Stopping RAD program violations may require some aggressive changes to negotiations. As seen in The Destruction of Public Housing By RAD Can It Be Stopped? there have been various actions taken to protect tenant’s rights. But if that is not enough there may be another answer to the question, “How do we protect tenant rights?” Let us consider the following.
Stopping RAD Program Violations
The Outlook So Far
Attend Meetings First Step In Stopping RAD program violations.
Attending meetings can be a lesson in futility. This is because the city and developers have a game plan. Part of that plan is to prepare for Q and A. You have questions, they have answers. Answers designed to placate you. As the old saying goes, If you can blind them with brilliance, baffle them with B. S.
The worse response you can get is, “I will get back to you”. How will this work if the person doesn’t know how to reach you. Instead, pin the person down to a time and date. Then you reach out to them. Make this as pubic as possible.
Example:
Them: I’ll look into that and get back to you.
You: Would 24 hours be enough time for you to research this?
Them: Maybe
You: Fine I’ll call you in (Set Time) tomorrow, great.
Note: They may still try to pull something but you have gotten the person to make a commitment in front of others.
Three Years of Preparation
In New York, developers had 3 years to perfect their plans. That’s 3 years of practice in dispossessing tenants. 3 years in privatizing public housing complexes. Sadly, some of our elected officials seem to have joined forces with the developers. All seems lost unless…
Unless other politicians are willing to fight for the people that elected them. If that is the case there is still hope.
You, Will, Do the Right Thing
Developers can be made to do the right thing. To do this you have to hit them where they breathe. That place is the bottom line. To affect the bottom line add punitive conditions to the agreement. Here Mayor DeBlasio has one last chance to do the right thing.
The federal government removed oversight and accountability. So, it is up to the state and city government to put it back.
Oversight And Accountability Now
Condition #1
A watchdog group–not a person–is created to supervise the implementation of the program. This is different than the roundtable panel created in 2018. See The Destruction of Public Housing By RAD Can It Be Stopped?
There will be a minimum of five members in the group. This group will comprise members of the development affected by RAD. The mayor gets to appoint one. The mandate of the group is simple. Protect tenant rights.
Condition #2
If the developer violates tenant’s rights the developer pays large fines. The first offense is 10,000.00 dollars (fines can be higher). Every offense thereafter is 2 times the amount of the previous offense. If the developer refuses to pay the fines or is late in paying the fines invoke legal action to collect the fines.
Example, first offense = 10,000.00
Second offense = 10,000.00 x 2 = 20,000.00
Third offense = 20,000.00 x 2 = 40,000.00
Condition #3
The developer has three offenses. The following will happen.
- Suspend and review the agreement.
- The developer receives a stop-work order.
- No rent payments while the agreement is under review.
- Further violations continue the penalty calculation stated in Condition #2
- Failure to pay all fines will void the agreement.
- Legal proceedings to collect on the past fines continue.
- Other penalties may be applied as needed.
The Consequence of Agreement That Is Voided
An agreement that is voided returns the complex to New York City. There is no compensation for the developer. The city keeps all improvements, the developers keep the loss. The developer pays all court fees. This is a major loss for the developer and his investors.
Effect On The Bottom Line
Developers understand money and the bottom line. They also understand this golden rule, “He who has the gold makes the rules.” New York City has the gold. It’s called public housing developments. Developers looking to get a piece of the gold will do the right thing or lose. It’s that simple.
Now it’s up to our elected officials to make it a reality. Stopping RAD program violations is possible. The message to developers, don’t violate tenant’s rights.
Pick A Side
It is time for mayor, councilmembers, etc. to decide whose side they are on. Do they represent the tenants or the developers? No middle ground exists. Those that stand by tenants, will be remembered. Those do not stand by tenants, WILL BE REMEMBERED.
Final Word
My search for follow-up articles in other states concerning RAD has returned a few results. I had hoped to learn more about how other states are doing. But, I have only been able to find articles from Minneapolis. I will continue to keep an eye out for more information but in the meantime, In The Public Eye will move on to other matters.
Disclaimer
Disclaimer: I am not a lawyer and nothing stated here is legal advice. This article applies to the five boroughs of New York. All information deemed accurate but not guaranteed. Always check the real estate laws in your part of the country.
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