Thursday, November 29, 2012

Stop Work Order - ECB Violation No. 34993366P

First the good news: Someone has cleaned up the superintendent's dogs feces from the rear courtyard.
The sad news: Another really nice tenant left. They were jacking up the rent on her. Given that the unit was seriously defective, it is pretty outrageous. According to NYC DOB, they claim to have spent $40 k in a renovation 2 years ago. Same crew did the work there as caused our apartment to be flooded 3 times.  
She had showed me the serious water damage coming in through the windows and ceiling above - MCI failure for sure. The windows don't work - 20 year old windows from the J-51 benefits just expired. In closing the windows we had to be very careful, because they didn't even stay in the framesside in. Must be very windy in winter.
Could be a big problem for someone down on the street below. Or a child inside.
 Anyone Know how much is 14x the cost of
 an Electrical Permit?
 Must be at least $5,000.00
---- Stop Work Order -----
A NYC Buildings Inspector came by this afternoon. He was here yesterday, but the superintendent and crew failed to allow him in. It took almost 2 weeks from the 311 complaint to get an inspection. Without a call from City Council, who knows when it would have been.
As the inspector walked into apartment 0D, MD or whatever; one could clearly see the colored electrical wires sticking out from the electrical system upgrade in progress, absent a permit. He issued a partial Stop Work Order on the electrical work, Violation of Section 28-105.1.
And then there is the Penalty part: 
ARTICLE 213 PENALTY FOR WORK WITHOUT A PERMIT
§28-213.1 Department penalty for work without a permit. In addition to any penalties otherwise authorized by law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pursuant to this code has been performed without a permit, a penalty shall be imposed by the department as provided in this article. §28-213.1.2 Penalty for work without permit on other than one or two-family dwelling. The penalty for work without a permit on buildings other than one or two-family dwellings shall be fourteen times the amount of the fee payable for such permit. ... Notwithstanding the foregoing, no such penalty shall be less than five thousand dollars.

Our Superintendent's Response to being cited for failure to have a Permit:
Further Violations
He removed the Order of the Commissioner!

Part of the process of writing up the Violation is the posting of the Stop Work Order on the building entry. We did have one posted. Our superintendent saw the Stop Work Order as he came in, and immediately tried to scratch it off with his fingernails. Didn't work.
He came back later with a tool, which left the glue on the glass door, though he did a dandy job removing the words of the Stop Work Order. Later, he returned to clean off the glass. Too bad he isn't as diligent in caring for the building.
Well, there goes my evening. Darn it, doesn't he know it is forbidden to remove a DOB Notice of Stop Work?
------
311 Complaint - Defacement of DOB Notice 
 Complaint #1338346.
Complaint Category Description:  Code 2A
Description: POSTED ORDER OR NOTICE REMOVED / TAMPERED WITH
311 called it DOB Notice Defacement.
No Chapter was given, but could be:
Section 28-212.11
It shall be unlawful to mutilate or remove a posted order of the commissioner.
While looking for the section of the law, there it was, the Occupancy Permit section. And this:
§28-118.19.1 Replacement of posted certificates of occupancy and signs. All posted certificates of occupancy or signs, as applicable, shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced.
Funny, our 1940 occupancy permit for 51 apartments is not posted. And no sign either. Shouldn't we have one posted? Yes we should: 
ARTICLE 118
CERTIFICATES OF OCCUPANCY
§28-118.19 Posting of certificates of occupancy. The owner shall post a copy of the building’s certificate of occupancy in accordance with this section 28-118.19, except buildings occupied entirely by group R3. Buildings that are not required to have a certificate of occupancy shall be posted by the owner with a sign or placard in a form prescribed by the commissioner. The certificate of occupancy or sign, as applicable, shall be permanently affixed to the structure in a conspicuous location in a public hall, corridor, management office of the building or as otherwise prescribed by the commissioner.
§28-118.19.1 Replacement of posted certificates of occupancy and signs. All posted certificates of occupancy or signs, as applicable, shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced. The commissioner may inspect or cause to be inspected periodically all buildings for compliance with the provisions of this code in regard to posting; and the inspection reports shall specify any violation thereof.
Never saw one here. Not anywhere.
This section was also noticed:
§28-118.3.2 Changes inconsistent with existing certificate of occupancy. No change shall be made to a building or open lot or portion thereof inconsistent with the last issued certificate of occupancy or, where applicable, inconsistent with the last issued certificate of completion for such building or open lot or which would bring it under some special provision of this code or other applicable laws or rules, unless and until the commissioner has issued a new certificate of occupancy.
 There goes the rest of my evening. Another call to 311:
311 Complaint # 1338349 - Failure to Post Certificate of Occupancy or sign or placard.
- Changes inconsistent with existing certificate of occupancy
- After all, they claimed 53 units on the MCI application.
Pictures posted tomorrow, including of the superintendent busily ripping the Order of the Commissioner off the entry door. 

Tuesday, November 27, 2012

SEIU - 32BJ - SUPERS' UNION - ACTION ALERT!!

===  SEIU 32BJ ACTION ALERT!!!  ===

ROSE ASSOCIATES' BUILDING MANAGEMENT STYLE: 32 ACTIVE ELEVATOR VIOLATIONS IN 6 OUT OF 9 BUILDINGS

Could you please do something about the 32 Active Elevator Violations seen in 6 of these buildings? After all, the superintendents also use the elevators.

For the Record - The 9 AVJ Buildings have a history of permit failure

There are 9 buildings in the original AVJ Portfolio, also called New York Portfolio L. One building  - 172 West 79th St. - is a condo, and not all of the building is part of the Portfolio. But the AVJ units show the same pattern as the other whole buildings.
In all 8 buildings, and the AVJ portions of the ninth, permits were generally not pulled for IAIs - Individual Apartment Improvements - prior to 2008. As a result, our superintendents have been accustomed to the coerced violation of NYC Building laws. The underlying alleged "improvements", done lawlessly, absent permits, might not properly be used as a basis for rent increases. They do, however, show up in the Rent Registration for individual apartments, and were used to increase rents and deregulate units. How much lost permit fee revenue to NYC does this represent?
It is time for SEIU 32BJ to intervene, and demand that Rose Associates address these problematic living and working conditions.
..............
Buildings in the original AVJ New York Portfolio
Address -  8 in Manhattan - by block lot
56 7th Ave                      618      33
98 Riverside Dr.          1244      90
105-05 69th Ave. Queens  2139   1
110 Bennett Ave          2180    199
172 West 79th St.       1150    7504 - aka 383 AMSTERDAM AVENUE
185 Claremont Ave.    1994      62
231 East 76th St.         1431      16
340 East 52nd St.        1344       33
725 West 184 St.         2180     157

Active Elevator Violations by Building: Total = 32!
98 Riverside Dr.                           5
105-05 69th Ave. Queens             7
110 Bennett Ave                          2
172 West 79th St.                      13

231 East 76th St.                         2
340 East 52nd St.                        3
........................................................................


NYC Buildings Links to Buildings - See Listing under Jobs / Filings - Virtually none for individual apartments prior to 2008

56 7th Ave         618   33
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1011112&allstrt=+++7+AVENUE&allnumbhous=56
98 Riverside Dr.      1244    90

http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1033758&allstrt=RIVERSIDE+DRIVE&allnumbhous=98
105-05 69th Ave. Queens   2139   1
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=4051285&allstrt=++69+AVENUE&allnumbhous=105-05
110 Bennett Ave      2180   199
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1064442&allstrt=BENNETT+AVENUE&allnumbhous=110
172 West 79th St.    1150    7504
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1030267&allstrt=AMSTERDAM+AVENUE&allnumbhous=383
185 Claremont Ave.   1994   62
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1059872&allstrt=CLAREMONT+AVENUE&allnumbhous=185
231 East 76th St.    1431    16
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1044074&allstrt=EAST+++76+STREET&allnumbhous=231
340 East 52nd St.   1344     33
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1039662&allstrt=EAST+++52+STREET&allnumbhous=340
725 West 184 St.    2180    157
http://a810-bisweb.nyc.gov/bisweb/JobsQueryByLocationServlet?requestid=1&allbin=1064432&allstrt=WEST++184+STREET&allnumbhous=725

Some Open Complaints in The Portfolio

98 Riverside Drive
ECB NumberDept. of Buildings Violation
Status
RespondentECB Hearing
Status
Viol DateInfraction CodesECB Penalty
Due
34417944MOPEN - NO COMPLIANCE RECORDEDAVJ REALTY CORP.  


IN VIOLATION10/13/2004  BR5$0.00
Severity: HAZARDOUSInspect Unit: FACADE INSPECTION AND AUDIT UNIT Viol Type: LOCAL LAW
Active Elevator Violations = 5
V 080802L1198NRF51065 DOB VIOLATION - ACTIVE08/08/2002
V 072612E9027/434182 DOB VIOLATION - ACTIVE07/26/2012
V 072612E9027/434183 DOB VIOLATION - ACTIVE07/26/2012
V 072612E9027/434184 DOB VIOLATION - ACTIVE07/26/2012
V 072612E9027/434185 DOB VIOLATION - ACTIVE07/26/2012
---
110 Bennett Ave.
Overview for Complaint #:1337553 = ACTIVE
Complaint at:  110 BENNETT AVENUEBIN: 1064442Borough:   MANHATTANZIP:   10033
Re:  GROUND FL OF ABOVE ADDRESS APT D WORK BEING PERFORMED  NO PERMITS

Category Code:05      PERMIT - NONE (BUILDING/ PA/ DEMO ETC.)
DOB District:N/A
Special District:
Assigned To:MANHATTAN BOROUGH OFFICEPriority: B

Received:  11/16/2012   09:49Block:  2180Lot:  199Community Board:  112
Owner:NEW YORK APARTMENT PORTFOLIO L

2 Active Elevator Violations
  - and an MCI on elevators was sought and granted!
V 060110E9027/340140 DOB VIOLATION - ACTIVE06/01/2010
V 042612E9027/420898 DOB VIOLATION - ACTIVE04/26/2012

172 West 79th St.  
Overview for Complaint #:1332140 = ACTIVE

Complaint at:  172 WEST 79 STREETBIN: 1030267Borough:   MANHATTANZIP:   10024
Re:  UNSAFE NOTIFICATION FILED BY R.A. DETAILED AS FOLLOWS:OBSERVED-DISPLACEMENT-OF-BRICK-MASONRY-AT-WATER-TOWER-ENCLOSURE;CRACKED-AND-SPALLED-TERRA-COTTA-CORNICE-ON-THE-NORTH-ELEVATION
Category Code:84      FACADE - DEFECTIVE/CRACKING

DOB District:N/A
Special District:
Assigned To:FORENSIC ENGINEERING

13 Active Elevator violations!  
NUMBERTYPEFILE DATE
V 080910E9028/349403 DOB VIOLATION - ACTIVE08/09/2010
V 052311E9027/382720 DOB VIOLATION - ACTIVE05/23/2011
V 052311E9027/382721 DOB VIOLATION - ACTIVE05/23/2011
V 031912E9027/420479 DOB VIOLATION - ACTIVE03/19/2012
V 031912E9027/420480 DOB VIOLATION - ACTIVE03/19/2012
V 031912E9027/420481 DOB VIOLATION - ACTIVE03/19/2012
V 071009E9011/308551 DOB VIOLATION - ACTIVE07/10/2009
V 071009E9011/308552 DOB VIOLATION - ACTIVE07/10/2009
V 080910E9028/349404 DOB VIOLATION - ACTIVE08/09/2010
V 080910E9028/349405 DOB VIOLATION - ACTIVE08/09/2010
V 042508E9011/250481 DOB VIOLATION - ACTIVE04/25/2008
V 042508E9011/250497 DOB VIOLATION - ACTIVE04/25/2008

105-05 69th Ave. Queens   2139   1
2 open on professional certification
7 Active Elevator Violations!
NUMBERTYPEFILE DATE
V 100311E9027/404789 DOB VIOLATION - ACTIVE10/03/2011
V 080712E9027/441770 DOB VIOLATION - ACTIVE08/07/2012
V 080712E9027/441771 DOB VIOLATION - ACTIVE08/07/2012

V 010410E9027/323253 DOB VIOLATION - ACTIVE01/04/2010
V 010410E9027/323254 DOB VIOLATION - ACTIVE01/04/2010
V 062510C0601MD DOB VIOLATION - ACTIVE06/25/2010
V 100311E9027/404790 DOB VIOLATION - ACTIVE10/03/2011

Overview for Complaint #:4531563 = ACTIVE
Complaint at:  105-05 69 AVENUEBIN: 4051285Borough:   QUEENSZIP:   11375
Re:  (D14)410194338

Category Code:4B      SEP - PROFESSIONAL CERTIFICATION COMPLIANCE AUDIT
DOB District:N/A
Special District:
Assigned To:SPECIAL ENFORCEMENTPriority: B

Overview for Complaint #:4531561 = ACTIVE

Complaint at:  105-05 69 AVENUEBIN: 4051285Borough:   QUEENSZIP:   11375
Re:  (D14)420530170

Category Code:4B      SEP - PROFESSIONAL CERTIFICATION COMPLIANCE AUDIT
DOB District:N/A
Special District:
Assigned To:SPECIAL ENFORCEMENTPriority: B

Received:  10/26/2012   16:17Block:  2139Lot:  1Community Board:  406
Owner:  NEW YORK APARTMENT PORTFOLIO
.. 2 Active Elevator violations
231 EAST 76 STREET MANHATTANB IN: 1044074    Block: 1431    Lot: 16
NUMBERTYPEFILE DATE

V 051012E9027/430448 DOB VIOLATION - ACTIVE05/10/2012
V 051012E9027/430449 DOB VIOLATION - ACTIVE05/10/2012

340 East 52nd St.
 3 Active Elevator violations
V 100809E9011/313373 DOB VIOLATION - ACTIVE10/08/2009

V 032212E9027/420649 DOB VIOLATION - ACTIVE03/22/2012
V 032212E9027/426750 DOB VIOLATION - ACTIVE03/22/2012

Wednesday, November 21, 2012

Is 110 Bennett Ave. worth $25 per square foot? Research says No, DeutschBank REITS is wrong.

Just look at the Hudson View Gardens living room, including, yes, a view of the Hudson River:
110 Bennett's management is continually and ruthlessly forcing increased rents. We have to ask: "Is it worth it?" "Can this be a reasonable Fair Market Rent?"
According to the Streeteasy internet site, 110 Bennett Ave's listing average is $22 per square foot, although they appear to be missing important data, such as the jacked up rents for the second year of tenancy.
For examples of their listings, in May, 2012, apartment 1A, a one bedroom, was list and rent at $1,500.00; and apartment 2E, listed as a studio, was rented in April, 2012, for $1,300.00.

Of course, these facts do not include that the policy of Rose Associates is to only give a one year lease. No one gets two years. The second year [once the unit is unfairly forced off of rent regulation] demand for rent is jacked up by many hundreds of dollars per month, often forcing the renter out. This is one more way Rose Associates destabilizes individual's lives and entire neighborhoods.

Where Rent Stabilization is merely Fodder to Intimidate Tenants: 

At Rose Associates and the DeutscheBank RIETS Legacy

 And then there is the threat, that if the unit is actually rent stabilized, and you try to assert your rights under Rent Stabilization, you will get charged the maximum Legal Rent of $2,000.00+. So you better be happy to have your rent raised by only a few hundred dollars.
Rental square footage rate is calculated by multiplying the monthly rent x 12 months, and then dividing by the square footage.  Using these two examples, here is how it works out:
Unit 1H, 850 sq. ft. Rent $1,500 / month x 12 months = $18,000/year / 850 = $21 per square foot.
Unit 3A, 615 sq. ft. Rent $1,300 / month x 12 months = $15,600 / year / 613 = $25 per square foot.

Year Two Extorted Rents: Jacked Up to $29 per square foot

But are these good deals? Of course, once you are in, it is jacked up a few hundred a month, or out you go.
If the average rent increases are successfully extorted, and a tenant stays on, the second year would be:
Unit 1H, 850 sq. ft. Rent $1,700 / month x 12 months = $20,400 / year / 850 = $24.00 per square foot.
Unit 3A, 615 sq. ft.  Rent $1,500 / month x 12 months - $18,000 / year / 613 = $29 / per squre foot!
Is $25 per square foot, or worse, $29, the "Fair Market Rent" for 110 Bennett? Or are management rent demands out of line?

Research Question:

Is 110 Bennett Ave as good a value as Hudson View Gardens?

Is it worth spending $2,000 per month at 110 Bennett?

To answer this question, we can see what $25 per square foot can actually get.
Streeteasy said that the average for rentals at Hudson View Gardens is $25 per square foot - when they are available. Most of the units are sold for at least $400,000.00.

Example: Apartment Unit D65

Rental
01/29/2012#D65 -$2,200  -  2 beds1 bath

http://streeteasy.com/nyc/property/1438382-hudson-view-gardens-d65
This unit was rented at $2,200 / month.
What do you get for $2,200 per month?
A beautiful, well lit, spacious living room:
A great floor plan:
An entertainment size dining room with a view: 
And a bedroom you won't want to leave:
Except to go out in the garden:
Or maybe to use the Hudson View Gardens' gym:

General Information on Hudson View Gardens

Hudson View Gardens can be reached by getting off the same stop on the A Line, but taking the elevator up to Fort Washington Ave. It is on the other side of the one block size park.
It is very pretty. It is an older development, with both garden apartments and larger buildings. It has its own road, parking is available.

According to Streeteasy, Hudson View Gardens average is $25.00 per square foot. Below are the examples which were located:
http://streeteasy.com/nyc/building/hudson-view-gardens
6 previous rentals listings:$25 per ft² (avg)

Rental
09/11/2012#J11 -$2,500  -  2 beds1 bath

Rental
01/29/2012#D65 -$2,200  -  2 beds1 bath

Rental
07/11/2011#R32 -$1,700  -  1 bed1 bath800 ft²

---

Example two:

Welcome to Hudson View Gardens, Unit R32, at $25.50 per square foot.

It just sold for $399,999.00.
http://streeteasy.com/nyc/property/1277167-hudson-view-gardens-r32
Rental
07/11/2011#R32 -$1,700  -  1 bed1 bath800 ft²

Great view of the Hudson, beautiful Tudor style windows:
Custom kitchen with great dining room:
A lush bedroom, with amazing wood built-ins:
And another great floor plan:

....

And finally, welcome to Hudson View Gardens, Unit J11.

It had been on the market for sale at $425,000.00.
http://streeteasy.com/nyc/property/1149460-hudson-view-gardens-j11
Rental
09/11/2012#J11 -$2,500  -  2 beds1 bath

Another great floor plan:



What are the services at Hudson View Gardens?
Website:  http://hudsonviewgardens.com/
Hudson View Gardens, designed by renowned architect George Frederick Pelham, was built in 1924 as one of Manhattan’s oldest continuous coops. And has been owner occupied since 1924. Built in Tudor architecture, Hudson View Gardens is set in exquisite gardens. It has a delightful English sitting garden, a private picnic terrace overlooking the river, a newly upgraded children’s playground area, and a licensed on-site pre-school exclusively for residents. Pets are welcome.
Some of the many features include mail delivery to your apartment, central package room, live-in super, on-site Management, 24 Hour Security, a parking area exclusively for residents, central laundry room, bicycle rooms, and Basement storage areas for a fee. “The Lounge” is used for musical, artistic, literary and cultural events and can also be rented for private parties. A penthouse apartment is available to rent for overnight guests. Hudson View Gardens is located in the heart of popular Hudson Heights. Near delightful parks and museums, the Metropolitan Museum of Art’s Cloisters, Ft Tryon Park, the Heather Garden, the little Red Light House under the Great Gray Bridge, public tennis courts and bicycle trails.
Building Amenities
Bike Room Live-in Super Storage Available
Elevator Package Room
Laundry in Building Parking Available
Storage? Management confiscated the tenant storage at 110 Bennett.
Mail delivery to apartment? Here it gets stolen!
Finally, here is an example of one unit which is on the market for sale:
Price:$485,000

http://streeteasy.com/nyc/sale/732308-coop-116-pinehurst-av-aka-134r-pinehurst-av-hudson-heights-new-york
http://www.simonesong.com/show_list.php?requestid=1360
Entry to your section:
http://img.streeteasy.com/nyc/image/95/34841295.jpg
A light, airy feeling welcomes you in this lovely and spacious 4 1/2 room walk-up apartment with parquet floors throughout. Nature and sky surround you and the East/West exposure provides you with soothing breezes during the day and night. The master bedroom reveals seasonal river views and both bedrooms have two ample closets each. This unit has 7 closets in all. A renovated bathroom and kitchen circa 2000 complete the picture. This legitimate two bedroom unit is offered at a price that is hard to beat!
+/- 1100 Sq. Ft.
Lovely living room:
Same great kitchen / dining room layout:
Or maybe, if you want to stay in this immediate neighborhood, and are able to pay over $1600 per month for rent, but don't want to pay it at 110 Bennett, just to spite the money-grubbing management, you can check out this unit, in a full service building:
http://streeteasy.com/nyc/rental/844228-coop-overlook-terrace-hudson-heights-new-york
Rent:
Size/Type:
Location:
Web ID:
$1,650
1BR Co-op
100 Overlook Terrace
R918

Great floor plan, southern exposure.