THE ASSEMBLY CHAIR Committee on Correction Codes Subcommittee on STATE OF EW Criminal Procedure ALBANY COMMITTEES Codes Education Environmental Conservation DANIEL - - Judrcrary 9 here Asse by Tourism, Parks, Arts and 69?h Assembly District September 17, 2014 Sports DeV?'?pmem Current Resident 945 West End Avenue, Apt. 1A New York, NY 10025 Dear Current Resident, A number of serious issues that affect the residents of 945 West End Avenue were brought to my attention in an anonymous letter. In an effort to resolve those issues, I wrote to Bureau Chief Gregory Fewer, head of the Tenant Protection Unit at the New York State Division of Housing and Community Renewal (DHCR). I have enclosed copies of both my letter and the response I received from Mr. Fewer for your review. At my urging, the DHCR expedited an investigation of the allegations made in the anonymous letter. It was found that your landlord has received tax abatement since 2005 and that he will continue to receive that bene?t until 2019. While bene?ting from that tax abatement, your landlord is required to issue rent stabilized leases to all leaseholders residing at 945 West End Avenue, even to those whose apartments were previously deregulated. The investigation revealed that there are leaseholders in your building whose apartments are not registered as rent stabilized and may have been issued market?rate (sometimes referred to as unregulated) leases. Mr. Fewer?s office has now directed your landlord to issue rent stabilized leases to all leaseholders who reside at 945 West End Avenue. Please reach out to my of?ce? housing specialist, Ms. Joyce Goodman, if the first page of your lease does not contain a caption in bold letters designating it as subject to the rent stabilization law. Rent stabilization gives you and your family rights that are not afforded to market-rate tenants, including an automatic right to a renewal lease at the end of each lease term, rent mcreases that are limited to those authorized by the New York City Rent Guidelines Board (RGB), and succession rights to the apartment for your family members who meet certain speci?ed criteria. The anonymous letter received from your neighbor also reported that a number of tenants in your building are being harassed by your landlord. Unfortunately, without a specific complaint filed by a named tenant, DHCR is unable to take any action on these issues. If you believe you are among those who are being unfairly targeted, I hope you will contact my of?ce directly at (212) 866?3970. I look forward to hearing from you and working on your behalf to ensure that all of us can continue to live, enjoy, and contribute to our COMunity. ery truly yours, ow Daniel O?Donnell Assembly Member Encl. DOD 65 0 DISTRICT OFFICE: 245 West 104'h Street, New York, New York 10025 212-866-3970, Fax: 212-864-1095 Cl ALBANY OFFICE: Room 526, Legislative Office Building, Albany, New York 12248 - 518-455-5603. Fax: 518-455-3812 E-mail Address: odonnelld@assembly.state.ny.us Andrew M. Cuomo Governor Darryl C. Towns Commissioner New York State Homes and Community Renewal 8 Tenant Protection Unit Gertz Plaza 92-31 Union Hall Street Jamaica, NY 11433 August 14, 2014 Paul Bogoni Realty Company 945 West End Avenue New York, NY 10025 J-SI Tax Abatement Registration Notice Subject Building: 945 West End Ave. New York, NY 10025 Dear Mr. Bogoni: In 2012, Governor Andrew M. Cuomo created the Tenant Protection Unit (TPU), a unit within New York State Homes and Community Renewal (DHCR), to proactively increase and enforce compliance with New York State?s rent laws. As a condition of receiving a .I-5l tax abatement for a residential rehabilitation, owners of buildings receiving such abatements must register those buildings and units as rent regulated. Buildings receiving these abatements are also subject to all the applicable rules and regulations for rent regulated buildings and units. Pursuant to Roberts v. Tishman Speyer Props, L.P., l3 270 (2009), beneficiaries ofthe J-SI program are precluded from using the Rent Stabilization Law?s "high rent" or "high income" exclusions to deregulate their rent-stabilized apartments. ln Roberts, the Court of Appeals further determined that the receipt of J-SI tax benefits subjects all apartments to rent stabilization, as landlords who receive .l-Sl tax bene?ts agree to be governed by rent regulatory statutes. The rent registration information on record with DHCR indicates that the above?referenced building has been receiving a J?5l Tax Abatement from 2005 to the present. records further indicate that the above-referenced building contains numerous units that were once registered with DHCR as rent regulated, but no longer are. According to our records, these apartments are: 3A, SB, 30, 4D, 5A, 8A, 90, and 100. The law requires you to register those units with DHCR immediately. The Amended Annual Registration Summary Form and the Annual Apartment Registration Form, for the building and the individual apartments respectively. can be found at My x. -: i. in addition to registering those apartments, you are also required to provide rent stabilized leases to every tenant residing in your building as well as notice to those tenants indicating that their apartment is rent stabilized. Please attach this letter and the completed originals of the aforementioned documents and mail both to: Administration Rent Regulation Department, New York State Homes and Community Renewal, Hampton Plaza, Rm. 5055, 38-40 State Street, Albany, NY 12207. Please note, this letter will act as the necessary "administrative determination" requirement for amending and registering your building and its apartments. Furthermore, please submit copies of all building and apartment registration documents and a copy of every rent stabilizaed lease to?: Tenant Protection Unit, New York State Homes and Community Renewal, Gertz Plaza, 92?31 Union Hall Street, Jamaica, NY 11433, Attention: Gregory C. Fewer, or electronically to "ml .. DANIEL Member of Assembly 69?n Assembly District THE ASSEMBLY STATE OF NEW YORK ALBANY July 14, 2014 New York State Homes and Community Renewal Division of Housing and Community Renewal Tenant Protection Unit (Eertz Plaza 9231 Union Hall Street Jamaica, New York 11433 Dear Bureau Chief Fewer, CHAIR 0n Correction Codes Subcommittee on Procedure COMMITTEES Codes Education Environmental Conservation Judlcrary Tourism, Parks. Arts and Sports Development 1 am writing in reference to an anonymous report sent to you on May 20, 2014 concerning a building in my district, 945 \Vest End Avenue. The letter (attached) has some serious allegations concerning abuse of the rent stabilization code and harassment of tenants. I am requesting that you expedite the investigation of this complaint and keep me updated as to your ?ndings. lo reiterate the concerns of the letter: 1) 7 3) [Mfga/ building has a J51 tax abatement, but units are not under rent regulation. According to the Manhattan list from May 2013, the building, dba 941 West End Avenue, has a (see attached sheet). The letter from a resident of the building details the various units in the building that appear to be unregulated despite this fact. I lamrrmelzl?the letter alleges that rent stabilized tenants are harassed and intimidated. letter alleges that the landlord does not rent to African Americans, Muslims andlews. Affordable housing helps to build more stable communities, relieves stress within families, and allows people to save for life?s inevitable emergencies. As rent stabilized units are lost, there are fewer and fewer affordable housing options for low and middle?income New Yorkers. I?ve seen this first hand in my district and want to ensure that no illegal activities are taking place to de?regulate apartments and displace long term residents. Thank you in advance for investigating this matter and keeping me abreast of the outcome. Room tealzauvet Very truly yours, Daniel O?Donnell Assembly Member 24") West 1.04" ?Sheet. New ?r?ork, New "York H1025 0 fix 864?1095 Buriqu fli'narw. 1 - I 1.3740. Pix era 455-3812 "131i Address; 'aisiamnz?y state "Iv us