the gloves are off

Category: Annual Certifications

  • “Oh, no!! My tax returns and bank statements are published on the internet!!”

     
    Have you ever had that nightmare? Not yet, you say? Well, Gotham wants to bring it closer to a reality for you. And, oh, they are being so cool and casual about it.
     
    Just email us your Social Security number, your tax returns, all your bank statements, all your investment account statements, your wage & salary information, and every occupant's email address, they’re demanding in conjunction with the current certifications for LIHTC tenants. 
     
    No mention of security for the electronic files. 
     
    No promises not to share the documents with anyone who wants to see them. 
     
    No promises that employees won’t stick them on a flash drive and take them home for their own use. 
     
    No privacy policy whatsoever.
     
    If you want to increase the chances that your Social Security number and financial records will show up on the internet for purchase or for anyone’s use, please immediately send all of your most private financial information via email to Gotham as they are demanding. If you want to risk having the information that you give to them about your children show up on a website somewhere, go ahead and freely email the information to Gotham.
     
    Gotham is trying to claim that the electronic files are necessary because they are working remotely. That’s a lie. Office employees are seen on the property everyday. And the sad truth is that there are so many empty apartments that every office employee could have his own office-apartment with private bathroom and kitchen. Furthermore, if it’s not safe for Gotham employees to work on site, is it safe for tenants to live here?!
     
    Tenants should demand to continue to mail or deliver in a sealed envelope to the concierge desk their certification materials. Demand that Gotham NOT EMAIL any documents that include Social Security number or financial information to you for signing via DocuSign. DocuSign is not safe. That company has had high profile hacks of sensitive data. 
     
    Tenants should also demand to see Gotham Organization's Privacy Policy with regard to tenants’ financial records. What legitimate company in the 21st century doesn’t promote its concern for privacy of records? A person can’t even buy dog food on the internet at Mr. Chewy without encountering a Privacy Policy. Where is Gotham’s Privacy Policy? 
     
     

  • If you think there is a lot of poop on the sidewalks out front, get a load of what’s in Friday’s email from Gotham

    As you are trying to decipher the abstruse goop in the email sent out late Friday by Gotham's Rosemary Pagan, keep in mind the following information. 

    Below are links to the definitive regulatory agreements that govern the Gotham West Project from 2011. There are a lot of interesting rights in these agreements that Gotham West Management doesn't want tenants to know about.

    Download HFA Regulatory Agreement

    Download HPD Regulatory Agreement

    Download Inclusionary Housing Regulatory Agreement 2011

    First and foremost, there is a "good cause" eviction clause repeated several times which states that no existing tenant may be removed whether by eviction, expiration of lease, or for any reason other than good cause. Good cause is not paying your rent, damaging your apartment or the building, harassing your neighbors, or not following the building's rules. Unfortunately for Gotham West Management, good cause does NOT include its right to kick out a tenant from his home to make way for a larger household. Gotham is compelled to set aside another unit in the project for that larger household, NOT kick out the existing tenant. In other words, there is no Reassignment Right of the Landlord in our leases or in the original regulatory agreements. Don't sign away your rights. Don't be tricked by a crooked, deceiving, untrustworthy landlord.

    This "good cause" eviction clause is also in First Tenants' leases.

    Second, tenants' annual certification obligations are specified in these documents and in the leases. There is NO existing obligation to sign lease riders that amend the terms of the lease in conjunction with the annual certification. NONE. ZIPPO.

    Third, Gotham West Management is expressly prohibited from charging low income tenants (rent-restricted) ANY fees other monthly rent, a $25 late fee, and a bounced check fee within certain limits. If Gotham West Management has tried to pass on any other fees to you such as their legal fees or administrative fees or repair fees, don't pay it. If you already paid it, take it back via the filing of a rent overcharge complaint with the DHCR.

    Fourth, low-income tenants are expressly entitled to a true utility allowance by the regulatory agreements and by the leases. Furthermore, Gotham West Management is expressly required to apply to HFA if it thinks that it has a legitimate reason to eliminate the utility allowance. Gotham West has made NO application — this, according to the office of our elected official, Linda Rosenthal. Any removal of the utility allowance from lease renewals is illegal. The utility allowance is not a GIFT from Gotham West. It is not optional. It is compelled and it is part of the lease.

     

     

  • If you want to lose your apartment

    at Gotham West, be sure to sign the suspicious low-income lease rider that Gotham West management is sending to tenants in low-income (income-restricted) apartments. Specifically, these riders are coming from Alany Coello, Compliance Specialist, and are made to look like they are part of the annual financial certification. They ARE NOT a legitimate element of the annual financial certification. But Gotham West management is trying to coerce tenants into signing the riders by misrepresenting through trickery that the riders are a requirement of the annual certification.

    These riders contain a new Reassignment Right for the landlord which says in effect that the landlord can move you out of your apartment and into another apartment when your lease comes up for renewal. For example, if your home is in the 550 building, you might end up being uprooted and moved to the 510 building or possibly even to another one of Gotham Organization's properties like the dilapidated Atlas building on Sixth Avenue. The point is that Gotham wants you to give them permission to treat you like chattel — a tax credit that they can move around from place to place when it benefits them.

    Lease renewals are legally required to be offered with the SAME terms and conditions as the original lease. If you will look at the Low Income Rider on your original lease, you will NOT SEE any Reassignment Right that says the landlord can move you around like a homeless person in a shelter. There SHOULD NOT be such a term in the renewal rider. But Gotham wants to TRICK you and COERCE you into giving them permission to move you out of your home and into a unit that they think is more appropriate for a low income person. Further, they want to be able to harass you by threatening to move you out of your apartment if you don't comply with all of their requests or, good heavens, aren't wearing stylish clothes that give the appearance of wealth.

    SHAME ON DAVID PICKET, OWNER OF GOTHAM WEST AND GOTHAM ORGANIZATION, FOR TRYING TO CHEAT AND TRICK TENANTS OUT OF THEIR APARTMENTS.

    Don't be fooled and don't sign the rider. If you begin receiving communications from Gotham that say things like "if you want to stay in your apartment" or "if you want to remain here" or "we will have to end your lease" as coercion to sign the rider, see an attorney at Housing Conservation Coordinators on 10th Avenue, call Assembly Member Linda Rosenthal's office, call Corey Johnson's office, call State Senator Brad Hoylman's office, start calling housing lawyers who will want to assess how big of a case they can make out of your problem. In the instance of this new rider, it would seem that a big, profitable case might be waiting for someone.

    Don't sign away your rights. Don't let your neighbor sign away his or her rights.

    By the way, on December 7th from 9:30-4:00, the 14th Annual West Side Tenants' Conference will be held at Fordham School of Law at Lincoln Center. Don't let this opportunity pass by. RSVP on the HCC website or phone 845-367-7003 or email jfurlong@hcc-nyc.org.

    WSTC2019

  • Welcome to all Gotham West NYC tenants

    Due to the escalating number of occurrences in which Gotham Organization's management has overcharged tenants and stripped tenants of rights guaranteed by their leases and/or Gotham West's owner's agreement with the New York Housing Finance Authority (HFA), it has becoming necessary to begin the process of formally organizing.

    You are invited to participate on this site through comments – particularly if you are a tenant in Gotham West at 510 W. 45th St., 511 W. 44th St., 530 W. 45th St., or 550 W. 45th St. If you reside in another Gotham Organization property and are aware of shady dealings, please feel free to contribute. Click on the individual post title to either read or write comments.

    Email addresses are required for all comments but will never be published. Anyone who wants their own email published should put it in the text of their comment. It is recommended that you not use your real name or apartment number since we're sure that Gotham West Management will have their eyes on this site day and night. Comments are moderated and will appear after site administrators have reviewed them. If the comment requires revision, site administrators will email the contributor — that's the only reason emails are required.

    Now, let's get down to business.