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New shelters are opening across the City, as a record number of homeless New Yorkers  hits the streets. According to the New York Times, the 43,731 homeless people currently in shelters is an 18% jump from last year. The City has already had to open five shelters in the Bronx, and two in Manhattan and Brooklyn each, to accommodate the rising population.

Gothamist reports this rise in homelessness directly coincides with the City cutting Advantage, a program which helps subsidize apartments for formerly homeless people who maintain employment for two years. A weak economy and rising housing costs are also to blame, according to Patrick Markee, a senior policy analyst with the Coalition for the Homeless, reports the Times. 

Seth Diamond, the commissioner of homeless services, told the Times the program was very effective, and its abrupt end has made things difficult. Illegal hotels in the City are now being transformed into shelters, while some still retain long-term residents alongside the formerly homeless tenants.

The Times also reported neighbors frequently only receive a few weeks notice of homeless shelters cropping up in their areas. Emergency procedure allows for these shelters to be instituted by the City, without the City consulting Community Boards (though they must be notified in advance). Homeless shelters are required by New York law, though there are often limits on how long a person can stay.

“The current shelter census is the highest ever, officials said; the number does not represent the total homeless population in the city, because some people avoid the shelter system,” reported the Times. There are currently 228 homeless shelters in the City.

—Alissa Fleck

Mary DeGendre, a former New Yorker who now lives in Paris and was visiting with her husband and three teenaged daughters, had booked a suite at the Tempo for the week for $2,000. When they arrived today after a 16-hour flight, they were told they could not check in and scrambled to find another place to stay at the last minute.

“This was my Valentine’s Day present from my husband,” DeGendre said. “I’m a former New Yorker, I came here to visit, and I’m furious.” The family trudged off to the Beacon, at a rate of $360 a night.

While visitors became the unwitting victims of a sudden eviction, permanent tenants of the building say they’ve been suffering for much longer and are the real victims of the situation that they hope will now improve.

“There’s people coming and going at all times, an unbelievable volume,” said Stefan Capan, a real estate broker who has lived in the building, surrounded for the past six years by a revolving door of tourists, for 30 years. “The elevators are constantly breaking down. I have a different neighbor every day.”

Capan and his neighbors are hoping that this eviction will bring them some peace. Owners of the building, who are reportedly engaged in a legal battle with the company that has been operating the illegal hotel, were not immediately available for comment.

City Council Member Gale Brewer and State Assembly Member Linda Rosenthal were both on the scene this afternoon, helping stranded tourists and talking to residents.

“We hope this means that the rooms and apartments that are here become permanent housing for West Siders,” Brewer said. She described many ongoing problems that residents have had living with transient guests, like all night partying and loud noises.

“[They] should not have rented out rooms to unsuspecting
tourists,” said Rosenthal, who worked on the state law to make these hotels illegal. She said that she sympathizes with the stranded visitors but is happy that resident are finally getting some relief.

“He’s allowed the quiet enjoyment of his apartment,” she said of Capan. “It’s a threat to his safety, because they don’t screen [guests] for criminal records. It’s just untenable.”

Look for the full story in the April 19 edition of the West Side Spirit.

A new law will protect New York City tenants and tourists from the dangers of illegal hotels. The bill, sponsored by State Senator Liz Krueger and Assembly Member Richard Gottfried, was signed into law July 23 by Governor David Paterson.

For decades, landlords have exploited ambiguous wording in state and city laws to set up hostels for tourists, renting out small Single Room Occupancy units in apartment buildings to tourists looking for a good deal. Tourists, often drawn in by online ads, don’t always realize until they arrive that their housing is not in a bona fide hotel.

The new bill will make it easier for government agencies to prosecute landlords who rent out rooms to temporary visitors, and to collect the appropriate real estate taxes.

“By removing a legal gray area and replacing it with a clear definition of permanent occupancy, the law will allow enforcement efforts that help New Yorkers who live in SRO units and other types of affordable housing preserve their homes,” Paterson said, in a statement.

Permanent residents will no longer have to worry about the risks posed by illegal hotels.

“This is a real win-win for New York City residents and visitors,” said Kruger in a statement. “Residents will no longer see their apartment buildings overrun by transient tourists and visitors will no longer have to worry about arriving to find that their hotel is actually an apartment building.”

Residents of SRO units have been chased out of their homes by landlords seeking to make more money by renting their rooms out to tourists.

“This legislation is a crucial step in the preservation of affordable housing and SROs,” said Yarrow Willman-Cole, of Goddard-Riverside West Side SRO Law Project.

The real estate industry has been critical of the law. Real estate attorney David Satnick, partner with Loeb and Loeb, said that the rent from the transients allows landlords to improve their buildings. Without that funding, he believes that the apartment buildings will fall in to disrepair.

“It will turn away budget minded tourists who can’t afford pricey hotels and 1,000’s of workers will lose their job because of this bill,” he said.

The new legislation includes exceptions for roommates and boarders who rent rooms along with permanent occupants.

Putting a stop to illegal hotels will also put thousands of apartments back on the housing market.

The law is set to go into effect on May 1 of next year.

SRO buildings were never designed to occupy the amount of people that these converted hotels (“Lawmakers Move To Close Hotel Loophole,” July 15) are now housing. If there was ever a fire in my building, “The Belleclaire Hotel,” I’m afraid that there would be many deaths. These landlords are multi-millionaires and full of greed.

Joe Scalla
Upper West Side

Lawmakers and tenants groups urged Gov. David Paterson to sign the illegal hotel bill the Legislature passed.

With a Saturday deadline looming for him to veto or sign the bill into law, Paterson’s spokesperson said he is reviewing the legislation.

The bill’s authors, State Sen. Liz Krueger of the East Side and Assembly Member Richard Gottfried held a rally with tenants at City Hall July 21. Nearly every West Side elected official expressed support of the legislation.

Krueger said the bill was one of the rare instances where the city, the unions, trade associations and lawmakers support the same law.

“I believe if [Paterson] reviews the research done by his own counsel and policy staff, reviews the report that was produced and memos of support by pretty much everyone who’s been involved in this issue at all, he will understand how critical it is that he signs this bill,” Krueger said.

Borough President Scott Stringer said the loophole in the law hurts New Yorkers and tourists that stay in these hostels.

“I call on Governor Paterson to quickly sign this bill to ensure that our City’s residential buildings are kept safe from these illegal uses,” Stringer said.

There has been push back from hostel operators that feel they are being targeted for making money off their buildings fairly and providing low-cost accommodations for tourists.

Gottfried, however, noted the law would give the city power to shut down the most egregious illegal hotels that rack up complaints.

“The Buildings Department concentrates on people who are really bad actors,” Gottfried said. “No one ever heard of the city going after someone for occasionally renting out their apartment to an out-of-town visitor. It’s never happened.”

The city may be able to start cracking down on so-called illegal hostels that have flourished on the Upper West Side for decades.

Many landlords who own buildings with single-room-occupancy (SRO) units—inexpensive, dorm-like spaces—have taken advantage of ambiguous language in the city’s housing laws to set up lucrative hostels that officials say are illegal.

But the State Legislature may pass a bill that would tighten the language around laws for transient and permanent housing. The bill already cleared the State Senate June 24 with 32 votes, all Democrats.

“It’s harassment and dangerous for tenants to share their apartment buildings with transients trooping in and out at all hours,” said Assembly Member Richard Gottfried, the bill’s sponsor, who represents part of the Upper West Side.

Landlords can rake in much more money lodging tourists than collecting rent from low-income New Yorkers who stay in many of these units. The easy cash has led some landlords to harass and intimidate tenants out of the buildings to make way for transients.

“I hope… these buildings that are meant and designed for permanent residence are used as that and New Yorkers living here are able to obtain this affordable housing,” said Marti Weithman, project director for Goddard Riverside SRO Law Project.

The city has unsuccessfully tried to rein in these hotels. In 2009, an appellate court decided that the city could not prove a residential building was being “primarily” used as a hotel unless 50 percent of the units were for transients.

But that hasn’t stopped the Mayor’s Office of Special Enforcement from busting these operations through building code violations. In fall 2009, the city shut down two Upper West Side hotels run by Jacob Avid, who operates the Kore line of hotels. The buildings were partially vacated because of overcrowding and illegally subdivided rooms.

“Illegal hotels all too often erode our base of affordable housing while creating fire safety and security hazards and quality-of-life concerns in residential neighborhoods,” said Mayor Michael Bloomberg in a statement supporting the legislation, adding that the bill would “allow city agencies to issue summonses and initiate other enforcement actions against illegal hotels.”

Bye-Bye Brandeis: The Department of Education caught flack when it announced that the long-troubled Brandeis High School would close, with a grade being phased out each year, starting in fall 2009. Critics claimed the high school was struggling, not failing, and decried the lack of public input on the three new schools slated to take its place: Innovation Plus Diploma, Global Learning Collective and Urban Assembly School for Green Careers. Parents were mollified when education officials started collaborating with community groups to launch a fourth school, named after the Pulitzer Prize-winning author and former public school teacher Frank McCourt. McCourt High School, a small, selective school, will open in fall 2010 and eventually serve 432 students by the 2013-14 school year.

Fordham Fight: Neighbors fought with Fordham University about an expansion plan that would add nine new buildings to the campus, as well as commercial space and two luxury apartment towers, to help fund Fordham’s endowment. Community Board 7 rejected the plan in January, but Borough President Scott Stringer brokered a compromise that helped advance the proposal to the City Planning Commission, and eventually the City Council. After Council Member Gale Brewer netted a few more concessions from the university in June, the project got full approval.

Rents Dip: If there was one upside to the ghastly financial crash that deferred retirement dreams and demolished college savings accounts, it was that rents on the Upper West Side started to become affordable again, at least by New York City standards. Landlords offered to pay broker’s fees and dangled goodies like free iPods and gym memberships in the hopes of luring tenants to vacant apartments. The new pricing standard for one-bedrooms? $1,700, down from $2,200 in February 2008.

Donut Debates: Although the name may sound enticing, preservationists were anything but happy with the way “donuts,” or the collective backyards of a block that form a central green space, were being incorporated into development plans. Four schools—Dwight, York Prep, Chabad preschool and Columbia Grammar and Prep—petitioned the city for permission to expand into rear-yard areas, while neighbors complained of the erosion of common green space and modifications that were at odds with historic designations. In August, Council Member Gale Brewer contacted the City Planning Commission to talk about ways to protect donuts, calling them a “wisely planned and designed natural amenity.”
Dwight, Chabad and York Prep all ultimately received approval for their projects, and Board 7 is set to evaluate a completely revised plan from Columbia Grammar at its Jan. 5 full-board meeting.

Post Office Saved: The Columbus Circle Post Office was weeks away from closure when West Side pols announced that a deal had been reached with the building’s landlord, Alan N. Locker, to stay in the current space. With the post office’s 10-year lease coming due April 30, Locker had reportedly asked for somewhere in the neighborhood of $1.2 million a month in rent, up from about $400,000 a month, for a new lease at 27 W. 60th St. News of the imminent closure came as a surprise when it was first revealed March 31, spurring local elected officials and community leaders to leap into action.

Swine Flu Fears: The H1N1 virus—better known as the swine flu—was the most talked about illness this year. In April and May, when the number of swine flu cases seemed to be rapidly expanding, more than 16 schools closed their doors. That included St. David’s on East 89th Street, which closed May 18 after several students reported flu-like symptoms, and Horace Mann in the Bronx, where end-of-school rituals like exams were canceled and prom and graduation were threatened. By September, Dr. Craig van Roekens, chief medical officer for Manhattan’s Physician Group and a specialist in emergency medicine, estimated that 80,000 to 100,000 New Yorkers had already been exposed to the H1N1 virus. After taking flak in spring for not clearly explaining the process for closing schools, the Bloomberg administration sought to stay ahead of the flu in September by posting daily reports on school absenteeism and stressing prevention basics: wash your hands, sneeze into your arm and stay home if you are sick.

New York Loses Frank McCourt: Beloved teacher, acclaimed author and lifelong education advocate Frank McCourt died July 19. Although most were familiar with his Pulitzer Prize-winning memoir Angela’s Ashes, this newspaper also came to know McCourt as the emcee of the annual Blackboard Awards events, where he dazzled audiences with tales of his days in the classroom. McCourt, perhaps more than anyone, could articulate the idiosyncrasies of education with humor and warmth, and of course that lilting Irish brogue.

State Senate Dems Take Control, Lose Control: When State Senate Democrats were sworn in this January as the new ruling majority, they boasted of a new progressive era: pro-tenant laws, same-sex marriage, gun control and government reform. But the Democrats, with a slim two-seat majority, could not get their house in order. Infighting made passing bills difficult. The conference split on big issues, such as crafting a bailout package for the Metropolitan Transportation Authority last May. The anemic reform measures that did pass were touted as progress because of the bureaucratic morass that is Albany.
Then the June 8 coup happened.
In a parliamentary maneuver, two Democrats—Pedro Espada and Hiram Monserrate—sided with Republicans to put the GOP back in power. Monserrate eventually came back into the Democratic fold. But a month-long stalemate ensued in the evenly divided chamber, grinding Albany to a halt.
After a shake-up in leadership, the stalemate finally ended in July with the Democrats back in power.

Hudson River Drama: First there was the January “Miracle on the Hudson,” Capt. Chesley Sullenberger’s deft landing of U.S. Airways flight 1549, saving all 155 people on board. But an August crash between a helicopter and small plane killed nine and left elected officials demanding stronger regulations governing the use of Hudson River airspace. The rules, which went into effect in November, created separate paths for local and long-distance aircrafts, required local flights to fly below 1,000 feet and set additional requirements for pilots. U.S. Sen. Charles Schumer and Rep. Jerrold Nadler were not impressed, though, and urged the Federal Aviation Administration to consider mandatory flight plans and requiring controllers to be in charge of airspace below 1,000 feet.
H+H Tax Trouble: New York’s most famous bagel purveyor, H+H Bagels, seemed to be taking an Arthur Anderson approach to its accounting this year. The New York Department of Taxation and Finance shuttered both the West 80th Street and 12th Avenue locations in May because the business allegedly failed to pay $6,803 in withholding tax (the taxes taken out of employees’ paychecks) and $16,482 in sales tax. Both branches quickly reopened, but bagel baron Helmer Toro got in trouble again in November, when Manhattan District Attorney Robert Morgenthau indicted him for tax fraud. The stores continue to operate, and bagel lovers everywhere hope Toro shapes up before he’s shut down.

Illegal Hotels, Still: An evergreen story on the Upper West Side continued to make headlines in 2009, with two illegal hotels being targeted by the Mayor’s Office of Special Enforcement. A brownstone at 262 W. 73rd St.—which had been advertised to tourists as “Kore 73”—was found to have illegally subdivided rooms and was issued a partial vacate order Nov. 4. Farther uptown, the Broadway Hotel, at 230 W. 101st St., was partially vacated Dec. 3 after the Department of Buildings declared it “dangerously overcrowded.” The building’s occupancy is roughly 140, but it was equipped for 600 people, according to the city.

A tenant heads into the West 73rd Street brownstone that the city said contained illegally subdivided rooms. Photo by Andrew Schwartz

Tenants, who asked to be kept anonymous so they would not upset their landlord, said they started noticing tourists armed with luggage this past summer. A couple of months ago, they discovered that their address had been listed on websites such as www.hotels.com. The advertisement, which calls the building “Kore 73,” tells guests that the hotel’s check-in location isn’t at West 73rd Street.
“Guests must check in and pick up keys at Kore Properties’ office at 155 West 83rd St., New York City, New York,” the ad says. “The office requests that guests contact the office with estimated time of arrival upon booking confirmation.”
On more than one occasion, according to one tenant, tourists arrived at the building without keys and had to be directed to the office on West 83rd Street.
Until recently, more than half of the building’s 10 apartments were used as hotel rooms, the tenants said. Most visitors are Europeans who stay for just a few days.
The illegal lodging business is nothing new on the Upper West Side. Earlier this year, the West Side Neighborhood Alliance conducted a study that found 270 buildings operating as illegal hotels in Manhattan, Brooklyn and Queens.
Jackie Del Valle, director of organizing for the Housing Conservation Co-
ordinations, which sponsors the alliance, said most violations focus on fire safety code and safety in general.
Although the alliance found 270 buildings hosting illegal hotels in New York, Del Valle said the number, which came from websites and tenant complaints, is “conservative.” Often, tenants don’t want to jeopardize the relationship with their landlord by making formal complaints.
Although tenants at 262 W. 73rd St. approached Brewer about their concerns, the landlord, Jacob Avid, said they never approached him.
“I wish they had spoken to me,” he said when told about the complaints. “They haven’t, but I will call the tenants to speak to them about it.”
Avid said “just a few” apartments in the building are rented as hotel rooms and the building is the only property he rents to tourists. But the Kore Realty website lists a number of properties: Kore-83, Kore-150, Kore-339, Kore-6, Kore-31, Kore-341, Kore-94 and Kore-58.
At the time of the interview, which was before the partial vacate order, Avid said he didn’t think renting out hotel rooms was a problem.
“We’re allowed to rent out weekly-type situations, because it’s always been that way,” he said. “We’ve had it on and off through the years—it just depends on the situation with the economy.”
Avid did not return calls for comment after the partial vacate order was issued.
But Yarrow Willman-Cole, a tenant organizer for the Goddard Riverside Community Center SRO Law Project, said running a hotel in a residential building is never legal.
“Regardless of how you interpret the law, it’s still illegal,” she said. “There’s still issues with safety.”
But the building on West 73rd Street is classified as both a Class A building—
residential—and Class B, which can be used for transients, she said. The Department of Buildings lists three certificates of occupancy for the property. “Basically, you could say it’s a little murky,” she said of the building’s classification.
Willman-Cole said that legislation governing illegal hotels needs to be reworked.
“That’s what the next step of the city should be,” she said, adding that part of the problem is the relatively lenient penalties landlords face. “The trend is only going to worsen. We’re already hearing about it in the outer boroughs, Upper Harlem.”