City Limits Magazine, November 1980 Issue

8/3/2019 City Limits Magazine, November 1980 Issue

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CITYLIMITSNOVEMaeR 1989 $1.50 . VOL.5NO.9

Looking for Order in the'People's' Housing CourtA City-Owned Village

on the Bronx River


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In Search of Communities of InterestTo the Editors:

rhank you for the opportunity of responding toWilliam Price's review of my book, Community OJ In-terest [August-September, 1980].Mr. Price appears to have seriously misread my book:He suggests that I am an advocate of racial segregationand apartheid policies when in fact the entire book criesout against racial segregation and the polarization of income and racial groups in America. From my researchand personal experience with cities and communitiesacross the country, I am convinced that the road toracial segregation that we are now embarked upon willonly lead to the moral and economic decimation of ourcountry.In my book I have tried to outline various policieswhich could be implemented to achieve racial and economic integration. I suggest first that we group peopleby a similarity in age and life-style; my conviction beingthat if we can minimize these differences between themwe can make it easier for people to accept their racialand economic differences. Thus much of the conflict we

see in public housing between blacks and whites is oftenreally a conflict between elderly and families with children, or between young, childless adults and older people or families. The other advantage of grouping similarage and life-style groups together is that we can providethem with the buildings most suited to their needs: rowhouses and walk-ups for families with children; highrises for singles and couples without children. I f we havepeople pursuing a similar interest living together itsimplifies our ability to identify their joint needs andprovide community facilities for them. Thus we canhelp to bring them together in joint activities in theircommunal spaces and help them to learn that they sharemore interests in common than their racial or economicdifferences have led them to believe.Mr. Price has totally misunderstood what I meant bysegregation by age and life-style. Not only am I againstthe concept of separate but equal facilities, but I advocate integration by race and income at the microscale: that is at the level of adjacent apartments in thesame building.I have become an advocate of racial and economicquotas in housing reluctantly, but only because I amconvinced that this is the only way to achieve integration, and the only way to open new and permanent integrated housing opportunities for blacks and lowincome populations. My position would be different ifblacks formed more than 50 percent of our nation'spopulation. But as they form less than 20 percent, requiring all government-assisted housing to be integratedon a 20 to 30 percent quota basis should create a completely integrated. (at the micro-level) society in tenyears. Currently, with the quota concept unacceptable,long-term, integrated housing remains a dream. Housing developments that start by being 30 percent blackbecome all black (and often all low-income) in less thanfive years. Our research shows that most Americanswould welcome racial integration in their community, and

continued on page 22


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$-----THE CD CIRCLE GAME

This past summer, the New York City Housing andCommunity Development Coalition submitted to thefederal Department of Housing and Urban Development an Administrative Complaint challenging theCity of New York's application for the use of $271million of Community Development funds. The complaint charged that much of the activites for whichthe city sought funding do not principally benefitthe low- and moderate-income people of New York,although the federal legislation requires that they bethe primary beneficiaries of th is aid.Lower-income community groups and individualssaw that the City's application to HUD this year, asin the five CD years preceding, contained many programs that did not address their needs. Instead ittargeted CD funds in "transition" neighborhoodswhere small investments could be used to stabilizechanging communities. The proposed budget included only enough money to close out the sweatequity program, reduced funds for the rehab of community management buildings, and made no provision for new jobs through economic developmentprograms. Despite documentation that the City hadfailed even to comply with HUD's previous efforts to

enforce the federal requirements of the CD Act,HUD dismissed the complaint and released theCity's CD VI money.HUD, whose function it is to monitor and enforcecompliance with the low- and moderate-income ben-efit provisions of the law, responded to the CDCoalition that the complaint had covered many ofthe same issues they had been pursuing in their"ongoing monitoring process." Yet, even with theadded weight of citizens' criticism, HUD once againoverlooked basic flaws in the application and ex-tended deadlines for compliance. A prime exampleof the slipshod way in which HUD reviews the City isthe federal acceptance of the Participation Loan and8A rehab program as benefiting low- and moderateincome people without ever checking who actuallyoccupies a renovated apartment. So long as rentsare low, HUD assumes, low-income people benefit,even if the apartment is rented to a wealthy person.For years, neighborhood residents have beenangered by the city's neglect of its poorer communities. The use of CD money has, since the inception of the program, been a major issue in New York,

3

one which the City government has found sensitiveand controversial. It is now evident that the City isnot alone in manipulating and misallocating its CDresources; it has found a willing accomplice in theArea Office of HUD. Without any supervision, guidance or fear of discipline, like a child lacking aresponsible parent, it is no wonder that the Citymisbehaves. The Washington Office of HUD mustintervene to stop collusion between its field officeand the City before the poor can expect a fair shareof New York's CD money. 0

Dear Friends and Readers of City Limits:Since we began publishing in February, 1976, wehave always welcomed and encouraged you to sub-mit guest articles on housing and related issues.We attempt to cover as many issues as we canourselves but realize that we don't know or hearabout everything that is happening in your neigh-borhood or field of nterest.It is with this in mind that we again invite you tosend editorial materials to us. We are always in-terested to hear firsthand from you what is happen-ing.Please keep us in mind and pick up that pen orget out that typewriter.Cordially,

The Editors

.CITYLIMITS'City Limits is published monthly except June/July and August/September by the Association of Neighborhood Housing Developers,

Pratt Institute Center for Community and Environmental Development and the Urban Homesteading Assistance Board. Other than editorials, articles in City Limits do not necessarily reflect the opinion ofthe sponsoring organizations. Subscription rates: $20 per year; $6 ayear for community-based organizations and individuals. All correspondence should be addressed to CITY LIMITS, llS East 23rd St.,New York, N.Y. 10010. (212) 477-9074, S.Second-class postage paid New York, N.Y. 10001City Limits (lSSN 0199'{)330)Editor . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tom RobbinsAssistant Editor . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . Susan BaldwinBusiness Manager . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . Carolyn WellsDesign anQ Layout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Louis FulgoniCopyright 1980. All rights reserved. No portion or portions oj thisjournal may be reprinted without the express written permission oj hepublishers.

City LimitslNovember 1980


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A Day in the Housing CourtEight years ago, amidst a clamor for change from landlords, tenants and judges alike, the Housing court was established. A review of its experience, however, finds dissatisfaction is still high,although few see a way out.

Brooklyn Civil Court.By Susan Baldwin

A day in New York City's Housing Court may not beas foggy as a day in the High Court of Chancery thatnovelist Charles Dickens described, but to many it stillmerits his century-old warning: "Suffer any wrong thatcan be done to you, rather than come here!"The mornings and the afternoons are always long,pensioners mill around, sit on the floor or, if they arelucky, on benches, and, in some borough courts, cuearound the corner of the understaffed clerks' officewaiting for hours and sometimes all day to fill out formsthat mayor may not keep them in their dwellings foranother few days or weeks.Cases that rival the famous Dickensian Jarndyce andCity Limits/November 1980 4

Jarndyce are still being heard. They may not be as old asthat one, which was reputed by Dickens to have enduredfor half a century, but they are certainly as oblique andare only understood by a small clique of court followers."I'm due on the 17th (October)-that's when I'msupposed to go to the hospital-and I don't want tocome back here one more time," cried Felicia Ortega, ayoung black Brooklyn woman who has spent a gooddeal of the summer in court because her landlord is attempting to evict her for not paying several months'rent. "Half of my pregnancy has been upset by them,

and my blood pressure is up . .. I am tired of defending


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myself, but I can do it. When they fix up my apartment,I will pay, but not before . " As she talks, she glares ather landlord and his attorney who watch her show a visitor pictures of fallen-down ceilings and general blight inher apartment-an apartment that the landlord claims ishabitable. Her court appearance was October 9.Ortega emerged from the housing judge's chambersshortly after another tenant came storming out ofanother courtroom and came close to decking a landlord who had just won a judgment against her. Eggedon by calls of "Go get 'em, baby" from bored or angrytenant-onlookers, the woman was restrained by twomore rational heads who told her she would be in moretrouble if she attacked her landlord. Reason prevailed,at least for a few moments. Then it dissolved in ashouting match between the woman and the landlord,surrounded by his gaggle of recognizable Brooklyn"landlord" attorneys.People's Court"It's a joke when they tell you this is the people's

court," said one community attorney. "They say this iswhere the people can come to have their day in court,but if they come here without a lawyer (pro se), andmost of them do, they might as well throwaway the notion of justice because it just won't happen . . . It's trueto say that this is the people's court because this is wherethey come to get screwed."In Queens, two women with small children are presently walking the streets with no place to go after theyunwittingly signed "stipulations" or agreements authorizing their own evictions."I became scared, paranoid, when I was in court,"said Linda Woodard of Laurelton. "I didn't know whatto do, and the landlord's lawyer was always looking atme all day . . . I didn't have a lawyer. The landladieswouldn't give me rent receipts, but I had the moneyorders. I tried to show them to the judge, but no onelistened. Now I'm out on the streets. My kids aren't inany school district, and I can't get in the projectsbecause I was evicted." The Housing Authority acceptsno one with an eviction history.

Both women were evicted from their apartments bytheir landlords even though they attempted to pay rentbecause the landlords wanted these apartments forthemselves. Both were denied hearings before a housingjudge because legal aid attorneys were not able to accompany them to court even though they sent lettersasking for later trial dates.The only thing that Woodard has that most other tenants do not have is a letter from Mayor Koch acknowledging her plight and asking her to get in touch with himin three weeks if she doesn't find housing. "I could bedead by then," she asserted. "It's only a matter of time,and I feel I'm going crazy." Woodard wrote to Kochearly in September asking for help after she learned ofher imminent eviction.

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Total ChaosStories abound from Housing Court, and terms like,"It's a riot," " . . . a zoo," "It's total chaos" are frequently used to describe it. On the surface, every faction-tenants, landlords, judges, attorneys, communityand tenant associations-complain about the court, butfew have suggestions for correcting it and many argue,"It might as well stay the same because we have learnedto live with it and what will replace it? Do we want totake a chance on something else?"Created in 1972 by an act of the State Legislature "tomaintain and provide habitable housing ," the HousingCourt, or the Housing Part of the New York CivilCourt, opened its doors October I, 1973. According to acity document describing this act, "The purpose of theHousing Court is to improve compliance with the NewYork State Multiple Dwelling Law and the New York City Housing Maintenance Code," and "The objective ofthe act is to provide for timely removal of violations andimprovement of the city's housing stock." All forms ofhousing-rent-controlled, decontrolled, and rent stabilized-fall under the jurisdiction of this act that createdthe Housing Court.Sixteen hearing officers, now known as housingjudges, sit on the bench in New York's five boroughs.Appointed by the City Administrative Judge, they servefive years and receive an annual salary of $34,900which, with a cost of living adjustment, will rise to$36,000 this year.Among its permissible powers are the authority to:impose civil penalties for violations; collect costs for theviolations' correction; enforce liens against owners;issue injunctions and restraining or other orders to enforce standards; deal with the issues of nonpayment ofrent, evictions, appointment of receivers and 7A administrators; and vest title in the city to abandoneddwellings.They are also empowered to provide all other officialfunctions of the Civil Court with the exception ofpresiding over a case slated for a jury trial.Following court protocol, a Civil Court judge is incharge of the calling of the main calendar each day andthen assigns the cases to the Housing Part. The CivilCourt judge does, however, have the right of firstrefusal of a case and sits on cases when housing judgesare on vacation. In addition, Civil Court judges aremandated by law to sit on all jury trial cases.

Stepchildren"Housing Court judges are made to feel like stepchildren of the Civil Court and this really isn't fair," saidLorraine Miller, a Civil Court judge in Kings (Brooklyn)County who, prior to this appointment, served fouryears as a housing judge. "Most of the important andexciting business that comes to the Civil Court is housing, and most of its income comes from this part because so many cases are heard . . . In fact, I think everyCity Limits/November 1980


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judge in Civil Court should be required to have a background in housing."Civil Cour t records for 1978 and 1979 show a total filing of 425,022 and 416,244 petitions, respectively, inthese two years, representing incomes of $5,556,075 in1978 and $5,513,499 in 1979.

" I f this money were plowed back into Housing Courtfor better facilities, back-up services, more judges, andmore personnel, this part would really be able to showmarked advances," Miller added.Why, then, are so many people, particularly the landlords, upset with Housing Court?Said one jurist, "The Housing Court was created tobring efficiency into the courts. This is what the landlords wanted, and I think it's fascinating that they don'tlike it. Housing Court has always been a three-ring circus, and I have always been opposed to it because it wascreated to expedite and make easier the ability of landlords to recover their rents and harass and intimidatetenants."

HThe motto over the judges chambersin Brooklyn should read, HWhere's therent?'In the "olden days," according to city Housing Official Bruce Gould, one of the architects of the presentcourt system, "all they did in Landlord/Tenant Courtwas ask the tenant, 'Did you pay your rent?' And thenthey gave him five days to pay. Basically, it was an openand shut case . . . Now we are talking about code enforcement and removal of violations."Responding to charges that the Housing Court is toolenient now that violations have been decriminalized,Gould added, "It 's true they used to hear violations inthe Criminal Court, and an average fine could be $10 to

$12-50 cents a violation. That really was no incentiveto remove violations."Clanging of CeU DoorsThe critics believe that the clanging of cell doors andthe rattling of handcuffs might remind rapacious landlords tha t by refusing to fix hazardous violations in theirbuildings they are moving closer to spending some timein jail. Others suggest that an atmosphere similar to thatof the traffic violations bureau would be appropriatebecause "not even a landlord could beat a trafficticket. "

"There should be trials of landlords. They should betreated like any other common criminal," said BettyTerrell, executive director of the Association of Neighborhood Housing Developers and a former tenant organizer in the Morris Heights section of The Bronx."What's so special about them?"Manhattan Housing Court Judge Harriet George believes that there is nothing to be gained by putting adelinquent landlord behind bars and asserts, "This cer-City Limits/November 1980 6

tainly doesn't save the tenants' house. The threat of losing the building is more of a threat than going to jail."Maurice Harbater, one of the two housing judges inQueens, recounts the time he did send a landlord to jailfor four days but admits that he tries to solve his casesby compromise. "I try to avoid war and, instead, havean armistice."But Harbater and Housing Judge Howard Trussel ofThe Bronx, in addition to believing in the ar t of compromise, argue that the only way tenants will get betterservices, and the housing stock in deteriorating areassaved, is by tenants paying their rent into court to arrange for repairs . "Nothing is achieved by tenants withholding rents except that their building will probablybecome abandoned and they will be forced to look forscarce new housing," Judge Trussel said. "But, if thetenant pays into the court, the court can order therepairs and make sure they're done . . . This is why I inspect buildings to see if violations are removed and whyI have recommended the appointment of a temporaryadministrator to get work done quickly."Tenant lawyers and legal service organizations arevery critical of this move to "disenfranchise" or takeaway from tenants their last and most inalienable right- the right to withhold rent.Withholding Rent

"It's ridiculous to ask a tenant to pay money into thecourt. It's as good as lost there. Withholding rent is theonly thing that really hurts that can be held over thelandlord's head," said Leonard Lerner, a well-knownManhattan tenant lawyer. "W e have made progress outof this chaos in Housing Court. Why should we give thisup to appease the landlord?"

"The motto over the judges' chambers in Brooklynshould read, 'Where's the rent?' ", said an insider whoasked to remain anonymous. "All the court here is, is acollection agency for the landlords . . . Even when theygive the people a judgment [in a dispossess proceeding]and agree that apartments are uninhabitable, this meansthe landlord won in the long run because if the tenantdoesn't pay rent into the court, he'll be evicted in fivedays even though the landlord hasn't made any repairs. . . this court is ridiculously anti-tenant."Legal service advocates polled from all four boroughsexcept Staten Island contend that tenants have the bestchance of being heard in Manhattan because the judgesare more progressive and less tied to the local politicalmachine and because, more and more, the white middleclass is taking up a lot of space on court benches.Normally, however, these more affluent tenants arerepresented by attorneys-a condition that many poorerclients do not share.One of the greatest problems faced by tenants is finding lawyers to represent them in court. There are toomany cases, too few attorneys, and many cases are socomplicated that they are far more expensive to try incourt for the amount of rent owed.


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"Very often people don't even know they're beingsued until it's too late," said Manhattan Civil CourtJudge Eliot Wilko "The marshal comes to the door toremove your belongings. This is when the tenant firstlearns what's happening . . . Even if the tenant catcheson beforehand, it is ridiculous to say to this tenant, ' I fyou want your day in court, pay your rent money incourt.' That's like suing ITT for $800 million."

Some say that nonpayment and resulting evictioncases are not the worst legal ordeals faced by tenants intheir ongoing survival battles to save their homes. Manytenants may attempt to pay their rent only to find thatthe landlord refuses to accept it. Or, they may try torenew a lease and are not granted this renewal. Or, thelandlord may bring charges against them, alleging destruction of property or creating a public nuisance. Thistype of action is known as an "eviction holdover" and,according to many attorneys, it is both a very complicated and popular way to evict tenants.Jury Trial

"This is one of the reasons I go for a jury trialbecause these are not simple cases to defend," saidLerner, noting that' Six people on a jury are better ableto judge a case than a judge sitting alone acting like ajudge . . . who is not so open to looking at the facts but ismore involved in the legal implications."What can be done to change the image of the HousingCourt? Some critics shrug their shoulders and walkaway, smiling. Others have more positive suggestionsfor its future.Judges Wilk and Miller have argued that housingjudges would improve their public images if they were tobe elected rather than appointed. Miller, along withJudge Harbater, thinks the Housing Part should become a separate court, like the Criminal and FamilyCourts. "The landlords and their advocates contendcollection would be higher if,.the city'sSocial were more cooper.ative and

TUlI"_""'rtv checks to its clients, thusUU1LUnH\. . l a better chance of his rent.A Great ' - ' ! I I . , I ! ' U ~ ; ' "

An optimistic tenant awaits her neanm'x

According to Katz, RSA limits itself to meeting withhousing court judges to pass on its membership's complaints.Asserting that his firm is not amateurish in its dealings with housing law and the court, Daniel Finkelstein,one of the city's major landlord-oriented real estatelawyers, complained about the Manhattan court's "pro-

tenant" bent and close scrutiny of the "Warranty ofHabitability" law and queried, "What are you supposed to do? Throw out the grand piano because it's outof tune?"According to Finkelstein, the Housing Court spendstoo much time hearing testimony from tenants who are

Stories abound from Housing Court,and terms like Hit's a riot," Hit's a zoo, "Hit's total chaos" are frequently used todescribe it.withholding rent and have no intention of paying it evenif repairs are made on their apartments. "Many of themskip after all this time in court," he added. "That's whywe call them skippers."A Day In Court

"I keep hearing that the court is supposed to be forthe tenant to have a day in court, but I haven't foundthat to be the case," said Barbara Williamson, a paralegal advisor in Queens who was evicted last year from aHUD-owned house after a monumental court battleargued on the merits of the warranty of habitabilitylegislation."I've gotten into the law and still this knowledge

hasn't saved my new housing," she explained, notingthat the windows in her $375-a-month apartment werefalling out of their frames and the boiler had notin over six months. "I've been to court and it'sfor me and my family. We'll have toweeks. The person who supposedly owns't . I know this because I did a titlelandlady who should not be

~ , ... ....wu, lives in Florida and gives aand is unavailable . . . It's


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Community Groups Face Unexpected DilemmaTenant associations and community organizations arefinding themselves faced with a dilemma that they neverexpected when they first became involved with managing and eventually owning the city's tax-foreclosedproperties: the eviction of tenants for nonpayment ofrent."W e never thought about it much until we felt thepressure from the city and the other tenants to evicttenants who were not paying their rents," said BarbaraSchUff, director of housing organizing at Los Sures inBrooklyn. "What was even worse was finding someone

to evict them."A City Limits poll of a number of nonprofit,community-based legal service offices in Manhattan,Brooklyn, The Bronx, and Queens revealed that all ofthem were sympathetic to the groups' problems but

could not be accommodating."Philosophically, we just couldn't help out with theevictions even though in many cases we have been responsible for helping tenants associations get into theTIL (Tenant Interim Lease) program or win 7A status,"said David Weschler, director of Community Law Offices in Harlem. "W e have spent too much time in theneighborhoods building up our credibility and trustamong the residents, and we just cannot take the chanceof being associated with the eviction wagon when themarshal comes to throw out the tenant."What do the community groups do? Some of thelarger ones, particularly those in the CommunityManagement program, go to the real estate law firmsused by landlords to evict tenants. It is an expensiveproposition, and they must spend a disproportionateamount of time and money-up to six months and $500on each case-carrying out the dispossess proceedings,but economics leaves them no other choice.Recent delays in the issuance of eviction warrants bythe Housing Court due to clerical staff shortages haveprovoked lawyers' complaints and have interfered withcommunity managers' performance obligations to thecity.Such problems work an even more serious hardshipon tenants' associations in TIL and 7A-run buildings,which must pay all their expenses from a rent roll that isoften $2,000 or less a month. So far, the city has notcome forth with any alternative proposals for handlingthis situation, but the city has said that for anyorganization to continue in its alternative programs itmust maintain a high rent-paying status in any of thebuildings involved in its "treatment" programs.According to Jeffrey Eichenwald, a representative ofone of the first buildings to enter the TIL program,"It's almost ridiculous for us to go to court for evictionsCity Limits/November 1980 8

because we are told by HPD to ask for rent increases . . .This falls between the cracks in the landlord-tenantlaw . . .Also, the city has a real problem here, namely ithas not dealt with its alternative programs on a legal basis,and, at the very least, on the administrative basis . . . Wereally should not be working out this problem in courtbecause until the city gets its act together, it's going tobe shot down.""W e don't have any written or set policy regardingthis issue, but we are well aware of it," said Pau laWhite, coordinating attorney for housing law for Community Action for Legal Services (CALS). "But, I doknow that we do not represent anyone who is trying toevict another person . . . The way we operate now is thateach attorney makes a decision, and decisions are madeborough to borough and office to office, but clearly

even though we may have had some interest in thegroups' ventures, we do not see ourselves benefitt ing orhelping others by getting involved in eviction cases."CALS represents a number of tenants ' who are withholding rent because, they claim, they are not receivingproper services in the city's Alternative Managementbuildings."I think it's irresponsible to collect rent if there areviolations," said Daniel Greenberg, of the Mobilizationfor Youth, one of CALS's offices. "This person may beconsidered by the tenants' association to be a bad tenant

but he does have rights, and we are representing them. . . Why should anyone pay rent when the apartment isnot habitable? . . . Also, this goes beyond discussion ofconditions in an apartment, . . . It really is a class issue.Maybe a certain clique has taken over a building andnow it is up to legal services to defend the 'badtenant' . . . Maybe evictions shouldn't take place, butrather, the problems should be worked out. . . We reallyshould not be figuring out who are the worthy poor. " 0

Economic Development ProgrammerDepartment of City Planning seeks Programmer/Analyst for applications in commercial revitalization, employment studies, retail trade analysis. ReqUirements: B.A. plus two years COBOL or PL/IProgramming experience and background in planning. Salary: $19,000 to $22,000 per year depending on experience. Submit resume to:D. YoungDept. of City Planning16th Floor

2 Lafayette StreetNew York, NY 10007An Equal Opportunity Employer


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Self-Help Grants for Fout NYC GroupsFour New York City neighborhood groups havereceived federal grants totalling $451,938 for housingrehabilitation and economic development projects. Thegrants, which are awarded by the u.s. Department ofHousing and Urban Development under the National

Self-Help Development Program, will be used in conjunction with private financing and other governmentprograms, and will go toward such uses as lowering thedown payment costs for low- and moderate-income cooperatives and building acquisition costs.The grants are part of the second round of funding forthe self-help program, which awarded $5.3 million to 46groups in urban and rural areas. Last spring, in the program's first cycle, seven New York City groups shared$944,227.The organizations receiving funding in New York Cityare: Catholic Charities, in combination with a localdevelopment corporation; the Fifth Avenue Committee;the Northwest Bronx Community and Clergy Coalitionand the Renigades Housing Movement.

"This proves what neighborhood groups can do whenthey are given the funding," said Joseph McNeely of theOffice of Neighborhood Self-Help Development. "Inmany of these projects, groups are recycling syndicationproceeds earned from Section 8 projects they have cosponsored. "The Renigades Housing Movement, an East Harlembased group, is one of the few groups nationally to beusing their grant for economic development. The Renigades plan to use their $117,938 grant for acquiring andrehabilitating two vacant industrial buildings and leasing space to existing light manufacturing firms and newminority-owned businesses. Construction costs for theproject are estimated at $300,000.The Fifth Avenue Committee, in the lower Park Slope

section of Brooklyn, will apply its $118,000 federalgrant toward the purchase and rehabilitation of elevenvacant buildings on Warren Street. With Citibankproviding the construction financing, and permanentfinancing by the Aetna Life and Casualty Company, thegroup will use the city's Participation Loan Program torehab and then sell the buildings to moderate-incomeresidents who will then live in one of the buildings' threeunits and rent the other two. The group is attempting toget Section 8 housing assistance payment certificates forthe two rental apartments.Also in Brooklyn, in the Windsor Terrace section,Catholic Charities, in conjunction with a local development corporation, will rehabilitate seven vacantbuildings, four of which are presently city-owned. Usinga Section 312 loan, the group will offer the rehabilitatedunits for sale as low-income cooperatives. The $118,000HUD grant will help the group lower the down-paymentfor the co-op apartments. In all the project will develop49 units.The Northwest Bronx Community and Clergy Coalition will spend its $98,000 grant on rehabilitation ofnine privately owned multi-family buildings in thenorthwest Bronx in a jo int effor t among landlords, tenants, financial institutions and city agencies. The groupwill also develop packages and commitments for six additional buildings. Aetna Life and Casualty and five local savings banks are participating in financing the effort.Next year's allocation for the National Self-Help Development Program was rescued from a list of HUDprograms slated to be dropped by a Congressional Conference committee this summer. A total of $9 millionwas reported out of the committee-a cut of $6 millionfrom the amount requested. 0

On October 6, the Manhattan Valley Development Corporation began handing out application forms to lowincome city residents who could become future occupants of 59 "gut" rehabilitated rent subsidized apartments.The line for applications began forming at MVDC's Columbus Avenue off ice before 6 a.m. that day and wellover 2, 000 families have already returned the application forms fo r the 59 openings. MVDC views the tenant sel-ection process as an almost impossible task but expects to announce its choices in time for occupancy early in 1981.

9 City Limits/November 1980


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Two East Side Acres of Green Try to Hang On

Ruppert-Green garden off o fSecond Avenue on Upper East Side.

By Michael Henry PowellFor the last seven years, the Ruppert-Green gardenstood as an anomaly among the luxury high-rises andsmaller tenements of the Upper East Side. A two-acre,block-long lot on East 93rd Street between 2nd and 3rdAvenues, the garden is a tightly knit plot, subdivided into eighty-two separate garden patches and surrounded

by trees, bushes and flowers. In a textbook example ofself-help and community planning, neighborhood residents, funded and aided by city agencies and privatefoundations, built a green sanctuary amidst the towersof Manhattan.Now, however, the city Department of Housing Preservation and Development is preparing to refer the plotMichael Henry Powell has written and reported on his wide travels. toSoutheast Asia and the Upper East Side among other places. He iscurrently a housing organizer in Brooklyn.City Limits/November 1980 10

for development. Private developers will be asked tosubmit housing development plans for the property.Residents fear the garden will disappear, supplanted bydoormen, garages and luxury apartments. As JoeWright, a member of the Ruppert-Green Gardens boardof directors, put it, " I t looks as though we will just haveto pack up our tomatoes and leave."The survival of the Ruppert-Green garden centers ona number of issues, including the role of open spaces inNew York. As Stephen Schwartz, of the Trust forPublic Land, a nonprofit group trying to mediate thepresent situation, points out, "The concept of havingpermanent open spaces in the city is a controversial one.Their value is great, but they involve a type of longrange planning rarely found in these situations."


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The position of the Ruppert-Green Garden, Inc. on thisissue is clear; they want to stay and work out a mutuallyagreeable arrangement with the local community boardand would-be developers. The plot in question is an oldurban renewal site, obtained through eminent domain inthe early 1960s by the federal government. Shelly Stiles,president of the Gardens, said, "The area was originallypart of a trade-off betwen the city and the community.The Ruppert Towers were built with the rather explicitassumption that a school, or some other nonresidentialpublic use would be planned for our area." Unfortunately, " Stiles continued, "this agreement was verbaland seems to hold no weight with the city. HPD just seesdollar signs." And large dollar signs at that. The twoacre plot is valued at between $4 and $6 million.These monetary factors are not being overlooked bythe garden org


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In Rem Village on the Bronx River

Harding Park bungalow cottage.By Tom Robbins

In 1963, Pepe Mena took a wrong turn off of Soundview Avenue in the East Bronx and found himself in acluster of neglected bungalow cottages nestled againstthe mouth of the Bronx River. For Pepe, it was asthough having gotten lost in The Bronx, he found himself back in Puerto Rico."It reminded me of myoid country," he recalled, "of'EI Fanguito' (literally, the muddy place), the poor fishing villagers in Puerto Rico who were moved off theirland by the government because they said it was unsafe,and then sold to developers for millions."The little hamlet that Mena stumbled upon was calledHarding Park. Like a handful of other small seacommunities dotting New York City, it had, in its onehundred-year history, followed a progression from summertime retreat to year-round home for 240 workingclass families. Tucked away on the southern shore ofClason Point, one of the large promontories that ju t outfrom The Bronx into the East River, Harding Park today is the largest contiguous section of residential cityowned land in New York.City Limits/November 1980 12

It is also a community of homeowners whose claim totheir homes is arguable since they rent the ground onwhich they sit; it is a community of mapped, yet nonexistent, city streets, a community that has experiencedrapid racial change in almost total harmony; and, it is acommunity that has withstood the onslaught of flood,hurricane and Robert Moses and lived to tell the tales.And now, after decades of legal battles, HardingPark residents may be about to see their dream cometrue: to own their homes and land in deed as well asword.Separated by several vacant, overgrown acres fromthe rest of the surrounding area, where Mitchell-Lamahighrises and large industry spread themselves along theBronx River Parkway, Harding Park has an isolate remote quality of its own. Its remoteness has made it anideal spot for dumping-of landfill, garbage and the occasional victim of an underworld execution. The citystreets leading into the area dissipate into rough, waterdamaged roads. Here and there is the sign of a municipal presence: a cement road barrier, an occasional street


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lamp or a solitary hydrant pump lost in the middle of asnarl of wild grapevines showing where a street ought tobe, or perhaps once had been.Over the next few weeks, residents of Harding Parkwill be mulling over a package deal the city has proposed. In exchange for a reconstructed sewer system,tieing into the city sewage lines, a survey of propertylines and housing plans, certificates of occupancy forthe violation-filled homes, and title, deed, and ownership of all 240 homes to the Harding Park Association,which in turn can then convey the buildings to their individual owners, the city is asking $1 million.Not included in the city's offering is removal of nearly a quarter mile of rock deposited just off-shore byRobert Moses in the late 1950 s, nor responsibility forthe maintenance of the several private roads that meander through Harding Park. But even with the prospectof total responsibility for their own secluded corner ofThe Bronx, the citizens of Harding Park seem welldisposed to the plan, which could cost the low- andmoderate-income families perhaps as much as $5,000apiece.

Tents By the RiverBack at the turn of the century, summertime refugeesfrom Manhattan and the lower Bronx rode trolley, ferryand steamer to Clason Point where an amusement parkrivaling Coney Island sat. Thomas Higgs, owner of onehundred acres adjoining the park, decided to lease tenting sites to the visitors who would return summer aftersummer. When the apartment shortage following WorldWar I struck, some campers began converting theirleased plots to bungalows for year-round living.Informally, the community grew, until more than 240families were making the campground (redubbed Harding Park in 1924 after the then President) their home.In an era when housing codes were only scantily enforced, the community grew without major municipalhindrance. The area attracted insular people-Irish,Finns, Norwegians and Swedes, as well as Germans andItalians-many of whom had made, or still did make,their living from the water.In spite of numerous changes in the overall propertyownership, the residents remained tenants, payingground rent to a succession of private owners. Theirrepeated attempts to purchase their plots were rebuffedby landlords keeping a watchful eye on the possibiltiesfor lucrative large-scale development.In the late 1950s tenants of Harding Park won a significant victory in court when they opposed the currentowner's attempt to collect large rent increases. Thecourts ruled that the residents were legally rent controlled in the same fashion as apar tment dwellers in preWorld War II buildings. A law pushed through thelegislature by then Governor Rockefeller reinforced thatstatus.But the most dangerous thrust against the Harding

13

Park community came when New York City ParksCommissioner and master builder Robert Moses proposed to raze the "Soundview slums" as he contemptuously referred to them, and replace them with luxuryhousing and a marina. Following a logic that served himwell on numerous other occasions, Moses opted simplyto begin the work before any approval had been won.Without warning, huge barges and dumptrucks begandumping rockfill a few feet off the shore.Helen Ocuzzio, whose father settled in Harding Parkjust after World War II, remembers hurling tomatoes atthe windshields of Moses' trucks as they lumbered downthe narrow, unpaved streets. The planned "urban renewal" for Harding Park died after serious questionswere raised over the favorable terms of sale of the property to influential Bronx politicians. But, despite the endof the Moses threat, a seawall of rock was left curvingoutward from the edge of Harding Park, blocking anarea where families had swum together.The added rockfill also served to highlight the majorproblem in the little infrastructure that exists in HardingPark. The crumbling, six-inch clay pipes that serve as asewage system empty directly into the water. Previously,the normal tidal action of the river had washed the sew-age away, but now, with the rock blocking the river'sflow, the closed-in area became virtually an open cesspool.The last private owner of Harding Park, FederatedHomes, walked away from the property in 1978. Foiledin all attempts to either raise rents or convert the area into commercial or recreational usage-a zoning changeto low-rise residential had been the final dent in thatplan-the speculative possibilities waned. When thechange in the city's law regarding real estate tax delinquency opened the floodgates for thousands of apartments to become the property of an unwilling city government, Harding Park was swept in right along withthe rest.

TransitionA visitor entering Harding Park via Gildersleeve Avenue first passes the community's pride-the AviationVolunteer Fire Department where an ambulance and asecond-hand pumper sit in a garage that doubles ascommunity meeting place and firehouse. ."The nearest city firehouse used to be two and a halfmiles away," said Arthur Seifert, who lives around thecorner in Pugsley Creek and is the area historian. "Nowthe city is a mile closer, but two years ago we answered600 alarms." Like other structures, the firehouse needsupgrading. But next door, a Hispanic family is completing work on what they say will eventually be $75,000worth of renovation and additions to a shack purchasedfor $1,500. Because plot sizes are so small-one-half thesize of an average city plot of 25 feet by 90 feet-the versatile homebuilders start building anew around the bungalow in which they are living. The final step in this pro-

City Limits/November 1980


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cess is demolition of the old structure now encased in anew shell.When Pepe Mena first happened upon his northern'El Fanguito,' many of the houses, some little morethan shacks, were in disrepair. Mena was the first Hispanic to move into Harding Park, and once there,whenever he knew of a structure for sale he quicklybrought in a friend to purchase it, in one of the sub legaltransactions that must characterize all property ex-change among the deedless homeowners.The community is now roughly fifty percent Hispanic: .:Dominicans, Cubans and Puerto Ricans joining theolder European settlers. The transition has been rela t i ~ e l y peaceful, and almost unmarred by racial animos

, iWhen I first moved into Harding Park," said Mena,"s6me kids wrote outside on the street, 'Spic, Get Out!This is an Irish Reservation.' I didn't worry about it. Iwent and bought them a six-pack of beer and that wasthe end of it."

The Hispanics who moved in brought with them theirsavings and a willingness to take a risk in a legally precarious situation. Martin Ward, who came to HardingPark just in time to be flooded out in the great hurricaneof 1938 which sucked away bungalows and houseboatsnever to be seen again, said the coming of the Hispanicshad been a blessing to the community.Many of the newcomers were older people, verging onretirement. Overall, the Harding Park Association estimates its population at fifty percent senior citizens,many of whom had balked at putting further investments into their homes because of the constant threat ofeviction and demolition that hung over the community.

These days, however, in many spots Harding Parkhas the air of a revitalized community about it. Newplywood- and tarpaper-covered frames are growingaround aged bungalow cottages. The sound of hammersand electric saws fills the air.While some blocks show signs of care, effort and investment, not just in the homes themselves, but also inthe lawns and walkways, others stand out as still dilapidated and unimproved, which is one reason residentshave stipulated they are not interested in cooperativestatus when and if the sale of the land is made.Some of the older cottages lie snuggled in dense

foliage-willows, oaks, ailanthus and creeping ivyabound. Behind the carport of Pepe Mena's house, anancient chestnut tree stands. Harding Park's proximityto the water and heavy tree covering make the area abrief respite for visiting tropical birds. Pepe Mena iscurrently spending a good deal of time observing fivegreen parrots that have been around all summer andearly fall. "We've got parrots, canaries, parakeets, allkinds of strange birds," he said. Besides the birds, thearea also sports fig trees, wild grapes, cherries andstrawberry bushes which cluster in the backyards and inCity Limits/November 1980 14

the untended areas where no surveyor has mapped out aproperty line. Roosters and chickens roaming the streetsdown by the river's edge complete the picture of a community that has somehow been bypassed in time.City SewersDealing with Harding Park may have seemed a smallproblem compared to the thousands of tenement dwellers for whom the city was landlord. But not for long.Early in his reign, Charles Raymond, at the time the cityHousing Department's commissioner for propertymanagement, came face to face with the feisty tenantsof the Bronx River. With a degree of self-organizationthat already had been tested and tempered in legal battles, the community demanded attention to its rapidlygrowing sewage problem. Ocuzzio, then President ofthe Harding Park Association, said she threatened "tohave 240 bags of excrement" on Raymond's desk if hedidn't deliver plumbing assistance forthwith.The association enlisted the aid of local politicalleaders. Congressman Mario Biaggi, State Senator JohnCalandra and Assemblyman John Dearie all made helpful calls to the city on behalf of Harding Park. Residents also went out and hired Olga Mahl, an experienced housing attorney, to represent them in their negotiations.Raymond assured residents that an arrangementcould and would be worked out. Anticipation in thePark mounted, but little progress toward sale appearedto be being made. The city did contract to have repairwork done-some $100,000 was spent repairing brokensewer lines. But it was clear that patchwork repairswould not solve the problem. Ultimately, the solution tothe sewage problem was part and parcel of the largerdilemma-how to transfer title to the residents of Harding Park.

"There's not a house in Harding Park that is in compliance with any housing code ever written," declaredSteve Norman, who for the past year has been the city'smain troubleshooter for Harding Park. Except for possible safety threats, the noncompliance of the bungalows will be dispatched with by a wave of theplanner's magic wand-called "grandfathering" thebuildings under the code, Le., in existence before therules were written, they will be allowed to remain as is.Owners doing new construction, however, insists Norman, should at least file plans with the BuildingsDepartment.But, said Olga Mahl, "The buildings department hasgiven its benediction on the renovations. They don'twant to hear about Harding Park," she claimed. "T othem it's a nightmare."Solving Harding Park's sewage problem also has itsnightmarish qualities. On a hot day this past summer,Norman and three workers from the water departmentcame to the Moses-created "lagoon" searching for theoutfall pipes of the system. Ebbtide, recalled Norman,


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was an unfortunate time for an exploratory search. Thenew sewer system should solve what Mahl describes as a"health disaster" in the lagoon. But as for dredging andremoval of the rockfill, the city estimates that workcould cost millions and make the purchase price for thePark out of the residents' reach. "I'm also concernedthat there may be heavy metals down there," Normansaid. "There could be PCBs stirred up once you go digging around." He also notes that the rockfill has servedas a bulkhead for the homes near the water's edge,checking further erosion.The rockfill and the purchase price could becomesticking points in the negotiations between the Park andthe city. There are homeowners in Harding Park whobelieve that having paid for their homes once, theyshould not be forced to do so again. The city, however,is optimistic. "We've arrived at a good solution," saidWilliam Eimicke, city property management commissioner. "Right now it's still pretty fragile, but I hope itwill go through."

Looking across the lagoon, out past Moses' unwantedbulkhead, on a recent overcast day, the dark grey sky-

Harding Park vacationers, circa 1898.

line of Manhattan was sharply etched against the sky.To the east, airplanes rose and landed from LaGuardiaAirport, occasionally passing low overhead with a sustained roar. Just to the south across the Bronx River,the huge warehouses of the Hunts Point market sit.Harding Park's attraction as prime waterfront realestate seems obvious, even to the uninitiated. Like theowners before it, the speculative possibilities of the Parkflickered briefly across the drawing boards of the cityhousing department. Its decision to reject that optionmay well earn it the everlasting gratitude of the peopleof Harding Park.Recently, Pepe Mena took time out from putting newinsulation into his house to show some visitors a particularly dilapidated hut where one of the Park's seniorcitizens lives in apparent obliviousness to the dangerouspitch of the roof over his head. Breaking of f suddenlyfrom his conversation, Mena pointed overhead. "Look,there's the parrot," he exclaimed. A flash of brightgreen and a loud screech came from above. For severalminutes Pepe Mena said little, constantly scrutinizingthe leaves and sky. "I waste so much time looking atthose damn parrots," he said shaking his head. 0



16/24

An Inner Oty Health Hazard

, " &7.,'

By Eric Goldstein"I can easily tell them apar t from the other children,"said Devika Hubbard, director of the Winifred WheelerNursery School in the Matt Haven section of the SouthBronx. "They look drowsy, less alert." The children inquestion are those whose families frequently turn ontheir gas stoves when landlords fail to provide adequate

central heat. Last winter seventy of Hubbard's pupilsand 120 families participated in a public health study onthe use of gas ranges for heating in Bronx apartments."This is a largely unrecognized health problem," saidDiana Hartel, a Columbia University graduate studentin Public Health who directed the study. Assisted byworkers from the East Side Settlement House, Hartel1l!easured levels of nitrogen dioxide and carbon monoxitre, both potentially lethal gases, in 120 subsidized and

~ ~ n s u b s i d i z e d apartments, inhabited by black and Histfanic families whose yearly incomes averaged $6,000.., The research found, not surprisingly, that the mostcommon response to inadequate central heating is toturn on the stove or oven, or both. Hartel estimates tha thalf the households in the South Bronx use the range fordistress heating, and said the percentage is likely to behigh wherever central heating is inadequate. Twentythree percent of the families she visited kept the rangeon for heating either "frequently" or "constantly" during cold weather. Of these, twelve percent left it runningEric Goldstein has written fo r numerous publications and is presentlya staffreporter fo r The Villager.

City Limits/November 1980 16

all night.To make matters worse, many families kept all doorsand windows shut, and plugged cracks and gaps in windows, doors, and floors with rags, plywood, and cardboard. This way, heat escapes more slowly-but so dothe gases. "Some of the people who grew up in the

Caribbean try to make their indoor air tropical,"observed Hartel. "They keep their burners and ovensrunning continuously, with a pot of water on the stovefor humidity. Their windows are closed and steamed up,and the temperature inside often reaches 75 or 80degrees."Hartel performed preliminary psycho-motor tests onseventy preschoolers which confirmed Hubbard's observations about their appearance. The children comingfrom homes in which the gas range was used regularly tohelp heat the premises showed a slower response rate inthe tests than the other children, their performanceworsening after cold snaps, when the use of the rangeincreased.Gas ranges produce, among other pollutants, nitrogen dioxide (N 0 2) and carbon monoxide (CO). Carbonmonoxide is a lethal, odorless gas which prevents theuptake of oxygen in the bloodstream. In large doses, itis fatal. In small doses it causes drowsiness or fainting.Studies have also linked it to the development of heartdisease.Nitrogen dioxide has been shown to increase susceptibility to respiratory infection in animals. Researcherssuspect similar effects on humans. Although it was un-


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able to isolate nitrogen dioxide as the culprit, a 1979study of 4,827 English and Scottish children showedthat the incidence of respiratory illness was higher inchildren living in homes with gas ranges than homeswith electric ranges.When ventilation was poor in the apartments Hartelvisited, the chemical substances reached levels three tofive times the outdoor standards set by the Environmental Protection Agency (EPA). The EPA has not yet established indoor standards for any air pollutants, although the Occupational Safety and Health Administration has set standards for the workplace.With an increasing national stress on energy conservation, the health impact of gas range emissions andother forms of pollution in the home promises to become a major housing and energy issue. People are opting increasingly for gas appliances as the price of gasfuel becomes more competitive. More significantly,many weatherization strategies reduce ventilation: themore airtight a unit, the lower the rate of air change,meaning, of course, the longer pollutants are trappedinside.

These trends in energy conservation are growing at atime when, as EPA conservation specialist David Bergputs it, "Studies are beginning to establish that wereceive most of our exposure to certain pollutants indoors rather than outdoors." Berg is involved in thenewly formed Interagency Research Group on IndoorAir Quality. A joint effort of the EPA, the Departmentof Energy (DOE), the Department of Housing and Urban Development, the Consumer Products Safety Commission, and other federal agencies, this is the first major indoor pollution program to focus on the homerather than the workplace. The consortium plans toaward grants for studies of the health effects of gasrange pollution, ambient cigarette smoke, insulationmaterials such as asbestos and formaldehyde, caulkingsubstances, radon (a radioactive gas given off by concrete and other building materials), and other pollutantscommonly found in homes.The DOE is eagerly following these studies because oftheir implications for the Department's proposed Building Energy Performance Standards (BEPS). Four yearsin preparation, these standards would set consumptionguidelines for most new construction, thus altering theway buildings are constructed in this country. According to James Binkley, of DOE's Conservation and SolarEnergy office, the BEPS could result in an Air ChangePer Hour rate for new buildings that is half the averagerate in existing buildings. This means that the exfiltration of pollutants in new buildings would take twice aslong on the average as they do now. DOE is investigating the feasibility of "heat exchangers"-deviceswhichuse heat recovered from air leaving the home to heat incoming air-as a solution to this problem.Agencies involved in the weatherization of low- and

moderate-income New York City apartments do not see,at this point, health hazards resulting from their techniques. Both Steve Minden, an architect for the EnergyTask Force, and Andy Reicher, of the Urban Homesteading Assistance Board, say that normal weatherization work in the city does not drastically tighten the"building envelope." Reicher says that all the kitchensin UHAB weatherization projects have either windowsor mechanical exhaust fans, and that UHAB avoids insulation materials whose safety is being questioned,such as plastic vapor barriers. "Basically," he adds,"we haven't worried too much about the health efectsof weatherization in New York because you just can'ttake a l00-year-old tenement and tighten it up thatmuch.""With poor ventilation, simply baking a turkey in theoven will raise nitrogen dioxide levels above the EPAoutdoor standard," says David Berg. In South Bronxkitchens, where stoves are used not only for cooking butalso for distress heating, Hartel estimates the averagenitrogen dioxide level during a 24-hour period to bethree times the EPA outdoor standard.The most effective way to reduce this hazard wouldbe to force landlords to provide adequate central heating. More realistically, the levels of gas range pollutantsin a household can be lowered by opening doors or windows, by use of an exhaust fan, an electric heater, orhaving the range adjusted. By a simple adjustment, amechanic can bring the levels of carbon monoxide andnitrogen dioxide produced by the flame to an

"optimal" balance.In a follow-up meeting with the participating families, Hartel discussed her findings. "They were interes ted," she says, "but they told us that when the coldweather comes, their first concern is to stay warm."Richard Arcari, Con Edison's Director of CentralCommercial Services, acknowledged that sample studiesshow that in cold weather gas use among some residential Con Ed customers far exceeds the amount requiredfor normal operation of a range for cooking. Arcari refuses to estimate how many of Con Ed's 948,000 gascustomers use their stoves for distress heating. "ConEd's contact with the household stops at the meter. Wesend out inserts with our bills about proper use of thestove, but beyond that we're not involved in this problem. "

"When I first came to the community with my research plan,"observes Hartel, "some people thoughtthis was just another racist study to show low mentalperformance among minority groups. But the participants came to realize that gas range pollution was an environmental problem of special importance to the urbanpoor." 0



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HUD STUDY CITIES RACIAL BIAS IN MORTGAGESMinorities in California and New York continue toface widespread discrimination in the mortgage market,according to a study prepared for the U.S. Department

of Housing and Urban Development.A study of mortgage application data collected inthose two States examined the different treatment applicants received on the basis of race, sex, maritalstatus, and redlining, that is, the location of the property. Practices by lenders considered discriminatory were:denial of application; charging above average interest;giving less of a loan than originally sought; variations inloan fees; and underappraising the property.Racial discrimination against prospective minorityhomebuyers was widespread though not equally severefor all minorities or in all areas. Mortgage applicationsfrom blacks were 1.58 to 7.82 times as likely to be deniedas were similar applications from whites in 18 of the 32California study areas and in six of the 10 New Yorkstudy areas. Blacks were charged higher loan fees in fiveof eight areas where the practice was studied. In anothereight areas where interest rates were examined, blackswere charged higher rates in two areas.Hispanic applicants received approximately the sametreatment as white applicants in the State of New York,with the exception of the New York City metropolitanareas. In California, on the other hand, savings andloan associations consistently discriminated againstSpanish applicants. In both States, treatment of Asian

Nationallow Income HousingCoalition

WE'RE TRYING TO CONVINCECONGRESS THAT LOW-INCOMEPEOPLE HAVE A RIGHT TODECENT, AFFORDABLE HOUSI NG.We need your help to show them the broadsupport there is for major changes in ourhousing policy.PLEASE JOIN US-Receive our ActionAlerts, and find out what you can do.WRITE OR CALL:215 Eighth Street, N.E.Washington, D.C. 20002(202) 544-2544


applicants was not significantly different from whiteapplicants.The tests for redlining yielded mixed results. Discrimination on the basis of property location often tookthe form of underappraisal. Some support was foundfor allegations that lenders redline older or largelyminority neighborhoods.Study findings did not indicate discrimination againstfemales, although a few study areas showed higherchances of application denial or downward modification for female-only applicants. The underappraisal ofproperties was the practice most often encountered bythe female-only applicant. There was little evidence suggesting that lenders discount a wife's income.Among the sex and marital categories studied, thegroup found to receive the most unfavorable treatmentfrom lenders were applicants from male-only households. In two-thirds of the New York study areas, for instance, such applicants were more than twice as likely tobe denied a mortgage as a male-female household. InCalifornia, they were found to pay higher interest ratesand loan fees than any of the other householdcategories .The Joint Center for Urban Studies of the Massachusetts Institute of Technology and Harvard Universityprepared the study with a $162,000 grant from HUD'sOffice of Policy Development and Research. 0

EAST/WEST CONCOURSEPRESERVATION CORPORATIONAnnounces the opening of itsEviction Prevention CenterA New York State Neighborhood Preservation Corporation,East/West will assist tenants with dispossesses, evictionnotices and tenant-initiated actions. Individual assistanceand housing court representation will be provided throughthe Eviction Clinic. The Center will be open:Wednesday 9 AM to 1 PM -Individual CounselingThursday evening 7 PM - ClinicFriday afternoon 3 PM - Clinic

The Center is free, but due to limited space, tenants shouldcall to register. Clinics for individual buildings or tenantassociations are also available, at the tenants' building orthe Center upon request.

For further information call;Charlei N. Henderson Jr., DirectorEast/West Concourse Preservation Corporation901 Sheridan AvenueBronx 10451(212) 5888868, 67


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City Drafts Displacement PolicyIn response to a request from the federal Department ofHousing and Urban Development, the city housingagency has formulated a draft policy statement on howit will avoid displacement of low- and moderate-incometenants through the use of federal Community Development Block Grant funds.Although the policy has been accepted by HUD, andincorporated into the city's Housing Assistance Plan, city housing officials have said the policy is "still underdiscussion" and not yet an official document.The policy focuses on four programs which are funded through the block grants: the Article SA Loan Program, the Participation Loan Program, the dispositionof In Rem buildings, and Section 8 substantial rehabilitation.Accusations of displacement engendered through theprograms have been raised frequently by communitygroups, although no comprehensive study has yet beenmade of the problem. As a first step toward that work, aconference on displacement, sponsored by a coalition ofcommunity groups, will be held this month. Much ofthe conference's focus will be directed at the effect offederally funded programs. The conference will be heldat District 65, 65 Astor Place in Manhattan on November 15.The city's policy is prefaced by a disclaimer that anydisplacement has resulted from the programs. "Therehas not yet been sufficient evidence to support specificclaims that displacement has occurred," it says. Thepolicy affirms that in approving developers and owners

involved in Section 8, Participation Loan and Article8A programs, the city requires disclosure statementsfrom prospective participants, as well as making its owncheck through city records to determine if there is a previous history of displacement or harassment.Stating that since the Participation Loan Program isaimed at moderate rehabilitation, with tenants remaining in occupancy, the policy says, "The potential forprior displacement or harassment is extremelyunlikely." The policy states, further, that after each tenant has been informed of the extent of the proposed rehabilitation and the resulting rent increases, "Approvalmust be obtained from at least 70 percent of the tenantsbefore [the city] will propose that a loan can be closed."As a measure to further insure that tenants can remain in place, the policy cites the availability of Section8 existing housing subsidy certificates for those families

that meet the eligibility criteria, and would be payingmore than a quarter of their income in rent.As remedies when displacement or harassment hasbeen ascertained, the policy stresses the use of presenthousing laws which provide for fines and other penaltieswhen a finding of harassment is made. Further, the policy states: "The city . . . maintains a strict policy whichprecludes further dealings with developers or ownersagainst whom harassment or displacement has beenalleged."For further information on the displacement conference, contact Ray Rodriguez at the Pratt Center at(212) 636-3486. 0

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ItWorksTRY ADVERTISING INCITY LIMITSA marketing survey of 15 samplecommunity groups showed more than$14 million spent on rehab supplieslast year.For further information on displayand classified advertising rates call(212) 477-9074.



20/24

Short Term NotesAnti-Westway Group Formed

A new city-wide anti-Westway coalition working toensure the trade-in of $1.5 billion in federal transportation funds for mass transit has called on Mayor Kochand other elected officials to support this effort.Known as the City-Wide Committee for a Trade-In,its membership comprises public officials and agencydirectors,In its campaign to trade in the Westway funding, thecoalition is supporting the Metropolitan Action Institute's complaint which charges that the construction

of Westway would constitute discriminatory action.According to Paul Davidoff, executive director of the

Metropolitan Action Institute, "The charge leveledagainst Westway represents a new area of civil rights activity. Until now, transportation planning in New Yorkhas made little acknowledgment of the differences in carownership patterns between relatively affluent and relatively poor groups. Since large numbers of blacks andPuerto Ricans in New York are without automobiles,proportionately many more than whites, the building ofa super highway would tend to exaggerate the differencein mobility opportunities."He also pointed out that the construction of the highway would offer far fewer job opportunities than woulda mass transit improvement package. 0

Found: An AffordableRehab ProgramNew York City's unique efforts with its hugestock of city-owned buildings is receiving nationalattention. The Department of Housing Preservation and Development reports being swamped bynetwork television, radio and out-of-town pressrequests for information on a new city programaimed at eliminating the blighting effects of vacant, tinned-up city-owned buildings.The program is a $50,000 effort to cover the tinwindow seals of abandoned buildings, on blockswhich have just one or two such structures, withplastic decals depicting a brownstone-type charm

of wooden shutters and potted plants. At a cost of$6 each, the decals, which were designed by CETAworkers under a cultural program that has sincebeen severely cut, have been used in Brooklyn onblocks requested by local planning boards. Residents of those blocks, apparently despairing ofever seeing the buildings revived, have beencheered by the modest improvement.The decal program received major play in allthree New York dailies, as well as on numerousevening news telecasts. The publicity was in sharpcontrast to the dearth of reporting on the alternative management programs, or community efforts to increase city spending on rehabilitation. 0

Conference CallThe first comprehensive conference dealing withalternative management programs for city-owned buildings will be held November 7 and 8 at Hunter College.Sponsored by the Community Service Society and Hunter College, the form and content of the conference hasbeen set by a broad committee consisting of both cityhousing officials and representatives of neighborhoodgroups working with city-owned buildings."This will be the first time that people in the communities and city housing department staff have gottentogether to discuss mutual problems in an opencontext," said Peter Meiser of the Community ServiceSociety.The conference will open Friday evening with addresses by Hunter College President and former HUDAssistant Secretary Donna Shalala and Deputy Mayor


Nathan Leventhal. On Saturday, HPD Deputy Commissioner for Property Management William Eimickewill speak on the status of the problem of city-ownedhousing and the city's role as manager. Workshops inthe morning and afternoon will focus on important aspects of alternative management, including: rehabdesign and implementation, maintaining the stock oflow-income housing, legal aspects of sales and cooperatives, financing rehabilitation and the communitybased organizations as housing manager.Following the workshops, HPD Assistant Commissioner Philip St. Georges and Robert Schur, author ofThe Neighborhood Housing Movement and a housingconsultant, will speak on the future of alternative management and the housing movement. For more information call Yvette Shiffman or Peter Meiser at (212)254-8900. 0


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Senior Citizen Rent Exemption IncreasedOn October 16, the City Council unanimously extended the annual income ceiling for eligible senior citizensin the Senior Citizen Rent Exemption Program from$6,500 to $8,000 and made it retroactive to July I, 1980.This means that rent-controlled tenants 60 years of ageor older who did not challenge the fuel pass along in Julystill have the chance to avoid paying the passalong, aswell as future rent increases, if this increased incomeceiling makes them eligible for the city-run program.Senior citizens 62 years of age or older who live in rentstabilized or rent-controlled housing, have an annualhousehold income of $8,000 or less after taxes, and pay

at least one-third of their income for rent can qualify byfilling out an exemption application, available at District Rent Offices and senior citizen centers. The retroactive clause for rent-controlled tenants also applies torent-stabilized residents. The final filing date for bothcategories is December 31, 1980.Rent-stabilized senior citizens will probably benefitfrom a recent administrative change in the exemption

POSITIONS AVAILABLESupervising AttorneyThe Legal Aid Society is seeking an attorneywith four or more years relevant experience tosupervise a staff of attorneys and paralegals incounseling owners and tenants. Representationof low-income tenant organizations and community housing groups. Article 7A proceedings,housing litigation, building management, antiabandonment strategies, building acquisitionsby tenant, rehabilitation financing and co-opconversions. Administrative ability and knowledge of government housing programs requiredSalary commensurate with experience.AttorneyThe Legal Aid Society is seeking an attorneywith one to two years' experience in poverty lawto specialize in the areas of landlord, tenant andwelfare relations. Duties include: representationof individual low-income clients in HousingCourt, summary proceedings, administrativehearings, appeals and Article 7A proceedings.Required to train and supervise volunteer attorneys, law students and legal assistants inhandling housing and welfare cases. Effectivelitigation and writing skills required. Salary$20,000 plus.

Send resume to: Community Law Offices230 East 106th StreetNew York, NY 10029Attn: Pierre Nau

program. As of Oct. 1, 1980, all processing of applications for rent-stabilized tel1ants is being done by HPD'sDivision of Rent Control at 110 Church St., Manhattan.The Conciliation and Appeals Board will no longer process applications for rent-stabilized tenants, and theprocess is expected to move faster. Joan M. BrintonO

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Conference CallConference on Housing-Creative and workable strategies for reducing the cost of new and rehabilitated rental housing for low-, moderate- and middle-incomefamilies will be explored at a two-day conference on November 20 and 21st at the Holiday Inn and the NewYork Coliseum in New York City. Sponsored by theCenter for Community Development and the states ofConnecticut, New Jersey and New York, the conferenceis directed to practitioners in the fields of communitydevelopment, planning, housing development, financeand government. For more information contact SusanStetson (914) 761-5991.

A New Publication from PrenticeBowsher AssociatesPeople Who Care: Making Housing Work for the PoorBy Prentice BowsherA compelling look at 13 community-baledlow income houling groupi in leven ~ o r citiel from New York to Denver.Through the words of neighborhood participants, this 2g5-page study reviews the philosophies and operations, and records someof the processes behind neighborhood selfhelp efforts . Analyzing both the accomplishments, and some of the problems, thisin-depth look at the experience of community-based housing groups covers the originsof the housing movement and also takes alook at what the future may hold.People Who Care$5 for individuals and non-profits, $10 fo ral l othersAvailable from: Prentice Bowsher Associates1522 Connecticut Ave. N. W.Washington, D.C. 20036



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Con tinuedfrom page twoINTERESTS: AN EXCHANGEin their building, if they could be guaranteed that itwould not exceed 20 percent to 30 percent low-incomeor black. People are not afraid of differences, they areafraid of change and afraid of being overwhelmed by it.

I t is interesting to note, too, that all surveys of blackson the question of integretation show that better than 60percent prefer to live in integrated communities andhousing developments where white, middle-class residents predominate. This they feel will guarantee them:better housing 1Daintenance, better schools and shopping, better parks and cleaner streets, and lower crimerates.I hope that some of your readers who respond to mybook have also had the opportunity to read it; it wouldbe a shame if all of them responded only to the reprehensible ideas Mr. Price gives me credit for.Oscar NewmanInstitute for Community Design AnalysisTo the Editors:In his letter, Oscar Newman has stressed again, themain elements of "Community of Interest" which Icriticized; among these, racial quotas based on the "tipping point" idea as a mechanism for achieving integration. If, indeed, integration is still a national goal forthe 1980s.In "Community of Interest," Newman called for thecreation of "microenvironments" which would be "created by people who select themselves." In his letter,Newman tells City Limits readers that "I advocate integration by race and income at the micro-scale; that isat the level of adjacent apartments in the samebuilding." Only the most naive would assume that theself-selection process in our society today would normally result in racial integration. There is too muchevidence to the contrary. Tokenism, perhaps, not integration. And if the self-selection process did not worknaturally to exclude or severely limit access, Newmanwould impose constraints by proposing, according tothe book, "a mix of income groups that will allow thevalues and life styles of the upper-income group to dominate" and provide a "percentage of low-income and/or,black families that is determined by the community andstrictly adhered to."Newman, it seems to me, concedes the point in hisbook when he places emphasis, not on integration at the"micro-scale," but states instead "a microenvironmentserving one life style group can be juxtaposed with othertypes serving other groups to produce a complex, integrated society at the macro-scale." That does soundlike separate-but-equal to me.Newman may come to his advocacy of racial quotas"reluctantly," but he's gotten there. And, again in hisletter, he justifies them by saying people-whites, thatwould be-are "not afraid of differences, they are

afraid of change and afraid of being overwhelmed byit." Therefore restrict by such quotas, the group whosenumbers might "overwhelm"-that is, make them statistically and politically impotent. This, it seems to me,is the utilization of racism to recreate it by once morelimiting the power of non-whites. Why, for once, don'twe recognize racism for what it is, a mechanism to deprive an unwanted-by some-minority group of powerand, as a matter of fact, stealing anything of value theyhave including living space-land?Newman may not have the same experience as someothers who have worked in urban communities andheard the same sentiments expressed by housing developers grabbing land for gentrification. In one recentcase in Manhattan, a developer wanting land in a lowincome, non-white community asserted the need for better "role models" for ghetto youth-when the real needwas for jobs and better housing. So the new sociologyfits the need for profits.Newman says that surveys of blacks show that theyprefer to live "where white, middle-class residentspredominate" because this would "guarantee them" allthe better things. One wonders who the blacks werewho were surveyed and even how the questions werephrased. But, beyond that; it may be that there are advantages in sitting at the master's table over picking cotton. But is this to be our criterion as we enter the decadeof the 1980s-as contrasted with a real struggle againstracism which may be creating a new permanent underclass of jobless members of minority groups-no matterhow many visible symbols of middle-class success wemay see?And is "W e Shall Overcome" now to be reinterpretedto mean "We Shall Overwhelm?" William A. Price

James Brown, Jobs Counselor, DiesJames N. Brown, Jobs Counselor for the Employment Development Unit of the Association of Neighborhood Housing Developers, died after a prolonged illness on October 27 at Bellevue Hospital. Brown,37-years-old, suffered from multiple infections of thepancreas and liver.A former sergeant in the United States Air Force,Brown joined the Association's staff earlier this yearafter several years employment with federally funded

manpower training programs. From 1977 to 1978 he wasManpower Director of the South Bronx/MorrisaniaService Center and was a consultant to numerous jobdevelopment organizations, including Coalition JOBSof the New York Urban Coalition, the Vera CriminalJustice Institute and Bedford-Stuyvesant Youth-InAction.Yvonne Lee, director of the Job Development Unit atANHD said, "His work was so important to him. Hecared so much about the people he was working with,and it made what we do so much more meaningful foreach one of us in the job development unit/' 0City Limits/November 1980 22


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A GREAT PLACE TO SAVE...AND NEARBY TOO.

ClassifiedCommunity Developer/Housing Organizer Needed-Duties includetenant and community organizing, management of housing clinic,supervision of housing staff, coordination of Displacement Prevention Project, grant writing. Salary range: $13,000 to $14,000. ContactBonnie Genevich, Children and Youth Development Services, 441 4thAve., Brooklyn, NY 11215. Telephone: (212) 788-4800.

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-------------------------------------o: The Editors, CITY LIMITS115 East 23rd Street, New York, New York 10010Please enter my subscription to CITY LIMITS.Individuals and community-based organizations:o One year $6 (ten issues) 0 Two years $10 (twenty issues)Private businesses, foundations, banks, government agencies and officialsand city-wide groups:o One year $20 0 Two years $35Group rates available.Enclosed is my check for $ , payable to ANHD / CITY LIMITS.Name: ____________________________________________________________________Address: ______________________________________________________________



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Fourteenth Street Market, Manhattan

COMMUNITY OF INTEREST: AN EXCHANGE p. 2 A CITY-OWNED VILLAGE p. 12ORDER IN THE HOUSING COURT p. 4 INNER CITY HEALTH HAZARD p. 16A GARDEN MIDST THE HI-RISES p. 10 SHORT TERM NOTES p. 20

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City Limits Magazine, November 1980 Issue

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Transcript of City Limits Magazine, November 1980 Issue