Settlement + Stabilization Updates

Posted on by Honey Berk

CLASS ACTION SETTLEMENT UPDATE

Our August 28 Newsletter reported that the notice of entry of the Court’s judgment approving the class action settlement was served on August 6, which should have meant that the settlement would have become final 30 days thereafter – that is, the day after Labor Day.  However, because of Gov. Cuomo’s COVID-19 Executive Orders, all court deadlines were suspended until November 4.  As a result, the class action will not become final until December 4.  Settlement credits are required to be posted to tenants’ rent accounts within 60 days of settlement finality, or by February 3.  We understand that the settlement administrator may move more quickly than that.  Gateway Management has informed us that they hope that the settlement credits will appear on the January or February rent bills.

If you would like get the most up to date information about the class action settlement, please see the settlement website:  https://www.gatewayplazasettlement.com, or contact class counsel, Jeffrey Norton, JNorton@nfllp.com, (212) 619-5400.

RENT STABILIZATION UPDATE

Now that HUD has signed off on the QRS Agreement, GPTA has been  told  that  all QRS tenants, who received 5% increases prior to the new stabilization agreement, have received credit for the overpayment as of this December billing cycle.

Tenant Survey to Collect Info About Pandemic-Related Effects on Rent Payments and About Lease Renewals

Posted on by Honey Berk

GPTA asks you to please take a moment and fill out this important survey as soon as you possibly can.

SURVEY LINK: https://forms.gle/MCnspGYuAXEcoUYF7

The data from this survey will help us and our elected officials better understand the impact of the past five months on our Gateway community, for both rent stabilized and market rate tenants. We need information from residents about the financial effects of the pandemic on the ability to pay rent. We are also interested in knowing more about your lease and renewal status

Please assist us by providing responses to the following questions. You can provide personal information if you wish, but you can answer anonymously as well. GPTA will keep all identifying information confidential. (One entry per household, please.)

We are taking action but we need this information. Please participate!

Thank you for your support,

Resources for Tenants Suffering Financial Hardship

Posted on by Honey Berk

The following resources were recommended to GPTA by Sen. Brian Kavanagh’s office:

Legal Aid Society 
Website: legalaidnyc.org
Manhattan: 212-426-3000
Brooklyn: 718-722-3100

Legal Services 
Website: legalservicesnyc.org
Monday through Friday from 10am to 4pm, call general intake line: 917-661-4500
Will be referred to borough-based offices

New York Legal Assistance Group (NYLAG)
Website: nylag.org

For tenants with housing issues, call: 212.613.5000
Monday 9:00 am – 3:00 pm

Following is a list of other Manhattan legal providers that the senator’s office refers constituents to on a regular basis, though we have been told that many of their services are available across all five boroughs. Contact info can be found on their respective websites.

Lease Info for Rent Stabilized Tenants

Posted on by Honey Berk

Please be advised that lease renewals being sent to “stabilized” tenants do not reflect the increases recently approved by the Battery Park City Authority and Gateway management. The new rates will be included in the renewals once HUD has approved the agreement.  We do not have a time-line for HUD approval, but we understand that the application for HUD approval has been made. 

In the meantime, we have learned from residents that Management has advised them to sign the non-stabilized offers that they have received and that tenant accounts will be adjusted, including credits for any money overpaid, once the new stabilization agreement has been approved by HUD.

GPTA will be following up and reporting once we have more information. 

Rent Stabilization Deal Announced!

Posted on by Honey Berk

The Gateway Plaza Tenants Association (GPTA) is pleased to report that the Battery Park City Authority (BPCA) and the Gateway Plaza landlord (Marina Towers) have reached an agreement to extend rent protections for the tenants who had been covered by the prior rent stabilization agreement that expired on June 30.  The new deal is not perfect, but it continues significant protections to those long-term tenants who have lived at Gateway since 2009.

The new agreement will be retroactive to July 1 and it provides a right of lease renewal at fixed rates for 10 years, to June 30, 2030.  Unlike the prior agreements, the new agreement does not reference the NYC Rent Stabilization Guidelines.  Instead, covered tenants will be offered one-year renewals at a maximum increase of 2.5%, and two-year renewals at a maximum increase of 3.78125%.  The one-year 2.5% figure is greater than the current and recent-past NYC Rent Stabilization Guidelines rates, but is roughly equal to the 20-year average NYC Rent Stabilization Guidelines rates since 2000.

While we are glad that a new rent protection deal has been reached, we are disappointed that the deal did not provide stabilization for all current tenants.  We are also disappointed by the decision to permit annual rent increases for “stabilized” tenants based on fixed percentage rates, even though those percentages may be based on averages of past Rent Stabilization Guidelines rates.  The NYC Rent Guidelines Board takes account of current economic conditions in setting its rates.  Even though Rent Guidelines Board renewal rates in the last 20 years have sometimes been as high as 4.5%, Rent Guidelines Board renewal rates in recent years have been below 2.5% and in fact are 0% for the coming year, due to the pandemic.  Notwithstanding the new agreement’s 2.5% rent cap, GPTA believes that during the coming pandemic year all Gateway tenants should be offered renewals at 0%. There are many Gateway tenants who are suffering job and income loss due to the pandemic; they will be particularly hard hit by any rent increase at this time.

Although imperfect, the new rent protection agreement is a step in preserving housing affordability for those covered by the agreement.  GPTA expresses its thanks for the hard work and determination of the BPCA negotiation team in completing a new deal. We also want to express our appreciation to our elected officials, including Congressman Jerry Nadler, Comptroller Scott Stringer, State Senator Brian Kavanagh, Assembly Member Yuh-Line Niou, Borough President Gale Brewer and City Council Member Margaret Chin for their long advocacy in support of Gateway’s residents.

GPTA Newsletter 6

Posted on by Honey Berk

Dear Neighbors,

We hope you and your loved ones are staying healthy.  

Before we go into our updates, we want to address concerns voiced by some tenants that they have not heard from us. There are two (2) ways we distribute information.  First, you would have received this newsletter by email because you had provided us with your email address at some point. If you know of any neighbors not receiving our newsletter, please forward this to them or have them email us at gatewayplazata@gmail.com to get on the distribution list. And second, you can always come here to our website. We update the website as helpful information comes in.  It is important that residents regularly check the website for the most up to date information. 

RENT STABILIZATION UPDATE
As most of you know the current Rent Stabilization Agreement expires tomorrow, Tuesday, June 30th.   We know this is very distressing especially in these uncertain times.  We have been working diligently to push towards an agreement.  As we have mentioned in previous notes, the negotiations are between BPCA and Marina Towers, the Gateway landlord, and they are protected by a Non-Disclosure Agreement.   However, as a result of our engagement with BPCA and the  elected officials, we can provide this information:

  • We are in regular communication with BPCA as to the importance of reaching an agreement ASAP.  During our last meeting on Friday, we were once again informed that BPCA and Marina Towers are in active negotiations for an extension of the agreement.  
  • BPCA issued a public statement on June 11th (which we conveyed to our email lists and posted on our website) that states both sides are committed to negotiating an extension and if the extension agreement is completed after June 30th, it will be retroactive.  Retroactivity is an important element that GPTA has strongly urged be included since many rent stabilized tenants have had to sign leases without their former protections.  (see gpta.org for more information regarding leases that expire after July 31st and August 31st)
  • GPTA has reached out to Governor Cuomo to urge his office to press for the conclusion of the rent stabilization extension.
  • GPTA continues to work closely with our elected officials- Congressman Nadler, City Comptroller Stringer, Manhattan Borough President Brewer, State Senator Kavanagh, NYS Assembly Member Niou and NYC Council Member Chin. Most recently they have sent a joint letter to Marina Towers and BPCA to push for a conclusion to the agreement.  
  • GPTA has been informed that BPCA as well as the elected officials have been in contact with the Governor’s office. 

While we remain hopeful that an agreement between BPCA and Marina Towers will be reached, it is quite possible that it will occur after the expiration of the existing agreement.  We encourage our members to continue (indeed redouble) their emails to our elected officials including Governor Cuomo of the importance of signing off on an agreement. You will find the elected officials addresses at the end of this newsletter.

COMMUNITY BOARD ONE
GPTA congratulates Gateway resident, Tammy Meltzer, on her election as Chair of Community Board 1. Tammy served on the GPTA Board in the past and we have no doubt that she will continue to be a great advocate for our community.

WEAR YOUR MASK
Whenever we leave our apartments to go to the lobby, laundry room or outside we must wear a mask.  Please understand that wearing a mask protects you and saves others.  If you need a mask or if you know of anyone who needs one Email gatewayplazata@gmail.GPTA recently passed out surgical masks that were provided by the Manhattan Borough President, Gale Brewer, for our residents. We have some left so reach out to us if you need one. 

STAY INFORMED…STAY IN TOUCH
We invite all residents to join GPTA ($25 per household per calendar year) and follow us on our social media to stay informed.  Our website will be updated with useful information for our residents. Our email is below to stay in touch. 

Website: gpta.org
Facebook: Gateway Plaza Tenants Association
To post on our FB page:

  • Like our page (not simply a post or a picture on the page.)
  • Click on “Post”. The “Post” option appears on the same row and to the right of “Home” and “About”.

Twitter: @GPTA_BPC
Email: gatewayplazata@gmail.com

LINKS THAT MAY BE OF INTEREST
New York Coronavirus Hotline
New York State has established a helpline for employees to report their employer if they believe they are not following proper PPE, hygiene, and social distancing guidelines. Employees can call (888) 364-3065.

Testing Sites in NYC
All New Yorkers are now eligible for free COVID testing, regardless of whether or not you have symptoms or are at an increased risk. Click here for more information and to find a testing center.

The New York State Department of Health has created a map where individuals can find all of the State run testing sites. To find a New York City Health + Hospitals testing site, click here.

Plans for Pets
As a reminder, the Animal Care Centers of New York is encouraging pet owners to have a plan in place for your pet in case you need to go to the hospital. If you are in need of assistance, you can all call the NYC COVID-19 Pet Hotline seven days a week, from 8:00 AM-8:00 PM at (877) 204-8821.

For emergency preparedness advice during COVID-19, please refer to NYC Office of Emergency Management’s website.

For Seniors and At-risk Neighbors
PSS COVID-19 Resource Guide
PSS, an organization dedicated to strengthening the capacity of older New Yorkers, has created a Resource Guide. This guide contains legal assistance, resources for caregivers, and more. Additionally, they are hosting a number of virtual events on topics ranging from chair yoga, support groups, managing bills, and more. For more information and to register, click here.

PSS also has a caregiver support program, entitled Circle of Care. Through this program, PSS will provide free personalized support through a Care Consultant.

VNSNY CHOICE
VNSNY CHOICE, part of the Visiting Nurse Service of New York, is launching a series of online classes and workshops. They have partnered with community groups, including local community centers, senior advocacy groups and health and wellness experts to deliver these programs. The first event is an online exercise class on Tuesday, June 23rd from 10:00 AM-11:00 AM. For more VSNY Choice events, click here.

SAGE
SAGE, a DFTA-funded senior center dedicated to LGBTQ+ seniors is holding virtual programming for seniors throughout the month of June. Programming includes classes, social hours, discussion groups, workshops, art therapy, and physical activity. The calendar for virtual events can be found here.

Senior Strong NYC
The Grey Panthers and the Florence Belsky Charitable Foundation, through their program, Senior Strong NYC, have created a list of resources for seniors during this pandemic. Individuals can find information relating to how to cope with anxiety, avoiding scams, and how to access food and supplies.

LiveOn NY
LiveOn NY is an Authorized Enroller for the GetFoodNYC program and able to register New Yorkers for home delivered meals. For those in need of home delivered meals, please reach out to their Benefits Outreach program number by calling (212) 398-5045.

Free Financial Counseling
NYC Financial Empowerment Center is providing free one-on-one financial counseling. Counselors can help individuals develop a strategy to minimize debt, access federal, state, and local resources, receive student loan debt tips, and more.

The Met Council is continuing to offer services throughout this pandemic. By calling (929) 292-9261, individuals can access free tax filings, emergency home repairs for seniors, food access, and more. Additionally, if you or someone you know is a victim of domestic violence, the Met Council’s hotline is open and available to provide confidential help. You can reach the hotline by calling (212) 453-9618.

Meal Hubs
The NYC Department of Education (DOE)  is committed to making free meals available daily for any New Yorker. Any New Yorker who wants one, can get free meals at more than 400 Meal Hubs across the city. Vegetarian, Halal and Kosher options are available. For more information and to find a location near you, please click here. In Battery Park City, free meals are available at PS276, 55 Battery Place.

Through the GetFood NYC website, individuals and families can find information regarding free food locations, recipes for cooking at home, food delivery programs, how to report an issue with a delivery, and more.

DOE Updates
As the school year comes to a close, the Department of Education (DOE) has launched an anonymous survey to help them understand what is important to families as preparations begin to reopen in the fall. Parents and guardians may complete the Return to 2020 Survey here. Similarly, Students may complete the Return to 2020 Survey here.

Click here to read the full letter from Chancellor Carranza, plus a FAQ section on what a return to school would look like.

FOR TENANTS
Eviction Free NYC!
Despite the eviction moratorium in place in NYS due to COVID-19, Eviction Free NYC! Is still available to assist tenants in responding to an eviction notice and connecting them with available resources. Click here for more information.

Met Council on Housing
The Met Council on Housing’s hotline for Tenant’s Rights is still available for tenants. This hotline is free and open to any tenant living in New York City. For assistance, call (212) 979-0611 at the day and times below:

  • Monday, 1:30 PM-8:00 PM
  • Tuesday, 5:30 PM-8:00 PM
  • Wednesday, 1:30 PM-8:00 PM
  • Friday, 1:30 PM-5:00 PM

Click here for additional information, including an FAQ section.

LOCAL REPRESENTATIVES’ CONTACT INFORMATION

We wish you good health and strength during this challenging time.

GPTA

Rosalie, Robin, Jeff, Bruce, Karlene, Honey, Sarah, Pat, Howard, Audrey, Larry, Steve, Denise

NYC Curfew FAQ

Posted on by Honey Berk

Following is a list frequently asked questions about the curfew order imposed on NYC starting June 1, 2020, as supplied by the Community Affairs Unit of the Office of the Mayor.

I am an essential worker. Can I travel to my job?
Yes, workers who are performing essential work are permitted to travel to/from work and to be in public while performing their job duties. Essential work is work that is permitted under ESDC guidance.

I am a health care worker. Can I go to work?
Yes. Health care workers are essential under ESDC guidance.

I work for the City. Can I go to work during the curfew?
Yes.

I am a member of the press. Can I be in public during the curfew?
Yes, if you are performing your job. News media are essential under ESDC guidance.

Can restaurants make deliveries during the curfew?
Yes. Food deliveries are essential under the ESDC guidance.

Can my 24-hour grocery store stay open? Can my 24-hour grocery store receive deliveries during the curfew?
Yes. Essential businesses may remain open. The curfew only bars people who are not performing essential work from being in public from 8pm to 5am.

Will public transportation and for-hire vehicles be available during the curfew?
Yes. Transportation infrastructure such as bus, rail, and for-hire vehicles are essential under the ESDC guidance.

I am an essential worker. Can I stop by the deli/grocery/etc. to pick up food during my meal break?
Yes. If you are an essential worker and your meal break falls at some point between 8pm and 5am, you can pick up food from an essential business that sells food such as a restaurant or grocery store.

I am an essential worker who just got off work. Can I travel anywhere other than my home?
During the hours of 8pm and 5am, you are only permitted to travel from your home to your place of work and back home. However, if necessary, you may also stop to obtain medical supplies/prescriptions before and/or
after work.

I am an essential worker going to/from work. What sort of ID must I show if I am stopped?
There are no specific requirements for ID. A work ID, a business card, any other official documents, or even a work uniform will suffice to show that you are an essential worker.

I work in a non-essential industry/business. Can I travel to/from my workplace? Can I perform my work in public?
No.

I need medical attention during the curfew. May I leave to seek treatment?
Yes. You can and should seek medical treatment or supplies during the curfew.

I need emergency medical treatment during the curfew, what should I do?
Call 911. EMTs and first responders will continue to operate as usual.

Can I take my dog outside to use the bathroom?
Yes, but only in the immediate vicinity of your residence. Dogs should be exercised outside of curfew hours.

What happens if I violate this curfew?
We fully expect that all New Yorkers will cooperate in the interest of public safety. For the very few individuals that refuse to cooperate and do not fall within the exempted categories, they will be given every opportunity to return home. Only if an individual continuously refuses to do so will additional enforcement action be considered, including but not limited to fines.

Rent Stabilization Update

Posted on by Honey Berk

As you know, the current agreement expires June 30, and our hope and expectation is that an extension agreement will be concluded before that date. The GPTA rent stabilization team has been pushing for a resolution for the rent stabilization deal NOW, considering that the existing agreement expires shortly.  We’ve pressed this point in recent days with numerous calls, texts and emails and conversations with our elected officials and/or their staffs and with BPCA President BJ Jones and V.P. Nick Sbordone.  Most recently, on Saturday, May 23, we had a conversation with BJ Jones, who provided an update on the status. While the QRS negations are subject to a non-disclosure agreement that constrains the amount of information that Mr. Jones can share with us, our between-the-lines take-away from this most recent phone conversation is that a rent stabilization deal seems very close.  However, it is unlikely that a deal will occur until June.  In terms of scope of the new agreement, we believe that, at a minimum, it will cover all currently-stabilized tenants for a multi-year period into the future.  Beyond that basic outline, we will need to await the final agreement.

Currently-stabilized tenants whose leases expire after July 31 and August 31 have been offered renewals at increases greater than those stated in the NYC Rent Stabilization Guidelines.  GPTA has strongly advocated to BPCA and to our elected officials that any extension of the rent stabilization agreement should retroactively adjust any renewals that may have been signed by tenants before the extension agreement is finalized so that those renewals conform to rent stabilization increases. Although such retroactive treatment is our objective, until a rent stabilization extension agreement is achieved, we cannot predict what its terms will be.

As a result, tenants receiving a lease renewal offer today should be mindful of the deadline for responding to the offers and make a decision on whether to accept the offer within the stated deadline. Although the recent renewal offers appear to state that the response period for accepting a renewal is 30 days from receipt of the offer, Gateway Management has informed tenants who have inquired about the deadline that the deadline is in fact 30 days prior to lease expiration. For example, Management has stated that July 1 is the renewal response deadline for leases expiring July 31. We suggest that tenants who have questions about the renewal offer response deadline should contact Gateway Management.

GPTA is not advising tenants on how they should respond to renewal offers, but we note that it is likely that, if there is going to be an extension of rent stabilization, that extension will be agreed before July.

As soon as we have anything more concrete to offer, we will post an update here on our website and send an email blast to our mailing list.

NYS Guidance for Using Security Deposit for Payment of Rent

Posted on by Honey Berk

The following information is from NYS Executive Order No. 202.28 , which at least through June 6, 2020 suspends Sections 7-103, 7-107 and 7-108 of the General Obligation Law of the City of New York to allow landlords such as Lefrak and the tenants in Gateway to do the following:

  1. If a tenant approaches Lefrak and asks to have his/her security deposit (and any interest accrued on the deposit) used to cover all or part of any rent that is in arrears (i.e. past due) or is coming due,  Lefrak is required to accept such an arrangement , i.e.  allow the tenant to use his/her security deposit to cover the rent if the tenant making the request can show that he/she is either eligible to receive unemployment insurance benefits or is otherwise facing financial hardship due to the Covid 19 pandemic.  In all other cases, a tenant may still ask that his/her security deposit be used to cover all or part of the rent, but Lefrak is not required to enter into such an arrangement.  In all cases, by allowing the tenant to use his security deposit, Lefrak is not waiving its right to collect the balance of the rent due in the future.
  1. Lefrak may not compel or otherwise order the tenant to use his/her security deposit to cover rent that is due.  Nor can Lefrak harass or threaten any tenant who declines to agree to use his/her security deposit to cover rent.
  1. If the security deposit is used to cover rent that is due, the tenant is required to replenish or repay the security deposit at the rate of the 1/12 of the amount used as payment for rent per month until it is repaid.  The payments to replenish the security deposit become due and owing no sooner or earlier than 90 calendar days after the date that the security deposit is used.  (I believe this means that the tenant has at least 90 days from the date that Lefrak uses his/her security deposit to begin to replenish the security deposit by making replenishing payments at the rate of 1/12 of the amount used until it is repaid).
  1. If the tenant has an insurance policy that provides relief for his/her landlord In lieu of making monthly security deposit replenishment), then Lefrak  must accept this insurance as replenishment. 
  1. Finally, the Executive Order suspends that part of the Real Property Law so that Lefrak cannot charge any tenant a fee for any late rent  payment that may occur between March 20 and August 20, 2020.

Rent Stabilization Update

Posted on by Honey Berk

GPTA continues to work with the Battery Park City Authority and with our elected officials to secure an extension of the rent stabilization agreement, which currently expires June 30. Although we remain optimistic that an extension agreement will be achieved, as of today that has not yet occurred. For that reason, currently-stabilized tenants whose leases expire after June 30 are being offered renewals at increases greater than those stated in the NYC Rent Stabilization Guidelines.

GPTA has strongly advocated to BPCA and to our elected officials that any extension of the rent stabilization agreement should retroactively adjust any renewals that may have been signed by tenants before the extension agreement is finalized so that those renewals conform to rent stabilization increases. Although such retroactive treatment is our objective, until a rent stabilization extension agreement is achieved, we cannot predict what its terms will be.

As a result, tenants receiving a lease renewal offer today should be mindful of the deadline for responding to the offers and make a decision on whether to accept the offer within the stated deadline. Although the recent renewal offers appear to state that the response period for accepting a renewal is 30 days from receipt of the offer, Gateway Management has informed tenants who have inquired about the deadline that the deadline is in fact 30 days prior to lease expiration. That is, Management has stated that July 1 is the renewal response deadline for leases expiring July 31. We suggest that tenants who have questions about the renewal offer response deadline should contact Gateway Management.

GPTA is not advising tenants on how they should respond to renewal offers, but we note that it is likely that, if there is going to be an extension of rent stabilization, that extension will be agreed before July.

View letter regarding rent stabilization sent to LeFrak Organization by our elected officials (April 20, 2020).