In The Press
Battle Looms After City Approves
IPN Sale
By Ronald Drenger Reprinted
with permission from The
Tribeca Trib, June 2003
The city’s approval last month of the sale of Independence Plaza
sets the stage for what will probably be a protracted struggle between
the new owner, Larry Gluck, and the IPN Tenants Association.
The approval by the Department of Housing Preservation and Development
clears the way for Gluck to move to withdraw IPN from the government’s
Mitchell-Lama housing program, while the tenants hope to stymie that plan.
HPD said that it had examined Gluck’s background and his history
as a landlord. “After an extensive investigation, HPD did not uncover
any negative findings,” the agency said.
Steve Vitoff, vice president of the Marino Group, the public relations
firm that Gluck hired several months ago, declined to say when Gluck would
finalize the purchase from Harold Cohn and Duane Street Associates. After
he assumes ownership, Gluck plans to apply to HPD to withdraw, or buy
out, from the Mitchell-Lama program, which keeps rents at IPN’s
1,330 apartments below market levels.
Owners must give at least a year’s notice of their intention to
buy out, so no change in IPN’s status can occur until at least early
next summer.
The tenant association last month continued its campaign to counter
Gluck’s buyout plan, which tenants fear will lead to unaffordable
rents. Neil Fabricant, the association’s president, and tenant attorneys
met with City Council Speaker Gifford Miller to discuss proposed legislation
to create new regulatory hurdles for Mitchell-Lama owners buying out.
But Miller has not indicated whether he will back the bill.
“We support finding a way, through legislation or otherwise, to
protect the tenants of Independence Plaza as well as of other Mitchell
Lama developments facing buyouts,” Miller told the Trib through
a spokesman.
IPN leaders also sought support from the Bloomberg administration at
a May 23 meeting with Daniel Doctoroff, deputy mayor for economic development.
“He said the administration would take an active role in assuring
what he referred to as a ‘fair outcome,’” Fabricant
said of Doctoroff. “But the jury is still out.”
The tenant association is trying to assemble financing for its own purchase
of IPN, which would let residents purchase their homes or maintain low
rents. Fabricant said that the tenants could offer Gluck fair market value
and even leave him with a small profit, but the association has not found
a way to get its deal considered.
HPD and Gluck have sought to reassure IPN tenants, saying that after
a buyout, about two-thirds of them will be eligible for federal rent subsidies,
known as “sticky vouchers,” that cover the difference between
Mitchell-Lama-equivalent rents and market rents. For other tenants, Gluck
and HPD say, the owner will negotiate reasonable rent increases.
Tenants earning up to 95 percent of a government-set median income level
would be eligible for vouchers. Curently, a single person earning up to
$41,800, a two-person household making up to $47,750 and a family of four
earning up to $59,660 would qualify.
But the tenant association says that government funding for the vouchers
might be cut, that too many tenants would be unprotected by them, and
that rent increases negotiated in other Mitchell-Lama buyouts were too
steep.
In the meantime, at Park West Village, a rent-stabilized complex on
the upper west side that Gluck and a partner, Joseph Chetrit, purchased
in 2000, tenants have filed 28 complaints with the state claiming that
the owners were overcharging on rents. The owners exaggerated the amounts
they spent to renovate vacant apartments so that they could remove the
units from rent stablization protection, the tenants said.
So far, the State Department of Housing and Community Renewal has ruled
for the tenants in 17 cases and for the owners in one, and eight decisions
are pending (two cases were withdrawn), according to Randall Sawyer, a
DHCR spokesman.
DHCR has also “opened a fraud investigation to determine if a
pattern exists or if any knowing violations of rent laws has occurred,”
Sawyer said.
Park West Village tenants last month also ended a 13-month rent strike
over chronically broken elevators after the elevators were finally fixed,
according to tenant association president Vivian Dee. Gluck, who has a
22-percent ownership interest in Park West Village and a 35-percent interest
in its management company, according to HPD, has said that he is only
minimally involved in the complex.
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