’m so glad to see all of you here this afternoon. We are here today to show our solidarity as long standing tenants and new residents against the negative changes in our Crown Heights community. Predatory practices by banks, landlords and building management are forcing rent stabilized tenants out and overcharging new residents.

The stack of small injustices, the clerical mistakes on your rent receipt the administrative errors like cashing your rent check late. The miscommunication, repeated unreturned messages. Come on folks! You know that it looks like. They say they’re coming to FINALLY fix your sink. You take a valuable the day off only to have them never show up. Or the ceiling in your bathroom that’s coming down around your ears, but you see workmen fixing your new neighbors apartment because they pay twice as much as you do.

These things are not just oversights. It’s not incompetence.  It’s not mismanagement. This is not just a simple screw up.  It’s systemic. It’s tactical. You are being targeted.

There are speculators betting on our neighborhood, people. The predatory equity practices by the banks have placed a gamble on our homes. Our landlords have huge mortgages on the buildings we live in. Values set by appraisers using some arbitrary figures of which your rent controlled or rent stabilized apartment is not a factor. In order to cover their bets, your apartment needs to bring in a higher price. So to make up the difference they skimp on services. No heat or hot water for days during the coldest times of year. Major infrastructure items like plumbing, furnaces or water heaters don’t get repaired or replaced. The lobby and halls haven’t been painted in a decade. And repairs in your apartment go undone. All the while we are being dragged back and forth to housing court in an effort to evict us, or being harassed, or offered paltry buyouts to move us from our homes.

We need to organize, people. This is organizing. Get your neighbors together and if you haven’t already get your rent history and start your tenant association and join us.

On June 18 we will be at the Brooklyn rent guidelines board meeting at borough hall and we DEMAND A RENT FREEZE! We are here to fight. Enough is enough. Hands off our homes!

Join tenants from all over Brooklyn at Borough Hall on June 18th from 5:00 to 8:00 to demand a rent freeze!  If you’d like to travel with the Crown Heights Tenant Union, we’ll be meeting at 6:00 at Franklin and Eastern Parkway.  

Putnam Portfolio and Stuy Town: Preservation Opportunities for Affordable Housing Once Lost to Speculation

Metro North Residents at Putnam Rally, photo courtesy of Tenants & Neighbors

In recent years, speculation in the affordable housing market is an accepted fact. Real estate investment targets the homes of low income families with the express intent to make financial profit from exploiting the residents who live in these buildings. This practice has failed. Over and over again. However, this hasn’t stopped the perception that massive profits can be gained by gambling on NYC’s affordable housing stock. The question in front of our policy makers now is how will we respond to this continuing and destabilizing crisis?

Stuyvesant Town is likely the most famous affordable housing complex that was victim to the overleveraging crisis of the early to mid-2000s. This is because both it is the largest housing complex with over 11,000 apartments and the fact that in 2006 it was purchased for an astronomical price of over $6 billion. This deal was in default within 3 years. Due to the complex nature of the financing, the buildings have been in limbo since 2009, but as was reported by the New York Times, the properties are back on their way to auction, and unfortunately, there are already willing bidders preparing to speculate on the buildings again.

Although, Stuy Town is the largest and most recognizable portfolio, it is hardly the only large complex on the edge of another critical moment. The Urban American Putnam Portfolio is a group of five former Mitchell Lama projects in upper Manhattan and Roosevelt Island that comprises nearly 4,000 units of what used to be protected, affordable housing. This portfolio is, similar to Stuy Town, at risk of being flipped again. Last week, Bloomberg News rendered an accurate and clear explanation of the history of the properties and the risk the portfolio is currently facing.

To give a brief history, in the height of the housing boom the portfolio was flipped twice under business plans to remove the affordability from the project, push out lower income residents and raise rents as high as possible. Urban American purchased the buildings for $918 million, taking out an $800 million mortgage financed by Fannie Mae. Fannie Mae also took the opportunity to invest at least $60 million in equity in the portfolio (although they won’t admit it) something which seems to be in direct conflict with their mission to protect affordable housing. It should come as no surprise that this isn’t the only time they’ve invested in these types of deals. To complicate matters further, it was discovered that the City Investment Fund partnered with Urban American in this predatory deal. The City Investment Fund includes money from the New York City and New York State retirement systems; a bitter irony considering many of the residents in these Mitchell Lama projects were public workers.

This $800 million mortgage is now due, which has inspired a flurry of activity around the portfolio. Urban American is looking for a new investment partner that would help them refinance. Brookfield Properties has expressed interest in buying a stake in a $1.1 billion refinancing. This is a $182 million increase over the last purchase price, which has stretched the rents to the highest level and allowed the conditions of the properties to decline. In the event of this refinancing both the City Investment Fund and Fannie Mae would be paid off, fulfilling their fiduciary responsibility at the expense of thousands of New Yorkers’ having an affordable place to live.

It DOESN’T have to be this way. We as a City can decide that we are going to fight to preserve these homes, as well as other buildings that are victims of this crisis. We can do this without creating diminution in value to the bondholders. Here’s what we need to do:

Fannie Mae: The mortgage was due in early May. As a deal has still not been completed, Fannie Mae is in a position as holder of the defaulted debt to push for a quicker preservation deal. Fannie Mae could also commit to finance a preservation deal that would protect the affordability and commit to improving the conditions. Additionally, Fannie Mae should take responsibility for the fact it invested in this portfolio and use its equity stake as additional leverage to push for a better outcome.

City Investment Fund/Comptroller Scott Stringer: The Comptroller should support the tenants and the preservation of affordable housing by taking a stance that doesn’t ignore the impact of his predecessor’s actions. Pension funds should never have been used in a deal that puts low and moderate income tenants at risk of losing their homes. However, there is no reason why the City Investment Fund couldn’t explore the opportunity to remain invested in these properties as long as an owner steps in who commits to affordability and decent housing.

HPD and other City Agencies: This portfolio represents a substantial amount of affordable housing in Upper Manhattan and Roosevelt island, and it should have never been allowed to lose its affordability protections. HPD and the other City Agencies should explore ways to once again tie rent restrictions to these buildings through the use of tax abatements or subsidy that would (a) provide much needed capital towards repairs and (b) add regulatory agreements that would keep the buildings affordable for the residents who call them home.

Mayor de Blasio and other Elected Officials: Mayor de Blasio, Speaker Melissa Mark-Viverito and the other Elected Officials should support the residents of these properties and the need to protect these units of affordable housing, a much needed resource of affordable housing in upper Manhattan and Roosevelt Island. They also could call all the above mentioned parties to the table with the tenants to negotiate how to preserve these properties.
This is not an easy task, in fact it will be difficult and tedious and with no assurances that we can win. However, the tenants are ready to stand up and take on this fight, the only question is who will stand with them?

This is not an easy task, in fact it will be difficult and tedious and with no assurances that we can win. However, the tenants are ready to stand up and take on this fight, the only question is who will stand beside them?

Accepting Money to Leave

money

Predatory equity takes place when landlords buy buildings based on the “projected” rents of a building rather than the current ones, subsequently paying huge amounts of money for rent stabilized affordable housing.  The only way the finances will work is by forcing out long term residents and bringing in higher paying ones.  This process, also known as gentrification, is taking place in rent stabilized, affordable housing all over New York City.

Predatory landlords do everything in their power to get long terms residents to leave their apartments such as ignoring tenant rights, decreasing basic services, or offering buy-outs.  While asking tenants to accept money to leave isn’t illegal, it almost always is against the tenants’ interests.   (Check out our one-pager on how to decide whether or not to accept a buy-out)  One super at 725 4th Ave in South Slope, Brooklyn spoke with the Gothamist about his experience asking tenants to accept buy-outs to move:

“He said he was hired with a mandate to clean up the building,” so he did.  It was his job.

After the fourth of fifth [buy-out], Duarte said, “I felt like I was doing wrong,” but people kept coming, and if he wanted to keep his job and support his family, he had to continue paying out. Twenty families left in the first round…Some tell Duarte that taking a buyout was the biggest mistake of their lives. He is sympathetic, but said, “I never pushed anybody out. They asked me, and I made an offer. I hoped they didn’t take it.

Long term residents living in Crown Heights, Bushwick, and other quickly gentrifying neighborhoods have their own stories of being offered buy-outs.  Most often than not, tenants who accept money to leave will have a hard time finding a new apartment in the neighborhood in a similar price range.  Families and communities are uprooted.  Furthermore, each time a family leaves, the price of an apartment unit increases, and the precious stock of affordable housing diminishes.

This crisis is not just a trendy Brooklyn one.  At 836 Faile St. in Hunts Point, tenants have been offered $3,000 to move out of their rent stabilized homes! (Likely this is to produce a cluster-site homeless shelter and allow private developers to profit off of evicting long term residents and exploiting the homeless crisis).

The more tenants understand their rights and the pros and cons of accepting buy-outs, the more they are determined to fight for their homes.  To learn about how to fight back against predatory landlords, come out to the Crown Heights Tenant Union meetings every 3rd Thursday of the month at 7:00 pm at the Center for Nursing the Rehabilitation.

Council Members Ritchie Torres, Brad Lander, Antonio Reynoso, Helen Rosenthal, Inez Barron Tenants, and Advocates Stand United against Predatory Equity: Call for responsible disposition of more than 1500 apartments currently in foreclosure.

Council Members Antonio Reynoso and Ritchie Torres with UHAB Executive Director Andrew Reicher. Photo from Council Member Brad Lander.

Council Members Antonio Reynoso and Ritchie Torres with UHAB Executive Director Andrew Reicher. Photo from Council Member Brad Lander.

For Immediate Release: March 18, 2014

City Hall — Elected leaders including City Council members Ritchie Torres, Brad Lander, Antonio Reynoso, Helen Rosenthal, and Inez Barron are joining tenants from 42 affordable buildings spread across Manhattan, Brooklyn, and the Bronx and calling on the mortgage holder and the City to negotiate a deal that would end tenants’ suffering. The rent-regulated and HUD subsidized portfolio, known as the Three Borough Pool, is in foreclosure due to irresponsible financial practices called “predatory equity.” Housing advocates across the city, including Banana Kelly Community Improvement Association, CASA New Settlement Apartments, New York Communities for Change, Northwest Bronx Community and Clergy Coalition, Pratt Area Community Council, Tenants and Neighbors, and the Urban Homesteading Assistance Board are assisting residents in their fight to secure the portfolio as affordable housing.

Predatory equity is a disturbing trend that occurs when investors purchase and grossly over-leverage rent regulated housing with the expectation of huge returns. In order to realize financial gains, property owners attempt to illegally raise rents and reduce maintenance and operating costs. This harmful cycle leads to the displacement of low-income families, deterioration of buildings, and the loss of much needed affordable housing.

Advocates say that the Three Borough Pool is emblematic of the problems of predatory equity. In 2007, a private equity joint venture (Normandy Real Estate, Vantage Properties, Westbrook Partners, and David Kramer) packaged the 42 buildings into one portfolio with a $133 million loan. By 2010 the mortgage (now part of a much larger commercial mortgage backed security) was in default. LNR, the mortgage servicer for the security, began foreclosure proceedings in April of 2013. LNR has given the owners until April 2nd to come up with a refinancing plan that would take the buildings out of foreclosure. However, tenants and advocates hope to use the foreclosure as a juncture to transfer the properties to another owner entirely.

“We’re here today to urge any and all financial institutions not to refinance with David Kramer/Colonial Management, Normandy Real Estate, Vantage Properties and Westbrook Management,” said Benjamin Warren, Tenant Association President of 1511-1521 Sheridan Avenue. “Myself and the other residents of this portfolio know what we deserve, and it is not the carelessness of these self-interested corporations. We look forward to better days without these groups.”

The buildings are physically collapsing under the weight of an enormous mortgage. There are over 2,700 HPD violations in the portfolio. Three of the buildings are in City’s Alternative Enforcement Program, an initiative that targets 200 of the most distressed buildings in the City. Tenants, advocates and elected officials are calling on LNR Property to negotiate with the City and transfer the properties to a responsible developer who will bring the buildings back to safe condition and keep them affordable for the families who call them home.

“These guys took $133 million from the bank and not one dime has gone into taking care of the buildings we live in,” said Debra Cooper, a tenant leader at 711 Fairmount Place. “We live with constant leaks. I regularly don’t have heat or hot water. We have no mail boxes and can’t get our mail. Enough is enough. If David Kramer and his friends aren’t going to take care of our homes, it’s time they are sold to someone who can. It’s past time.”

Some members of the City Council used the situation in the Three Borough Pool to call on the City administration to renew its pledge to fight financial speculation on affordable housing. Elected officials believe that one way to dissuade investors from speculative behavior is through expanding City programs like the Alternative Enforcement Program and the Proactive Preservation Program. These programs allow the City to more closely monitor buildings in physical and/or financial distress. Officials are also considering legislation to create a “watch list” of property owners who engage in predatory equity.

“Affordable housing exists to ease the burden on middle and low income New Yorkers who are looking for a decent standard of living,” said Council Speaker Melissa Mark-Viverito. “This situation highlights the need for further oversight to prevent affordable housing from being undermined by speculative and predatory equity practices in the future.”

“The loss of affordable housing to the practice of predatory equity has created a crisis in our communities that will only become more severe if we fail to take action,” said Councilmember Ritchie Torres, Chair of the Committee on Public Housing. “These properties belong in the hands of new, responsible owners, committed to their preservation and long-term affordability. As a concrete step to address these abuses I have proposed legislation that would create a publically accessible watch list of property owners that engage in this negligent and abusive practice.”

“What these predatory investors are doing is simply unconscionable; everyone in this city deserves a safe, affordable, and well-maintained place to call home,” said Council Member and Bronx delegation leader Annabel Palma. “The administration must take aggressive action against these irresponsible owners and make good on its promise to preserve the city’s affordable housing stock.”

“No one should live in an apartment with mold, water damage or rusted, broken pipes in New York City. It’s time to close the gap between the rights of tenants and obligations of property owners. When homeowners across the country were facing foreclosure because the banking industry had gone rogue, the federal government stepped in to regulate the industry and offer financial assistance through the HAMP modification program. Tenants are no less important than property owners,” said Council Member Mark Levine. “It’s time for the City to step in to empower tenants and to put an end to these abuses. No one’s quality of life should be diminished because of negligent slumlords.”

“Predatory private equity is sucking the life out of our communities, leaving buildings vacant and in decay across New York City. Thousands of long time, hard working residents will be forced from their homes and this is unacceptable,” said Council Member Ydanis Rodriguez. “The city must step in to save these tenants or else this disturbing trend will continue wreaking havoc in our most vulnerable communities. Going forward, the state needs to put safeguards in place to prevent these practices because in every scenario, NYC residents and taxpayers are losing.”

“Today I’m proud to stand with the tenants of the Three Borough Pool. Predatory lending is rooted in disingenuous dealings and tenant harassment, practices that have allowed building owners to shed affordable housing in the race for greater profits, said Council Member Helen Rosenthal. “On the Upper West Side, advocates and tenant leaders have stood firm against speculators like Meyer Orbach whose portfolio includes 25 buildings located between West 106th and West 109th Street. Like the investors behind the Three Borough Pool, The Orbach group has used frivolous litigation and intimidation tactics to push long-term rent regulated tenants from their homes and strip regulated apartments of their affordability through vacancy decontrol. These actions are unconscionable and we must call on every available recourse in our city government to help tenants save their buildings, protect their homes, and preserve their quality of life.”

“Together, we have the opportunity to ensure that over 1,500 families live free from bad conditions, harassment, speculation and fear,” said Sheila Garcia, an organizer at CASA New Settlement Apartments. “Tenants across these buildings want a landlord who will follow the laws and listen to their concerns. Tenants across these buildings have raised families and built communities that we cannot let be destroyed, period, but especially not in the name of speculation.”

“Brooklyn tenants living in HUD subsidized buildings that are part of this foreclosure pool have had enough,” said Jon Furlong, Assistant Organizing Director at the Pratt Area Community Council (PACC). “PACC is proud to stand with the tenants from ALL the affected buildings to ensure they get the repairs and services they deserve. We must continue working together to prevent this type of speculation in multi-family buildings.”

“We’re pleased to see the City Council standing with Three Borough Pool tenants in their fight for a better deal,” said Kerri White, Director of Organizing and Policy at the Urban Homesteading Assistance Board. “However, as a City, we need to figure out ways we can stem speculation on affordable housing in the first place. Tenants shouldn’t have to suffer for years and face foreclosure, waiting for the opportunity to fight for something better.”

###

Follow

Get every new post delivered to your Inbox.

Join 1,120 other followers

%d bloggers like this: