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How to Assess the At-Risk Housing Complexes in Your Area By: Kyle L. Rosenkrans, Esq. Visiting Assistant Clinical Professor Seton Hall Law School Center for Social Justice
2. Strategic Disinvestment
Definition Can be a precursor strategy to empty building Source is often anecdotal reports from tenants Aggregating anecdotal accounts is key Early advocacy here can help preservation efforts later. Example
3. Excessive Evictions
Concentrated eviction activity in one building with the goal of emptying the building Zero Tolerance-like evictions Example
4. Foreclosure
Legal process by which government or other lien holder can initiate the sale of property in default on debt obligations Not common in New Jersey Can trigger certain tenant protections and incentives for preservation of project-based subsidies. Example
Case Studies
Carmel Towers, Zion Towers, and The Regency
HUD: Rental Assistance Payment, Project-Based Rent Subsidy, a/k/a orphan program
Contract expiration date: 07/31/2011
Concerns about lack of relocation funds and tenant ability to relocate with vouchers Key role of tenant organizers
Media
Outcome:
Recruited prospective preservation buyers and connected them with HUD, NJHFMA and city officials
Building largely vacated in course of six months. Still lies dark and vacant, a year later.
Large turnout for tenant meeting: 150+ Short-term contract expirations by HUD gave some tenants extra 4-5 months. Created more local background knowledge on potential preservation buyers in NYC metro area.
Challenge: By the time the contract expired, tenants were fed up with the poor conditions in the building and ready to take a voucher
Delta: with more advance notice, could have started organizing tenants earlier to demand habitability improvements and preservation.
Challenge: Local, state and federal elected officials failed to respond to inquiries by tenants; those who did were told by HUD that there was nothing that could be done.
Delta: needed to simply the law and clearly communicate to them that what they were being told by HUD was wrong and the building was preserve-able, if there was will.
HUD: Rental Assistance Payment, Project-Based Rent Subsidy, a/k/a orphan program
Contract expiration date: 05/01/2013
Outcome:
New ownership group is in the process of applying for a RAD conversation whereby tenant vouchers would be project-based on pre-payment.