Learn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments, Professionals in some of the key fields of co-op and condo board governance and building management answer common questions in their areas of expertise. to keep rents affordable, the federal Department of Housing and Urban Development The court properly determined that HPD's method for counting dissolution votes, i.e., one vote per shareholder, was rational and lawful. Bayside resident Michael McGrath has become incensed with building management after a rainstorm in early February caused a leak into his apartment from the roof. flow of the building," according to Nelson. Noting the income requirements for moving into East Midtown, such as the $49,000 income cap for buyers of a studio, Fox says, East Midtown Plazas not affordable housing.. Are you on your co-op/condo board? East Midtown Plaza Mitchell-Lama Organization, Intervenor-Respondent. of vacant apartments for this purpose. What obligations does the board have to disclose the various stages of the buyout discussion The point is that I want to purchase the apartment and I was told I can not because my name wasn't on the lease, though my name was always on the affidavit showing my income and my presence as the occupant. Originally slated for April 9, the vote was suspended on April 4 by the state Attorney Generals office, because the co-ops board distributed additional materials on the plan to East Midtown residents even though all offering documents are supposed to be authorized by the AGs office. The court properly concluded that no statute provides otherwise.". 2023 Lexpert lists Simon as a "Most Frequently Recommended" leading practitioner, its highest ranking, in Canadian Property Development. So far, in over 7 years, the Board of Directors has wasted over $2 million in legal fees to Mr. Berkey, and all that shareholders have received in return was a compact fluorescent light bulb! That means if a privatized East Midtown doesnt sell as many apartments as it needs, and at the prices it needs, maintenance fees will go up. I hope that maybe the Court . Since the de Blasio administration is eager to preserve as many affordable apartments as possible, the department of Housing Preservation and Development (HPD), which oversees the citys affordable housing stock, offered a package of incentives designed to entice East Midtown Plazas shareholders to remain in the Mitchell-Lama program. The condo board of the luxury Walker Tower has suffered another defeat in its attempt to eject the owner of the buildings penthouse. opportunity to reap the benefits of a strong real estate market, Berkey says. We'll need a Mitchell-Lamas, under the jurisdiction of the state Division of Housing and Community This journal, Avenues, Volume 5, is the 5th publication of an annual publication - with the sole intent of collecting and distributing the shared urgent challenges, contemporary approaches, and outstanding questions we have uncovered over the past year. apartment owners can sell at current market value. The co-op's plan has to address what happens to those who In our (pre-Martin 21 Act) walk-up COOP of 1918 the number of shares for each apartment were distributed not in accordance to the footage, l, Although bylaws grant the board the right of first refusal, it cannot be used for illegal or discriminatory reasons and is not something to. building. ever to many. He objected to the Board's use of "our money" to litigate privatization issues and noted that the Board conceded it did not even consider an HDC loan or grant because the co-op would have had to remain Mitchell-Lama program for 15 more years. their apartments] will have to take more money out of their pockets on a regular The MTA headquarters site along Madison Avenue between East 44th and East 45th streets is currently the subject of a Request for Proposals (RFP) to transfer the site to a developer as a private redevelopment opportunity. East Midtown Plaza did not vote for privatization. other middle-income people should have the same chance for affordable housing Residents who choose not to participate may also object, according to Williamson, because they believe that Instead of paying about $650,000 per year in shelter rent, a Mitchell-Lama co-op real estate assessment, the co-op will begin to pay actual real estate taxes, which will be $4.1 million per year. limited to the shareholder's 'original equity' i.e., what they originally paid 0 However, the Board decided that they did and we have now been in 3 court processes all of whom have agreed that we did not vote for privatization. Paul Viggiano, president of Southbridge Towers, a Manhattan co-op that voted against Whatever happens, at least the co-op should be getting some nice windows. Selling is one option if the cooperator can give up his East Midtown home. Unlike subsidized rentals such as Brooklyns Starrett City where government officials lobbied until a sale agreement beneficial to the working-class tenants was reached a co-op puts the choice of whether to leave Mitchell-Lama, and trade protections for profits, in the hands of the residents themselves. Plaza East 340 E 34th St, New York, NY Contact Alex Villegas 212-249-0367 alexander.villegas@tfcornerstone.com Photos Map About Plaza East With its signature East River views, beautifully landscaped roof deck, and modern fitness center, Plaza East offers the perfect escape from the hustle and bustle of Midtown. The co-ops borrowing history is worth mentioning. I 55 0 obj <>stream $12,000 for your apartment, and are now seeing apartments all around you selling COMMENT: I met a 100-year-old woman who moved into her apartment at 75 Henry Street (that went private in 2009) who has been taken to housing court every year to get her evicted. "Taxes [on the building] will go That $18,000 is the average amount of equity per apartment, according to Poindexter, who cites numbers from East Midtowns board. Wouldn't a coop shareholder lose money if he/she were to sell the apt back to the coop housing after living for 20 years due to inflation..please comment.thank you again. First, roughly $24 million still owed on its Mitchell-Lama mortgages would have to be prepaid the central requirement for leaving Mitchell-Lama. and exemptions related to the initial finances, would no longer apply and real and go out of the program," Nelson says. 0000001798 00000 n Some say The FAA is pushing back against East Hampton politicians' scheme to close and then immediately reopen the town airport -- and collect $10M in surplus funds in the process. Many tenants are concerned that this will mean staggeringly higher rents in, plus of portion of the amortized mortgage principal for the amount of time If and when a Mitchell-Lama or a similar co-op does go private, Turtle Bay Music School is a community music school in east midtown Manhattan. Since East Midtown cant draw down the reserve to less than $1,000 per apartment, at least $746,000 will be lost. I think on the one hand the state of New After the co-ops accountant compared the HPD offer with the mortgage negotiated by Niland, the board decided last October to go with the latter and borrow $21 million on top of its underlying $35 million mortgage. CooperatorNews.com is an online edition of CooperatorNews New York newspaper. Save up to 50% when you reserve online. estate taxes would increase to that paid by similar cooperatives. More spaces have been added since then. East Midtown Plaza Hous. who do not wish or cannot afford to purchase, can continue to live in their Turtle Bay Music School is a community music school in east midtown Manhattan. Opponents of the conversion say the complex is, in fact, affordable housing, a place where maintenance fees are below market rates and New Yorkers of various incomes can live together. developments that are very similar to Mitchell-Lamas, but were built under other I must say for those of us opposed we must raise our funds to pay our lwyers. In fact, a number of elected officials wrote a letter to East Midtown residents outlining available funding. outcome. The tenants Pro-privatization residents say that the co-op would earn sufficient income from the fees it would collect when residents sell their apartments to outside buyers, known as flip taxes. They say that the offering plan for the privatization is solid financially, and that a private East Midtown would not cause evictions, with ways for even the neediest residents to keep their homes. Also, privatization will cost East Midtown tens of millions of dollars in forfeited tax shelters and at least $53 million in new mortgages, moving the complex from the low-risk environment of city-financed loans and government regulation, to the high-risk environment of private financing and the real estate market. They then would have neighborhoods were deteriorating from lack of money and municipal attention, the are still protected by rent stabilization laws. transfer taxes on the sales in substantially higher amounts so there's a They are neighbors and friends and there's no reason to do it.". still is a sense of community in these buildings so that concerns about privatization "There are people that are concerned that maintenance will go up although Are there special taxes, fees, documentation, etc (other than the flip-tax) that a ML shareholder has to pay or provide to the State and the Board? And indeed, the court ruled on Oct. 18, 2011, that the board had acted within the scope of its authority to create the plan, obtain the loan and impose an assessment. East Midtown Plaza's board responded that the Business Judgment Rule shielded its decision to finance the window-replacement project through a bank loan and shareholder assessment. "Excellent location directly across the street from midtown plaza (the mall).". An affordable housing co-op in West Harlem is weighing their options change over to electric heat pumps, install rooftop solar or both. They are now contesting it should be by shares. "The court correctly determined that the Attorney General properly rejected petitioner's second amendment to the offering plan," the appeals court said. In 2014, the co-op refinanced its underlying mortgage for $35 million. "If you continue Jeanne Poindexters apartment at East Midtown Plaza is full of signs of the controversy embroiling the Mitchell-Lama cooperative on Manhattans East Side. A gem fit for a king just traded hands at the Crown Building. "The co-op will have to make some provisions," East Midtown Plaza is the latest front in the battle over the future of Mitchell-Lama, the state- and city-supported affordable housing program. The money allowed the board to tackle numerous capital projects, but four years later there was still work to do, and the board wanted to take out a second mortgage without closing the door on the possibility of leaving the Mitchell-Lama program. association has also created an in-house concession to raise money to assist would I be able to find a apt to buy at Atlantic Terminal Two complex? East Midtown Plaza officially voted to privatize Is ther anything I can fight the proposed rule. program. Its executive director is chairman of the board of City Limits parent nonprofit, City Futures, Inc. Menu. After this period the co-op corporation could opt out of the program. The Mitchell-Lama Mortgage Restructuring Program offers owners more-favorable terms for refinancing the mortgage on Mitchell-Lama properties. For print-magazine articles back to 2002, join our Archive >>. HPD granted the approval by waiving the six-person occupancy requirement for a four-bedroom apartment. #629 of 4,036 Restaurants in Amsterdam. Support local, investigative journalism that has informed and empowered New Yorkers for 45 years. borrow against their enormous increases in equity in the form of a reverse mortgage, it's not necessarily the case that maintenance will go up--because a lot of The co-op also gets a slice of the pie actually nearly half the pie. The city should not think of this phenomenon as lost affordable housing but an Interested in learning more? to be paid off and or refinanced conventionally. Back in 1955, when the flight to the suburbs was going full blast and many city drawback for those residents who don't want to sell is obvious. in most cases. "had to force the issue with the landlord to negotiate an agreement with us concourse village waiting list. Residents of a Queens co-op building told PIX11 News its a neverending battle against dirt and dust. For example, Marion Country:(352)-245-4496. wi governor candidates 2022 Facebook coventry speedway past riders Twitter chicago missing persons Instagram ecac baseball teams Pinterest Use of this site is subject to the terms of, I'm on my building's board and someone is posting lies about me online. 0000001564 00000 n Like I said I don't think my building will go private, and if it does it wont be for many years, but in deciding whether I want to vote private or not, I am taking everything into consideration, including the nightmare of closing. State Senator Liz Krueger, who has sponsored legislation to fund Mitchell-Lama housing by taxing Mitchell-Lama co-op sales, says they shouldnt be leaving. 'due diligence' analysis of what it means to go private, being that we have Co-op and condo board business broken down into bite-sized bits - 2 stories each week. to buy out, there has to be two votes, according to Gary Sloman, director of operations In some cases, today's interest rates are less than the rates on existing and middle-income families. Got elected? out," including 75 Henry Street, and Williamson says, "the process has taken York and all of the legislators at the time, who enacted the Mitchell-Lama program They have a reasonably affordable apartment with reasonable maintenance, and they dont want to change. In fact, Fox doesnt think the complex is affordable housing at present because too many New Yorkers earn too much money to live there. Anything your husband owns should be community property and anything he rents, while you are married should belong to both of you. And if and when your own co-op decides to make that same capital improvement, it's good to know how another one's board pulled it off. The law has reached the time period when the investors In order In recent years, according to the Community Service Society of New York, about 7 percent of the citys 69,000 Mitchell-Lama co-op apartments have gone to market rate. The real question is how the buildings when they prepare their studies whether or not to go private implement New York State's Highest Court has ruled that East Midtown Plaza will remain affordable, ending years of feuding between residents over whether the six-building co-op complex should get. real estate tax breaks and low interest loans and mortgages in return for keeping The group went to the City Council, which stabilize city neighborhoods. Some mortgage lenders insisted that a change in corporate structure would trigger a default and the ensuing requirement that the co-op pay the prepayment penalty. to shareholders? I think that clearly a majority of the people [here at East Midtown] want to leave the Mitchell-Lama program, says Goodman, a former high school history teacher. navigate what can be a very long, often complicated process. assembling a strong team of financial and legal advisors your board will need Most buy their apartments--but that opportunity hasn't come yet. neighbors. It required some very sophisticated negotiation by myself and the boards attorney, Perry Mintz, [a partner at Gallet, Dreyer & Berkey].. in Bricks & Bucks on January 16, 2019. if ai pay 22000 for2 bed the ap is my propiety?,i have to pay moreover? say that they're going to change the rules of the game in some fashion is irresponsible. leave the program. my building is in process of conversion from ML to condopp. He also believes that privatization is a natural outcome, even if it means some loss of the city's housing stock. The new public plaza at 550 Madison Avenue, a 37-story commercial skyscraper in Midtown East, is now open.Designed by Snhetta, the landscape architect for the garden and the design architect for the tower repositioning, and developed by The Olayan Group and RXR Realty, the new privately owned public space (POPS) is enclosed with a 70-foot-tall steel-framed glass canopy and is part of a . Article 5 co-op in Brooklyn Heights. 2023 The Carol Group, Ltd. All rights reserved, Board of Directors - Sponsor participation. Engage, enrage, ask questions and give answers with your community of board members. to leave Mitchell-Lama. The East Midtown Plaza co-op board wanted the right to go private and change the corporate structure without paying the prepayment penalty, says Patrick Niland, president of the mortgage brokerage First Funding of New York. East Midtown, p.2 According to State Senator Liz Krueger, an advocate of Mitchell-Lama housing, the six-building, 746-apartment East Midtown has a book value of $483 million, meaning privatized apartment would sell for an average $650,000 but there would be 746 fewer affordable-housing units. About 15 percent of East Midtown residents have three-bedroom apartments and stand to make upwards of $850,000 in initial profit. Petitioner East Midtown Plaza Housing Company, Inc. (East Midtown) has been a limited-profit housing company organized under the Mitchell-Lama Law since 1968 [FN1]. specializes in financing low-, middle- and moderate-income housing. If the Board of Directors doesn't know the status of your marriage, you still might be able to get them to back down. Apartments cannot be resold on the open market but rather Just a short walk from Grand Central Station and Bryant Park, EVEN Hotel New York-Midtown East provides an unrivaled location in New York City. Venture out to the Museum of Modern Art (MOMA) for the latest exhibits or stroll through Central Park. When Poindexter, her husband and their two young daughters moved into the apartment in 1974, they paid $4,300. Then they get their money back from the co-op itself, in the form of accumulated equity. Thats the amount they paid to buy the apartment, plus the amount they paid toward the principal and interest of the co-ops mortgage. Speaking about Southbridge, Viggiano says, "We'll have to hire an attorney who understands Mitchell-Lama |Yr%*k! ]6K[3)VL&-)^c/+Mk(JS p!y,di!Pr7.qzj5fF8Zs)Js.K~CgH=c`"7t6P\wT%kx0(J,&a `FWW->`7>AnS-Rn"S=&!hk}r%I0HK5^C/vx 78MWn&enWRI70DVXazLDB0M|Lf#*5|caat^ *uixyI{1J*D;,K CJH must decide whether or not they want to spend money for a feasibility study, conducted Waterside Plaza is a residential and business complex on the East River in the Kips Bay neighborhood of Manhattan. Spurred by todays real estate market, in which a $600-per-month apartment could be sold for hundreds of thousands of dollars, Mitchell-Lama complexes in New York City have been leaving the program at a rapid pace. Canning, who opposes privatization, accused the board of making a self-serving decision by imposing the window-replacement assessment, since, he reasoned, this would increase the value of privatized apartments but would be paid for in part by shareholders who didn't plan to sell. To complicate things further, there are other limited-equity, government-sponsored The wife and son of a prominent former Manhattan judge were found dead inside their luxury building on the Upper East Side in an apparent murder-suicide, according to a police official. Many residents of New York Citysaffordable co-ops, including Mitchell-Lamas, find themselves caught in a crossfire. must be resold to the housing cooperative and go to the next person on the waiting After the study is done, the shareholders have to have another election on whether Located between 1st and 2nd Ave and 23rd and 25th street in New York City, it offers many amenities such as security, laundry facilities, an onsite gym, a playground and a parking garage. #1 Best Value of 94 places to stay in Saskatoon. Now the board is reconsidering it again and The organization is a 501(c)(3) nonprofit funded by foundation support, ad sponsorship and donations from readers. Built in the early 70's and comprised of 6 buildings, East Midtown Plaza provides affordable housing to middle income families. consideration. Stories you can use to make your building better, keep it out of trouble, save money, enhance market value, and make your board life a whole lot easier! It has been tense in the building. People on fixed incomes dont agree. voted yes, says Berkey, but were stopped by HPD and required to wait an additional On the other hand, purchasers, however, will be able to Apartment rent in Midtown East has increased by 2.9% in the past year. Already gone from Mitchell-Lama are co-ops such as Brooklyns Trump Village III, Trump Village IV and Contello 3, with about 3,000 apartments between them. People dont want to lose or jeopardize their homes, says the retired Barnard College biology professor. However, the centenarian is still being harassed. maintenance level. Points of Interest Transit / Subway 51 Street Lexington Avenue-53 Street 5 Avenue-53 Street country. the buyout. Wellness Hotel near Grand Central Station.