An Update From Coalition For Carroll Gardens On Proposed Homeless Shelter On West Ninth Street

Here is an update from Coalition For Carroll Gardens (CGC), a group of community residents and business owners who have raised serious questions regarding a planned homeless shelter for 170 men at 165 West 9th Street.   After meetings with Housing Solutions USA/Aguila Inc., the non-profit organization that proposed the shelter, and Department of Homeless Services (DHS) failed to resolve some of the issue, the Coalition collected a total of $20,000 to retain attorney Steven Kirkpatrick as legal council.

On the Coalition's behalf, Kirkpatrick filed Article 78 proceeding against the City.On November 20, Kings County Supreme Justice David Schmidt issued a Temporary Restraining Order (TRO)prohibiting the City and its contractors from “using the Building in violation of applicable laws and requirements.”
On December 7th, Judge Carl Landisino continued the TRO and gave the group until January 25, 2012 to put in additional papers and for the respondents to reply.
In order to continue legal action, CCG is asking for donations from the community to cover costs.

The Coalition's update below addresses what has been accomplished so far and what the next steps are:

WHY SHOULD YOU DONATE? 

The proposal to house 170 men is wildly out of proportion with the original intended use of the building, creating an illegal & unsafe situation for clients & neighbors alike.

Housing Solutions USA & its board members have numerous connections to shelter operators with a history of running substandard, dangerous, & crime-ridden facilities (eg the Aladdin Shelter on West 45th St operated by Housing Solutions USA).

A no bid contract City contract awards tax payer money of $520K a month. “Tunnel Condos”, the listed landlord, has ties to Stuart Podolsky,
a convicted felon, who is also listed as the building’s contact on the DOB filings up to 2010.

165 West 9th st, built by an architect now barred from filing plans in NYC, has been empty since its construction over ten years ago due to code violations & no legal Certificate of Occupancy.

WHO IS THE COALITION FOR CARROLL GARDENS (CCG)?
• CCG is a growing coalition of over 120 families, 700 residents & representatives from their buildings & coop boards and 100 businesses.

WHAT IS CCG DOING TO BLOCK THE PROPOSED HOMELESS SHELTER?

• CCG has retained an attorney, Steven Kirkpatrick, from Belkin, Burden Wenig & Goldman, LLP to represent us in a lawsuit against NYC.

WHERE DOES THE LAWSUIT CURRENTLY STAND?

• On December 7th, the Honorable Carl Landicino granted a continuation of the Temporary Restraining Order (TRO) that requires the respondents to comply with all applicable
laws regarding the opening & operation of the proposed shelter until the next hearing date scheduled for January 25, 2013. The City is currently attempting to have the case dismissed so that they can move forward on the proposed 170 bed men’s shelter.

WHAT DOES THIS MEAN?

• We have limited time to scrutinize & refute the claims of the City. CCG cannot continue to fund the attorney & our case without help from YOU!

DONATE NOW TO STOP CORRUPT NO BID CONTRACTS THAT SIDELINE LOCAL COMMUNITY INPUT!

• All money is directed through the Carroll Gardens Neighborhood Association & goes directly towards legal costs.

To donate online, go to  www.ccgbrooklyn.com/donate or send checks payable to:
CGNA (Carroll Gardens Neighborhood Association)Mail to: RY Management, 505 Court St., Brooklyn, NY 11231

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Coalition For Carroll Gardens Asks For Support "To Stop Corrupt No Bid Contracts" For 170-Bed Homeless Shelter On West 9th Street

The Coalition for Carroll Gardens (CCG), represents the residents, business owners, and neighbors of Carroll Gardens has continued to expressing serious concerns about the lack of public process surrounding the placement of a proposed 170-bed shelter at 165 West 9th Street. Specifically, they have raised questions regarding the suitability of the building, illegal construction, lack of provision of social services, or security. Last, but not least, the Coalition is troubled by the fact that the landlord of the building, Alan Lapes, is tightly connected to Housing Solutions USA/Aguila Inc., the non-profit organization that has put forth the plan for the shelter. Incidentally, Housing Solutions USA/Aguila is headed by Robert Hess, the Bloomberg administration’s former head of the Department of Homeless Services (DHS).

CCG formed shortly after learning of the proposed shelter and has worked tirelessly over the last two months to reach out to elected officials, local businesses and neighbors to demand transparency and an open public pocess. They have also raised funds to hire attorney Steven Kirkpatrick as legal council, On the Coalition's behalf, Kirkpatrick filed Article 78 proceeding against the City.

On November 20, Kings County Supreme Justice David Schmidt issued a Temporary Restraining Order (TRO) prohibiting the City and its contractors from “using the Building in violation of applicable laws and requirements.”

On December 7th, Judge Carl Landisino continued the TRO and gave the group until January 25, 2012 to put in additional papers and for the respondents to reply.

In order to continue legal action, CCG is asking for donations from the community to cover costs.

Below is a press release just issued by the group.

SUPPORT THE COALTION FOR CARROLL GARDENS DONATE NOW!

WHY SHOULD YOU DONATE?
• The proposal to house 170 men is wildly out of proportion with the original intended use of the building, creating an illegal and unsafe situation for clients and neighbors alike.
• The landlord with a criminal record received a no-bid city contract for the shelter, generating over $520K a month. (Corruption Link)• Housing Solutions USA’s board members have numerous connections to shelter operators and landlords with a history of running substandard, dangerous, and crime-ridden facilities (eg the Alladin Homeless Shelter on West 45th St). (Corruption Link)• 165 West 9th st, built by an architect now barred from practicing in NY State, has been empty since its construction over ten years ago due to code violations and no legal Certificate of Occupancy. (Corruption Link)

WHO IS THE COALITION FOR CARROLL GARDENS (CCG)?
• CCG is a growing coalition of over 120 families, 700 residents and representatives from their buildings and coop boards and 100 businesses . 

WHAT IS CCG DOING TO BLOCK THE PROPOSED HOMELESS SHELTER?
• CCG has retained an attorney, Steven Kirkpatrick, from Belkin, Burden Wenig & Goldman, LLP to represent us in a lawsuit against the City of New York. 

WHERE DOES THE LAWSUIT CURRENTLY STAND?
• On December 7th, the Honorable Carl Landisino granted a continuation of the Temporary Restraining Order (TRO) that requires the respondants to comply with all applicable laws regarding the opening and operation of the proposed shelter until the next hearing date scheduled for January 25, 2013. The City is currently attempting to have the case dismissed so that they can move forward on the proposed 170 bed men’s shelter. 

WHAT DOES THIS MEAN?
• The six-week adjournment without occupancy gives us an ample opportunity to scrutinize and refute the claims of the City. HOWEVER, CCG cannot continue to fund the attorney and our case without help from YOU! 

DONATE NOW TO STOP CORRUPT NO BID CONTRACTS THAT SIDELINE LOCAL COMMUNITY INPUT!
• All money is directed through the Carroll Gardens Neighborhood Association and goes directly towards legal costs.
We’ve raised approximated $20,000 from households and businesses throughout the neighborhood. We need $30,000 more to be sure we can continue this case! 

DONATE BY PAYPAL:
http://www.ccgbrooklyn.com/donate/
DONATE BY MAIL:
Please send checks payable to:
CGNA (Carroll Gardens Neighborhood Association)
Mail to:
RY Management
505 Court Street
Brooklyn, NY 11231

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Carroll Gardeners Came Out In Force To Express Concerns About Proposed Homeless Shelter On West 9th Street

Community Board 6's Chairman Daniel Kumer

Paige Bellenbaum of Community Board 6's Youth and Human Services Committee

Robert Hess of Housing Solutions/Aguila, Inc.

Alex Zablocki, spokesman for NYC's Dept. of Homeless Services

Councilman Brad Lander, Assemblywoman Joan Millman, State Senator Daniel Squadron

State Senator Daniel Squadron

Councilman Brad Lander

Last night, the Carroll Gardens community came out in full force to an informational  meeting hosted by Community Board 6's Youth and Human Services Committee regarding the proposed homeless shelter at 165 West 9th Street.  The auditorium at PS 58, where the meeting was held, was filled to capacity.  Obviously, the proposal had generated not only much interest but also stirred some emotions.

Representatives of  Housing Solutions USA/Aguila Inc., the non-profit organization that proposed the shelter, and of  NYC's Dept. of Homeless Services (DHS) were also in attendance.  So were our elected officials.

CB6 Chairman Daniel Kumer opened the meeting by stating that since the shelter is being authorized under the “Emergency Contract” rule,  CB6 does not have a formal role beyond having received a notification about the proposal.  However, in a statement read by CB6 member Paige Bellenbaum, "that does not mean that we cannot express our views to the City's administration if we choose to."

Kumer explained that the Board had asked Housing Solutions/Aguila, Inc.  for a copy of the plan, but was referred to the City's Department of Homeless Services. The agency had not provided a plan as of last evening.

Robert Hess of Housing Solutions/Aguila, Inc. gave a brief presentation.  "We have operated non-profits for many, many years.  I have served as the head of Homeless Services for the city of Philadelphia for 5 years and have been the commissioner for Homeless Services for the Bloomberg Administration's second term," he stated.  "This is a subject that is near and dear to my heart."
The non-profit organization operates several shelters in the Bronx, he explained.  This particular homeless shelter will be its first in Brooklyn.  In regards to this particular location,  Hess stated:" We constantly monitor demand for shelters. Very tragically in this city, we are seeing a huge uptick in the level of demand in homeless services."  He continued: " The good news is, I think, that we live in the only city in our country that has a 'legal right to shelter'.  That means that each and every individual that has a need for shelter will be provided."
The property at West 9th Street had been shown to the non-profit by its owner Alan Lapes.  "From our perspective it was a very good facility to house single adults.  We made the City aware of the facility.  They came and took a look and agreed. We made a proposal to the City to house 170 single men in that facility.  We expect a significant security force, case managers, record and supervisors and specialists on sight."  He added: " So that's our objective. It really isn't more complicated that that."

Representatives of NYC's Department of Homeless Services (DHS) then gave a brief presentation.
The agency's spokesperson, Alex Zablocki explained that the homeless men will be referred to this particular shelter from the agency's central intake point at 32 First Avenue in Manhattan.  The Carroll Gardens shelter will house employable men, who will stay at the facility from 6 months to a year on average.

Zablocki further explained the “emergency contract” rule.  "Our agency must offer a bed to every individual that comes to our intake center for services. In May 2012, our census number for single adults showed that there are 8,965 people in the system, 5% above the level in 2011 and 17% above the level in 2010."
In June of 2012, DHS's Commissioner made a request to the City's Comptroller John Liu in order to be able to expedite proposals to bring the number of available shelter beds up in order to fill the need."
We want you to understand that we work under the State mandate , that we have to provide this service, and that we look to communities across the city to put shelters online.
Asked whether some of the homeless men sheltered at the facility may be criminals or sex offenders, DHS representatives explained that the agency is not allowed to inquire about criminal history.  "The 'Right To Shelter' policy does not disqualify those with a criminal record" he stated. "They are coming to us because they don't have any other options."

Assemblywoman Joan Millman, State Senator Daniel Squadron and Councilman Brad Lander stood united in declaring that the way DHS has handled the proposal by Housing Solutions USA and Aguila, Inc. "has not been collaborative, thoughtful, or well conceived."  Despite repeated requests in writing, the agency has failed to " substantially address the issues we raised."

Some of the issues are:
-how is it possible to squeeze 170 people into a 10-unit building?
-no building  plans have been provided
-no security proposal has been provided
-no service plan has been provided
-DHS has failed to address serious potential conflicts of interests

Senator Squadron felt that: " As a Carroll Gardens resident, I just want to say that we understand fair share and we do understand that,  because of a woefully failed homeless policy by the City administration, we have a higher rate of homelessness than we ever had and that every neighborhood has to play a fair and reasonable part.  The problem is that this proposal is ill-conceived and ill thought-out.  I don't know if you have ever walked on that block, but the idea of 170 people, whether it be seniors in need or college or single homeless men or any one living there doesn't make sense."

Carroll Gardens residents were very vocal about their concerns throughout the meeting.  They demanded to know if it was safe to put so many people in the proposed building,  why construction crews were currently working on the building without permits,  why bunk beds and mattresses had already been moved in, and most importantly, why this had been done through side -door process.
Members of the audience also mentioned more than once that the relationship between the owners of the building and Housing Solutions USA/ Aguila Inc. certainly gave the appearance impropriety.
(See the handout by Coalition For Carroll Gardens Brooklyn below)


Alex Zablocki  explained that the New York State Office Of Temporary Disability Assistance (OTDA), not DHS, will make the final decision to issue an operating certificate for the West 9th Street facility.  As for determining whether the building is safe for 170 people,  that is the responsibility of the Building's Department.

After most of the residents had left, the members of CB6's Youth and Human Services Committee
unanimously passed a motion which read:  "Community Board 6 opposes the use of 165 West 9th Street for a 170-bed homeless shelter for 170 men and calls for the New York City's Department of Homeless Services to reject the proposal on the basis of lack of process and merit."
The motion will be voted on by the full Board at the next general meeting.

Where you there last night?  What did you think?

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Many Questions Surround West 9th Street Building Slated To Become Homeless Shelter

As the community is getting ready to attend Wednesday's informational meeting regarding the proposed 170-bed homeless shelter at 165 West 9th Street in Carroll Gardens, more disturbing details about the ownership of the building slated to house the shelter are coming to light.

Capital New York reporter Andrew Rice has done an outstanding job investigating the many players behind Tunnel Condos LLC., the private corporation in whose name the building is held. Some of the 'owners' seem to have rather cushiony ties to Housing Solutions USA/Aguila Inc., the Bronx-based non-profit organization that is proposing the shelter.
Read his article here.

In addition, there seem to be a fair number of open questions regarding the building's Certificate of Occupancy (C of O) issued by NYC Department Of Buildings.
The 10-unit building was originally designed and self-certified by architect Robert Scarano, who subsequently was stripped of his self-certification privileges for violating zoning and building codes on projects in Brooklyn. Though the West 9th Street building was completed in 2002, a C. of O. was not issued until 2010.

Some of these issues concern the lot-line windows of the property. Unless the owners of 165 East 9th Street purchased the air rights of the neighboring buildings, these lot line windows are not legal sources of light and ventilation for habitable rooms.

According to NYC's Building Code, habitable rooms must have window area at least equal to 10% of their floor area. If any room in this building relies on lot line windows to meet the light and ventilation requirements, that room would not be legally habitable.

The original zoning for the site was R6 in a C2-C3 local service district. Even with the bonus Floor Area Ratio (FAR) for community facilities (doctors offices) on the basement cellar and mezzanine levels of the building, the maximum FAR for the building should have been 4.80. The existing FAR on record is 5.61. How then did a building that is so out of compliance get a Cof O?

The homeless shelter is being authorized by NYC Department of Homeless Services under an “emergency contract” rule. It seems evident that under the contract some basic building requirements, such as maximum occupancy, may be lifted.

However, one really has to wonder how NYC DoB could have legalized a building that obviously violated quite a few rules.

More disturbing is how this city has privatized social services and how homelessness has become so lucrative that it seems to have attracted some very shady players and may have compromised the Buildings Department.

I encourage everyone to attend the Community Meeting tomorrow, Wednesday October 24th, 6:30 PM at PS 58.  Hopefully, we will get some answers to these questions.

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Markowitz, Squadron, Millman And Lander Express Concerns About Proposed Carroll Gardens Shelter

Our elected representatives seem to share the same concerns about the proposed Homeless shelter at 165 West 9th Street here in Carroll Gardens.

In a letter to NYC Department Of Homeless Services Commissioner Diamond, Councilmember Brad Lander, Borough President Marty Markowitz, State Senator Daniel Squadron, and Assemblywoman Joan Millman cite the lack of public process,  the tight space for 170 men in the 10-unit building as well as the absence of a plan to provide social services for them.

They also question the fact that the owner of the building Charles Wertman, is also a board member of Housing Solutions USA, the non-profit proposing the shelter.

Please find the entire letter below.

October 16, 2012

Mr. Seth Diamond 

CommissionerNYC Department of Homeless Services
33 Beaver Street, 17th Floor
New York, NY 10004

Dear Commissioner Diamond:
We are writing in response to the community notification received by Brooklyn Community Board 6 on Friday October 5, 2012, in which Housing Solutions USA – in partnership with the NYC Department of Homeless Services (DHS) – announced their intention to open a 170-bed homeless shelter at 165 West 9th Street, between Court Street and Hamilton Avenue, in Carroll Gardens. We have numerous concerns about the proposal.

With homelessness at all-time high, every neighborhood – including Carroll Gardens – has a role to play in making sure that all New Yorkers have a safe place to sleep at night. Safe and decent housing is essential for all of us, and we recognize that we all have to do our fair share. We recognize that it is our collective responsibility – as both a city and a community – to support the mission of the NYC Department of Homeless Services and to provide shelter for homeless New Yorkers. If DHS will work with us and our community in a collaborative fashion to develop an appropriate proposal, we are committed to supporting a shelter in Carroll Gardens.

However, that must not mean using the City’s emergency contracting provisions to rush an ill-conceived project through, with only a half-page, 30-day notice to the community, squeezing 170 people into a 10-unit building, with no plans provided for social services or security, and disregard for City rules and processes, including an apparent conflict of interest. In particular:

*We do not understand how it is possible – or advisable – to squeeze 170 people into a 10-unit building on a block of three-family homes. We have asked this question several times, and received no answer.

*The building currently has a Certificate of Occupancy as a 10-unit, Class A apartment building. No plans to amend this have been posted on the NYC Department of Buildings website. Are you aware of plans to change the C of O? No plans have been provided to us, despite several requests.

*It appears to us that construction work has been taking place in the building without a permit. No permits have been filed with DOB, or posted on their site. This appears to be a violation of law, and reflects disregard for safety and the community. If permits are in fact required, but have not been filed, work should of course be stopped immediately.

*We have seen no plans for the provision of social services or security, which are of course an essential element of any homeless shelter. It is outrageous that the 30-day notice requirement could be satisfied by a half-page letter that includes no details – not the population intended for the building, not the plans, no provision for social services, no discussion of security. This does not reflect respect for the community or its elected officials, or a genuine desire for dialogue that would enable the proposed shelter to succeed in meeting the needs of its residents or its neighbors.

*The building appears to be owned by Charles Wertman, a board member of Housing Solutions USA. Given that the City of New York will pay substantial sums for the rent of the building, this suggests a large potential conflict-of-interest. Do DHS and HSUSA have conflicts-of-interest policies that are in accordance with relevant laws? Are these rules affected in some way by the emergency contract process?

Since you are providing the community with only a 30-day notice that is completely lacking in detail, we ask that you provide written responses to our concerns by the close of business on Friday, October 19.
We are aware that Housing Solutions USA has agreed to make a presentation at the Brooklyn Community Board 6 Human Services Committee meeting on Thursday October 24. DHS must also send a representative to attend this meeting.

Sincerely, 

Marty Markowitz, Brooklyn Borough President

Daniel Squadron,  NYState Senator

Joan Millman, NY State Assemblywoman

Brad Lander, NY City Councilmember

****A quick correction to the date for the presentation mentioned in the letter.  The meeting is actually next week on Wednesday, October 24.

What do you think of the letter?

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Informational Meeting On Proposed Carroll Gardens Homeless Shelter Set For October 24th

Photo above taken this morning.  Are mattresses already being moved into the proposed shelter?

News that Housing Solutions USA/Aguila Inc., a Bronx-based non-profit organization, intends to submit a proposal to the NYC Department of Homeless Services to house 170 single adults at 165 West 9th Street near Court Street, spread around the neighborhood ever since it has been announced late last week.

On Thursday last week, Community Board 6's office had received a letter from the organization announcing its plan. "The news took us by surprise," Community Board 6 Chairman Daniel Kumer declared last night at the board's monthly meeting.  "At this moment, we don't have any more information."    He added:  "The plan does not require input from CB6, nor from our elected officials. There is no public review. However, we will continue to broadcast about this matter on CB6's website."
In addition, a public informational meeting has been scheduled by CB6 for October 24th at 6:30 PM. The meeting place will be announced as soon as confirmed. Represenatives from both Housing Solutions USA/Aguila Inc. and the Department of Homeless Services have been invited.
"Hopefully, we can replace fear with facts," Daniel Kumer stated.

Meanwhile, Councilmember Brad Lander has issued his own statement on the proposed shelter.
He states:

Safe and decent housing is essential for all of us, and I am glad that New York recognizes a “right to shelter.” I have worked throughout my career to create and preserve affordable housing and to combat homelessness. As a City Councilmember, I hear every week from constituents who are on the brink of losing their apartments and becoming homeless.
The Bloomberg Administration’s homeless policy – eliminating long-standing pathways to affordable housing – has been an abysmal failure. As a result, homelessness is at an-time high, with over 46,000 New Yorkers, tragically including over 19,000 children, sleeping in shelters each night. As I have done dozens of times in recent years, I implore Mayor Bloomberg to restore pathways to permanent housing in NYCHA, Section 8, and other subsidized housing for homeless families. We know the way to reduce homelessness, and it is a scandal that he keeps choosing not to do it.

With homelessness rising due to their policy failure, the Bloomberg Administration has resorted to opening more and more shelters. While no one is excited about a shelter in their community, we all have to do our part. Every neighborhood in New York City, including Carroll Gardens, has a role to play in ensuring that all New Yorkers have somewhere safe to sleep at night.
But homeless shelters need to be sited in locations that make sense. I am very concerned about the proposal from the NYC Department of Homeless Services and Housing Solutions USA for a 170-bed single homeless men’s shelter at 165 West 9th Street, a building that was constructed to be a 10-unit condo building, on a block otherwise made up of three story homes. I do not understand how the proposed shelter could fit responsibly into the building, or how the dramatically increased population would fit into the block and surrounding area.

A local resident probably reflected the community's sentiment best when stating:  "We demand community input before they move 170 people into a sub standard structure built as 10 units... And I implore our Electeds to act as leaders and work with us to find solutions immediately."

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