Housing tenants might move out, fight moves on

At an eviction proceeding last week, residents of a Jamaica apartment building who are refusing to temporarily vacate their homes so that a $1.5 million rehabilitation there may proceed, reluctantly agreed to consider other housing options despite their fear that if they leave they will never return.
The residents at 89-06 138th Street, a building containing 12 low-income apartments previously owned by the City's Department of Housing Preservation and Development (HPD), &#8220have agreed to be open-minded,” said their lawyer, Kenneth Schaeffer, following a 20-minute hearing before Judge Bruce M. Kramer of Queens County Civil Court on Thursday, December 14.
&#8220I really want to try to make this work,” Kramer told litigants, explaining that he hoped the parties could work out their differences. &#8220This is about mutual respect,” he said.
In June 2006, HPD sold the building to the Jamaica-based Allen Affordable Housing Development Fund (AAHD), a subsidiary of the Greater Allen A.M.E. Cathedral, through its Neighborhood Development Program (NDP). In that program city-owned buildings are sold to community-based not-for-profit organizations for rehabilitation and operation as affordable housing.
After taking over the building, AAHD, in consultation with experts, determined that a gut rehabilitation was needed and asked the tenants to leave voluntarily-and temporarily-for approximately one year. After the tenants refused, AAHD moved to have them evicted.
&#8220The building as it is now structured cannot be maintained as is. The infrastructure is in horrendous condition,” said Rev. Edwin Reed, chief financial officer for AAHD, citing a new boiler, electric system, floors, windows and doors among needed improvements.
Tenants - including Derrick Roberson, the building's superintendent prior to being relieved of his position recently by AAHD - disagree. Roberson said that the building received a new boiler in 1992 and underwent an electrical upgrade, received new pointing, windows and window gates within the past decade.
The residents believe that the gut rehabilitation is a cleverly-disguised ploy to make room for higher-paying tenants. They complain that they have received no written guarantee from AAHD that they will be able to return, and, that if they do, that they will not face rent hikes.
A Department of Buildings spokesperson was unable to determine the extent of electrical work done in the building based on available records and said it had no record of a permit having been filed for a boiler replacement. A lack of permit, however, does not mean the work was not done.
&#8220They tell us we are going to come back in one year, that they are going to gut and rebuild everything brand new from top to bottom,” said Rosario Alonzo, 55, who shares his apartment with his wife, two daughters and a college-age son. &#8220They're fooling us.”
&#8220The paperwork is flimsy,” said Tony Pimentel, 37. Pimentel said he is wary because his move into the building nine years ago was also supposed to have been a temporary relocation. He said that he moved out of his previous apartment on 146th Street under similar circumstances and was never able to return.
&#8220Our objective is to provide long-term, safe, affordable housing. We guarantee that they will be able to move back in,” Reed said, provided that they meet federal income guidelines.  Reed said that qualifying tenants will return at their current rate of rent or 30 percent of their income, whichever is more.
During the swift hearing, Schaeffer made known that his clients would consider relocating but that they wanted to first see completed work done by the contractor who will rehabilitate their building. They also asked to see other buildings rehabilitated by AAHD through the Neighborhood Development Program.
Judge Kramer adjourned the hearing until January 9 with the understanding that the tenants would be shown the apartments they requested to see and receive a written guarantee that they will be able to return to their apartments before then.
In turn, the tenants are to provide AAHD with information needed to verify their eligibility to remain in the apartments.
&#8220We're going to look at buildings, but we are not happy,” said Pimentel. &#8220It looks like we don't have a choice.”