Cover Stories: Welfare Tenants Face Forced Rent Payments by Timothy J. Casey; Taino Dream Housing For Poor Set To Open by Susan Baldwin.
Other stories include Bernard Cohen on the politics that made Charlotte Street take precedence over every other neighborhood despite the concerns of Bronx residents; Coverage of the threats to CETA housing jobs; Bernard Cohen on $1 million of money for building weatherization going untouched due to questions of fiscal accountability in the city agency that was to spend the money; Susan Baldwin on tenant pressure to get City Councilmembers to fix the loopholes that allow landlords to recover their foreclosed buildings; Community Development funding for tax-foreclosed properties in danger; Cathy Herman on anti-redlining activists testing New York banks on their compliance with the Community Reinvestment Act; John Douw on a court ruling finding low income people to be a threat to the environment; Jay Flavin on Reverend Daniel Potter, executive director of the New York City Council of Churches and owner of several deteriorating tenements in Albany.
Cover Stories: Welfare Tenants Face Forced Rent Payments by Timothy J. Casey; Taino Dream Housing For Poor Set To Open by Susan Baldwin.
Other stories include Bernard Cohen on the politics that made Charlotte Street take precedence over every other neighborhood despite the concerns of Bronx residents; Coverage of the threats to CETA housing jobs; Bernard Cohen on $1 million of money for building weatherization going untouched due to questions of fiscal accountability in the city agency that was to spend the money; Susan Baldwin on tenant pressure to get City Councilmembers to fix the loopholes that allow landlords to recover their foreclosed buildings; Community Development funding for tax-foreclosed properties in danger; Cathy Herman on anti-redlining activists testing New York banks on their compliance with the Community Reinvestment Act; John Douw on a court ruling finding low income people to be a threat to the environment; Jay Flavin on Reverend Daniel Potter, executive director of the New York City Council of Churches and owner of several deteriorating tenements in Albany.
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Cover Stories: Welfare Tenants Face Forced Rent Payments by Timothy J. Casey; Taino Dream Housing For Poor Set To Open by Susan Baldwin.
Other stories include Bernard Cohen on the politics that made Charlotte Street take precedence over every other neighborhood despite the concerns of Bronx residents; Coverage of the threats to CETA housing jobs; Bernard Cohen on $1 million of money for building weatherization going untouched due to questions of fiscal accountability in the city agency that was to spend the money; Susan Baldwin on tenant pressure to get City Councilmembers to fix the loopholes that allow landlords to recover their foreclosed buildings; Community Development funding for tax-foreclosed properties in danger; Cathy Herman on anti-redlining activists testing New York banks on their compliance with the Community Reinvestment Act; John Douw on a court ruling finding low income people to be a threat to the environment; Jay Flavin on Reverend Daniel Potter, executive director of the New York City Council of Churches and owner of several deteriorating tenements in Albany.
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Attribution Non-Commercial (BY-NC)
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FEBRUARY 1979 VOL. 4 NO.2 WELFARE TENANTS FACE FORCED RENT PAYMENTS TAINO:"DREAM" HOUSING FOR POOR SET TO OPEN by Susan Baldwin "It's like a dream, and I'm going to be in there. I just know it," says Dorca Santiago, who, along with her husband Pedro, is the last tenant in a tinned-up, squalid building around the corner on Second Avenue (rom Taino Towers, the majestic 35-story glass and concrete Federal project in East Harlem that she expects to call home in a few weeks . Born out of rent strikes and City Hall promises in the early 1960's for better housing and health care for the poor, Taino Towers has become a reality to 656 low income fam- ilies who will be vacating their substandard, often overcrowd- ed, housing to move into this four-tower complex. Federal subsidies will keep the rents they pay at no more than one- quarter of their income. The complex, which occu- pies the square block bounded by Second and Third Avenues between 122nd and 123rd Streets, has non-residential space for a supermarket, a bank, and several other shops. Future plans call for the com- pletion of a swimming pool, greenhouse, ampitheatre, vo- cational space and classrooms that will be open to community use. The first families will move into Tower I which, except for some super- ficial clean-up, is ready for occupancy. The other three towers will be opened at three-month intervals until the project is fully occupied, possibly within a year's time. Each of the four towers is named for prominent leaders of the Taino Indians, descendants of the Arawaks who first populated Puerto Rico. continued on page J 5 by Timothy J. Casey Each month, some middle and upper income tenants withhold rent to pay for repairs or services that landlords have failed to provide. Newspaper and television editorials do not attack them for destroying the city. Politicians do not petition the federal government to step in and make it impossible for them to do so. Mayor Koch does not accuse them of theft. Yet over the past year there has been a concerted campaign involving landlords, the mayor and some Bronx politicians on behalf of a policy, and a particular project implementing this policy, to deprive many poor tenants of 'the' a b i l i ~ y to withhold rent and to use it for needed repairs and services. The city has asked the federal government to waive two laws in favor of "demonstration" to put thousands of welfare tenants in the West Bronx on a system that provides for automatic payment of their rent to the landlord. In support of this policy, land- lords and politicians, supported by editorial writers from the New York Times and local television stations, have blamed slum housing conditions and deteriorating neigh- borhoods on the failure of tenants to pay rent. The mayor has charac- terized non-payment of rent as theft and suggested that the assertion of tenants' legal rights is inconsistent with neighborhood preservation. continued on page 2 The silence of public officials and commentators when middle and upper income tenants withhold their rents, and their vocal support of a policy which would deprive some poor tenants of the right to do so is not difficult to explain. The tenants who would be affected by this policy and who have been berated and attacked are welfare recipients who receive public assistance from the Home Relief (HR) and Aid to Families with Dependent Children (AFDC) programs. Although the number of AFDC and HR recipients in New York City is substantial-about 250,000 AFDC families, including 555,000 children, and about 105,000 HR families and single persons-as welfare recipients they are not a popular or a politically powerful group. They are poor, mostly children, and disproportionately female and minority group members. Because of their political weakness and their depen- dence on the government for their income, welfare recipients have been a traditional target of landlord attacks. For decades landlords have claimed that indecent housing conditions are the result of welfare recipients' failure to pay rent and have sought to have the city's welfare agency either pay welfare recipients' rents directly to them (vendor checks) or to issue welfare recipients benefits checks that can be used only to pay rent. (two-party checks) This landlord claim has reaped some success. More than 50,000 welfare families and individuals currently receive restricted checks, 40,000 under AFDC and 10,500 under HR, according to the city's figures. The claim is also false and the policies advocated harmful. Thousands of welfare recipients who do pay their rent live in intolerable housing. When the city has stepped in and guaranteed rent payment by welfare recipients it has removed the only real incentive land- lords have to provide services-the knowledge that rent can be withheld if they do not-and has deprived wel- fare recipients of their most effective tenant remedies when services are not provided-using the rent money either singly or collectively to pay for repairs and services, such as heat and hot water, which landlords have not provided. These policies have therefore provided a direct incentive to the milking of buildings, have resulted in a deterioration of housing conditions, and have injur- ed many tenants and tenant groups. As a result of these policies the city has assured rent payments to landlords for some of the worst slum housing in the City. Despite the extensive evidence of the failure of these policies, the city has long been responsive to landlord pressures. In recent years, perhaps because of the growth in its own economic interest as a landlord for thousands of buildings, the city has completely surrendered. It is Timothy J. Casey is a staff attorney at the Center on Social Welfare Policy and Law, counsel for the Down- town Welfare Advocate Center in its opposition to the Demonstration project. 2 now clear that the goal of current city officials is the creation of a separate system of landlord-tenant law for welfare recipients to be administered by the city's wel- fare agency. Its central principle would be that welfare recipients must pay their rent whether or not their land- lords meet their obligations. The city has already taken major steps toward the implementation of this system. In 1977 the New York State legislature eliminated from the Home Relief pro- gram the last remnants of the principle of recipient control over welfare benefits. The city's welfare agency therefore now issues HR recipients a two-party check for rent-a check made out to both the recipient and the landlord and which only the landlord can cash-when- ever a landlord, including the city in the case of its own buildings, requests such a check. If two-party checks are not turned over to the landlord by the recipient, the city then makes direct "vendor" rent payments to the land- lord. There is no requirement that landlords provide decent housing in order to receive these rent guarantees. Federal law, which is not applicable to the HR pro- gram because no federal funds are involved, creates two obstacles to the full extension of this policy to AFDC recipients. First, because Congress believed that poor people should have the same right to control their incomes as other Americans, recipient control of how AFDC benefits are spent may only be restricted when there has been a finding by the public assistance agency that the adult AFDC recipient has not managed the family's benefits consistently with the welfare of the children in the family. Second, to prevent improper findings of "mismanagement" of benefits by agencies overly responsive to landlord demands, there is a ceiling, currently 20070, on the number of AFDC recipients whose control over benefits may be restricted. New York City is very close to that ceiling now. Over the last two years, New York City landlords and politicians have mounted an intensive effort to eliminate and evade these two federal AFDC requirements. In 1977 Congress rejected a provision vigorously supported by New York landlords which would have permitted public assistance agencies and landlords to coerce AFDC recipients into "requesting" two-party checks for rent. At the same time, however, Congress did approve provisions sought by the City doubling the ceiling on the number of AFDC cases in which restricted checks can be used from the then 10% to the present 20%, as well as forgiving the city and the state for their massive past violations of the AFDC recipient control of benefits requirements. In direct response to this legislation, the city's welfare agency restored its policy defining failure to pay rent as "mismanagement" of benefits. As a result of this defi- nition, the city now issues AFDC recipients two-party checks for rent whenever their landlords, including the city, claim that rent has not been paid, and without even asking recipients if the rent has been paid and, if not, why not. As with HR recipients, if these checks are not turned over to the landlord, direct rent payments to the landlord are then made. The city would like to go further. It has now seized upon the idea of "demonstration projects" as a means of evading federal requirements. Since the representatives of West Bronx landlords have been the most politically active, the city is asking the Department of Health, Education and Welfare to approve a demonstration project to be run in Community Planning Districts 5 and 7 in the West Bronx in which compliance with the "mismanagement" determination and the 200/0 ceiling would be waived. AFDC recipients in those areas whose landlords enrolled in the project would be issued two-party checks for rent -even if they were completely current in their rent-if their landlord said they had paid rent late for whatever reason in any of the preceding six months, if the city said they did not return a form which would be sent to them explaining the project, or if, responding to the inevitable pressures from the city and their landlords, they "voluntarily" agreed to participate. In return, their landlords would "promise" the city to remove housing code violations. Rent guarantees would be provided even for housing with major code violations and continued unless the city decided the landlord had "absolutely failed" to keep his or her promises. HEW Secretary Joseph Califano has authority to waive compliance with federal AFDC requirements in connection with demonstration projects designed to obtain important information otherwise unavailable. The ostensible purpose of the West Bronx demonstra- tion is to study the effect of guaranteed rent payment on housing conditions. With more than 50,000 welfare families and individuals already living on restricted checks, there is certainly sufficient information avail- able from which to conduct a study. The Department of Housing Preservation and Development is launching a study of rent payment by welfare tenants in Boards 5 and 7. City Council Presi- dent Carol Bellamy's office has asked the Human Resources Administration for a list of all buildings with welfare tenants currently on two-party checks. The city's plans for the demonstration project were discovered last summer by the Downtown Welfare Advocate Center (DWAC). Organizing in opposition to the project, DW AC contacted welfare rights groups, tenant groups, elected officials, and social welfare agen- cies throughout the City. DWAC has been joined in its opposition to the project by Congressman Rangel, Council President Bellamy, Council Members Messin- ger, Friedlander, Gerena-Vaientin, Pinkett and Samuels, the Welfare Action Coalition, the Metropolitan Council on Housing, the Northwest Bronx Community and Clergy Coalition (Housing Committee), United Neigh- borhood Houses of New York, the Community Service Society, the National Association of Social Workers 3 (N.Y.C. Chapter), Casa Nuestra, the Task Force on the New York City Crisis, the New York State Tenant and Neighborhood Coalition, and the Puerto Rican Legal Defense and Education Fund. Those who believe that tenant rights are important and that welfare recipients should have the same rights as other tenants are urged to communicate their opposi- tion to Califano. Address letters or telegrams to Secre- tary Joseph Califano, HEW, Wahsington, D.C. 20201. Whatever action is taken by Secretary Califano con- cerning this project, the city will undoubtedly continue its efforts to extend the use of two-party rent checks and direct rent payments to landlords. The Mayor has already announced plans for developing a demonstra- tion project for AFDC recipients in city-owned housing. It is also possible that the city will go to Congress again. o On February 5, the New York State Department of Social Services (NYSDSS) issued proposed regulations concerning restricted rent checks for welfare recipients which would be much better for tenants than the current NYSDSS regulations. NYSDSS will consider the com- ments people send in on the proposed regulations in deciding whether it should adopt them as law. It is there- fore important that NYSDSS hear from tenants and tenant groups. The Center on Social Welfare Policy and Law, 95 Madison Avenue, N.Y.C., N.Y. 10016, Tel. (212) 679- 3709, is preparing a memorandum analyzing the pro- posed regulations and explaining how comments should be submitted. Persons who wish to receive copies of this memorandum should call or write Timothy Casey at the Center. Questions al.>out the general subject of restricted rent checks may also be addressed to the Center. NO HEAT, HOT WATER Some 33,000 tenants of city-owned buildings are now entitled to use the citywide 24-hour Central Compaint telephone number to report lack of heat and hot water as well as any other emergency complaints. The 24-hour, seven day a week telephone number, formerly restricted to tenants in privately-owned build- ings, is 960-4800. In addition to extending the complaint services to the city-owned dwellings, HPD has also formed 24 special boiler-burner repair teams trained and organized under HPD's Office of Property Management under Deputy Commissioner Charles Raymond. These teams will be dispatched citywide as heating emergencies occur. Other handymen will continue to be available at each local In Rem site office to perform non-emergency repairs. Prior to the changes in the Central Complaint Bureau, residents of city-owned buildings were limited to com- plaint telephones which operated only during normal weekday business hours. 0 CHARLOTTE STREET HOUSING PROJECT LACKED SOLID PLANNING FOUNDATION by Bernard Cohen "We are proceeding to build on Charlotte Street, the area where the President stood, because of the fact that we have adequate community facilities; we have across the street a park; we have subway stops; we have an elementary school and junior high school and we have a welfare center nearby. We have shopping facilities and all that is required in order to provide for a total com- munity." Deputy Mayor Herman Badillo, Nov. 16, 1978. "The Crotona Park area presently lacks adequate community facilities, commercial enterprises, developed open space and job opportunities. The housing there is abandoned or seriously deteriorated." City Planning Commission, Oct. 16, 1978. "It was to get something started in this community. Board 3 in the last 10 or 15 years has been last man on line in the South Bronx to receive housing assistance. It's about time we got our fair share." Paul Muscillo, president, Neighborhood Community Renewal Corp. and member of Bronx Community Board 3. Charlotte Street was too many things to too many people. Caught in the crossfire of politics and planning, and lacking a strong identity of its own, Charlotte Street caved in like a celebrity pulled apart by the manipula- tion of others. Charlotte Street was to have been the first housing outpost in the new settlement of the South Bronx. It was where President Carter's crash course in urban pathol- ogy took place 16 months ago, where he raised new hopes that the South would rise again. The plan called for construction by the New York City Housing Authority of 732 units of two and three- story cooperative apartments on what is now 18 sloping acres of overgrown lots, abandoned buildings and very few people. By February 8, when the Board of Estimate voted no, the Charlotte Street housing project was being defined and analyzed by people with such widely-differing per- ceptions, motives and criteria that it is no wonder that it perished. Shouldn't there be a comprehensive plan? Shouldn't economic development come first? Is the South Bronx going to take money away from the rest of the city? Don't we need a clearer commitment from Washington? Is Charlotte Street the right location? Why new con- 4 "I resented using Charlotte Street as a priority just because Carter stood there. I resented the fact that our priorities were not given preference or even discussed. Badillo was the main pusher of Charlotte Street. We felt he was doing it for political motives, to get brick and mortar up here by 1980 and look good for Mr. Carter. Charlotte Street was never a priority in this community. " June Salters, member, Bronx Community Board 3, Jan. 5,1979. "Charlotte Street is an appropriate site for a low-rise and low-density housing project. It is quite defensible. The federal government is interested in having early action projects, not just a plan. This project by itself will strongly add to the health and welfare of the South Bronx and is worth doing by itself." Edward Logue, executive director, South Bronx planning, Feb. 9, 1979. "There used to be a strip area along Wilkins Street with a cleaners, a drug store, other businesses. Now everything is out of the neighborhood. I feel sorry for people who don't have cars. You need a car." Claud- ette Phipps, a 14-year resident of the Charlotte Street neighborhood, Dec. 15, 1978. struction when there is so much deteriorated housing in need of rehabilitation? Isn't it important to get some- thing started quickly as a sign of good faith to the people of the South Bronx? No consensus ever developed around Charlotte Street because no one could agree on the questions, not to mention the answers. At this writing, Mayor Koch has asked the Board of Estimate to reconsider its vote, and he appears to be backing away from his dug-in stance that there will be no more special planning for the South Bronx. In the event that planning does go on, it might be instructive to look at the Charlotte Street project in light of two principles that public officials have maintained would guide all efforts for the South Bronx. One was that projects would be anchored to areas of existing strength, locations where there has already been public and private investment and where there are institutions, jobs and good housing. The second was that decisions would be made through a working "partnership" of federal, state, city and community opinion about the best way to match resources with needs. Jack Watson, Carter's assistant assigned to the South Bronx planning effort, has gone out of his way to stress meaningful partnership. It is hard to see how Charlotte Street fits either princi- ple too comfortably. It is easier to s.ee how it emerged as the priority of one man who saw its value in symbolic terms and convinced many people that Charlotte Street was a test of New York City's own will to rebuild the South Bronx. Areas of Strength Charlotte Street is a "short dump" in the inelegant language of the New York City Sanitation Department. Dozens of tank-like sweepers rumble down its three blocks daily to drop their cargos of cans and bottles and paper and dirt, vacuumed from the gutters of the sur- rounding streets. The trash is bulldozed into neat piles, then sprinkled with water to batten it down against the wind. Later it is hauled away in trucks, except for what blows across and sticks to the acres of rubble. Miguel Perez, owner of the Spanish-American grocery just around the corner from Charlotte Street, would love to have seen the new housing go up. "It's unbelievable. This place is like a ghost town," said Perez, who has lived in the neighborhood for 15 years. Two years ago, Perez did about $3,000 worth of busi- ness a week. He ordered 350 pounds of meat alone. Today, despite the fact that his store is open three hours a day longer, business is down to $1,200 a week, and 150 pounds of meat is enough for his customers. There is but a single occupied building in the ten blocks that make up the triangle-shaped site for the proposed housing. The view is dominated by abandoned structures and large tracts of empty space where the land was cleared years ago for schools that were never built. Hardly anyone traverses the area on foot or by car. Children living on the fringes say they cannot get friends from other neighborhoods to come visit them. Many of the stores that lined the streets two years ago are boarded up. The only medium-sized supermarket, Food Pageant, closed many months ago. An inventory of human services in the area, prepared for Deputy Mayor Herman Badillo, is practically blank on the page entitled "shopping area." Residents take buses, drive cars or walk a hefty distance for clothes, food, appli- ances, medicine and other.necessities. At the crest of Charlotte Street, P .S. 61, now the Francisco Oller School, was nearly shuttered two years ago to save money. The school has a capacity of 988 students and a current enrollment of 440. There were 35,000 students in the school district five years ago. Now there are 15,000. There were 150,000 people living in the community district in 1970. Nearly one-third were gone by 1975 and the population loss has undoubtedly continued. Police presence has also declined. The 42nd Precinct has been cut by 21 per cent (26 officers) in the past year as a result, according to police, of redrawn boundaries that transferred several high crime sectors to other precincts. Charlotte Street is stark, even by South Bronx stan- dards. Still, appearances can deceive. There are a lot more human services-schools, associations and clubs, child care facilities, churches, employment and training continued on page J 7 Scavenging for wire amid the rubble of Charlotte Street. 5 CETA HOUSING JOBS THREATENED A decision to eliminate or vastly reduce the CET A programs of many community housing organizations in New York Ctiy is being reconsidered following a noisy protest by about 200 people at the office of Housing Commissioner Nathan LeventhaL The demonstration January 29 won an immediate meeting with Leventhal, Stanley Brezenoff, commis- sioner of the Department of Employment and seven negotiators representing 38 housing groups with CET A Title VI (public service employment) programs. The 38 groups, which are linked together under the Association of Neighborhood Housing Developers, have a total of 375 CET A jobs this year and had applied for 335 jobs for the next contract, beginning in March. The negotiators learned that HPD intended to reduce the groups' allocation to 80 jobs under the ANHD con- tract and to 23 jobs under a separate contract with the College of Human Services. The Manhattan Valley Development Corp., for example, which had 21 CET A VI jobs this year and applied for 18 under the new contract, would have been cut to eight under the city's plan. Jose Acuna, director of MVDC, said the cut would not only be "disastrous" for the neighborhood, but "would set the city's housing program back two or three years" because MVDC uses many of its CET A workers to maintain and repair city- owned buildings. "The city would be getting more phone calls from people who were not getting proper services," Acuna said. Among other examples, Kelly Street Block Associa- tion was to be cut from 26 jobs to 4; West Harlem Community Organization from 34 to 4 and the Peoples Housing Network, from 13 to 2. HPD contended that it had 600 housing jobs to fill, down from 800 jobs this year, and that it received 155 proposals for a total of 1,700 slots. Although CETA is an employment program, DOE gave city agencies, including HPD,decision-making authority this year over proposals within their program areas. -Many non-profit organizations had opposed HPD determination of what constituted valid neighborhood projects. A nine-page summary of HPD's initial plan, made available to ANHD organizations by Leventhal, con- tains the following breakdown of how the CET A housing jobs were to be allocated: housing rehabilitation (234); housing maintenance and repair (65); security (69); energy (26) and In-Rem property treatment (206). ANHD negotiators said an analysis of the HPD docu- ment showed that the proposed cutback to .the 38 organ- izations could be traced to two factors: one was the inclusion of new housing-related activities, such as neighborhood security; the other was an apparent redis- tribution of jobs favoring groups doing housing rehab- ilitation ("hardwarde"jobs in HPD lingo) and discrim- 6 inating against groups doing tenant organizing and counseling ("software" jobs) that would be more likely to create future headaches for the agency. "It seems to me that HPD and DOE have turned around the concept of CET A and are using it for their own purposes," the representative of one hard-hit community group said. Leventhal denied that HPD intended to discriminate against tenant organizing, saying, "I happen to think tenant organizing is very important." However, he added that HPD would be "foolish" not to tie the CET A program in with HPD's priorities and programs. Other HPD officials acknowledged that rehabilita- tion does claim a new priority for CET A jobs. A much greater demand is now being placed on CET A VI for rehabilitation jobs, particularly from organizations with federal contracts, because of a recent reduction in the number of CET A I job training jobs available. "We had a certain commitment (of CETA VI) to meet off the top," Deputy Commissioner Marvin Markus said, referring to a large bloc of 234 jobs going to organizations with rehabilitation contracts. The irony is that those groups would prefer to have the jobs under CETA I. (See November, 1978 City Limits.) Markus also told City Limits that HPD's ability to deliver was an important criterion for evaluating pro- posals. For example, he said, it would not make sense to funq a level of tenant organizing jobs that would create a future demand for housing services and programs that HPD could not meet. "It's a question of raising false hopes," Markus said. A major source of confusion has been the ambiguity over whether organizations could apply for ~ E T A VI jobs under more than one contract. Months ago, HPD advised many groups to apply through the College of Human Services in Manhattan for organizer jobs. Many did. Now, DOE has stated absolutely that no groups will be permitted to have CETA jobs under more than one contract. HPD has said the organizations will be able to consolidate their proposals. Markus has indicated that some recapture of jobs is possible, saying that "in some cases there may have been a good proposal that did not come through to us." ANHD negotiators charged that HPD's evaluation of proposals had been superficial and some of its decisions arbitrary. They said the small increase in jobs envisioned by HPD was unacceptable. Among some of the unanswered questions are who will determine how individual organizations will be grouped together for contract purposes-the source of a lot of the confusion over numbers-and whether exten- sions will be granted for expiring contracts. 0 J 1 $1 MILLION FOR WEATHERIZATION UNTOUCHED; FISCAL WOES CITED by Bernard Cohen More than $1 million earmarked for housing weather- ization in New York City has gone unspent because of questions about the fiscal accountability of the city agency that was to administer the money, according to reliable sources. The original plan was to route the $1.07 million from two federal agencies, the Department of Energy and the Community Service Administration, through the state to the city's Community Development Agency. CDA was to funnel the money to community action agencies and neighborhood organizations to pay for insulation, weather-stripping and other materials to protect apartments from the cold and conserve energy. At an estimated cost of $350 to $450 per unit, the money would have been sufficient to weatherize more than 2800 apartments. Sources said the Division of Economic Opportunity of the New York State Department of State received the money from the federal agencies last summer and gave CDA a $105,000 advance. Upon learning that CDA was having problems with fiscal controls and that the agency could not obtain a "statement of adequacy" from the city comptroller's office, DOE and CSA ordered the funds frozen. After first denying through a spokeswoman that CDA had been having fiscal problems, Commissioner Roger Alvarez admitted that CDA lacked a "statement of adequacy" but said it stemmed from accounting difficulties during the period of October, 1976 through September, 1977. Since then, CDA has undergone a major reorgan- ization and the problems have been cleared up, Alvarez said through his aide, adding that he expected the formal clearance from the comptroller's office within a few weeks. Meanwhile, the weatherization money has been idle. "It's been a very difficult situation, because we wanted to get the money out as soon as possible," one state official said. With other funds coming in from DOE, the state now has $2.15 million for weatherization for New York City. Another $18 million is expected. It is not yet known how much of that $18 million will go to New York City, although one estimate is $5 million to $8 million. Adding to the dilemma was that with CDA closed off, the state was unable to turn to Operation Open City, which has weatherized 8,000 units for some 20,000 residents through its Weatherization and Energy Con- servation Program. The reason was that Open City was having fiscal and organizational problems of its own. Ironically, it was CDA that blew the whistle on Open City when it announced last October that it was termin- ating the weatherization program at Open City because of alleged fiscal irregularities there. Open City, too, has undergone reorganization, its contract has been rein- stated and its role in weatherization expanded, accord- ing to CDA officials. Haskell Ward, then commissioner of CDA and now a deputy mayor, criticized city audits at the time for not detecting Operation Open City's alleged problems and said, "CDA's findings . .. suggest serious shortcomings in the city's fiscal oversight mechanisms." 7 State officials said they are now actively soliciting proposals and ideas from community organizations. At the same time, they said it is still possible the money could be routed through CDA if its problems are re- solved. "We want to get the money out into the communi- ties," said one state official. "We are trying to get infor- mation out to all groups in New York City. We are trying to assess the capacity of everyone and are in the process now of evaluating and putting together a total weatherization plan." While the money will pay for materials, it does not cover the cost of labor. The possibility of combining the funds with CET A (Comprehensive Employment and Training Act) jobs is being explored. 0 ANNOUNCEMENT There is more than $2.1 million available for weather- ization, and the State is anxious to get community programs started. For further information contact: New York State Department of State Division of Economic Opportunity 270 Broadway New York, N.Y. 10007 The Ad Hoc Weatherization Task Force has been working on this issue. The task force, a coalition of community organizations and the Energy Task Force, is now developing proposals to fund weatherization. Others who are interested are welcome to join. Contact: Ad Hoc Weatherization Task Force c/o Len Rodberg 515 West 1l0th St. New York, N.Y. 10025 Housing Conservation Coordinators Richard Marans 777 Tenth Avenue New York, N.Y. 10019 541-5996 COUNCIL, TENANTS EYE FIGHT TO TIGHTEN FORECLOSURE LAW by Susan Baldwin Community groups and City Councilmembers are showing signs of wear and growing distrust of each other as the time draws closer for the Council to take its closely watched vote on the amended bill that would tighten up the loopholes and the timetable for land- lords to recover their buildings from foreclosure. The bill, known as Intro. 492A, passed the Govern- mental Operations Committee of the Council January 24 by a vote of six to three after disgruntled Council- members and their aides had spent weeks lobbying city agencies to tighten up the prevailing easy installment agreements for redeeming properties. The full Council meeting, originally scheduled for February 20, was put off to February 27 because of Councilmembers' vacation schedules. Under 492A, an owner who defaults on any quart- erly installment agreement will lose through fast fore- closure procedures both his property and the money he had already paid. The quick foreclosure aspect of 492A was one of the major amendments proposed by Councilmembers Ruth Messinger (D, Man.), Stanley Michels (D-L, Man.), and Jane Trichter (D-L, Man.) prior to the January 24 committee session and incorporated into the Koch Administration's amended version of Intro. 492. This is critical because, under the old law, an owner could enter into an installment agreement with the city, make a down payment, and pay no more until the next foreclosure list the following year. Meanwhile, he could continue to collect rents on his property. Critics of 492A protest that it requires a landlord only to make a down payment of 20 per cent on his arrears, but not to correct any major violations on his building, They have also charged that the bill addresses itself to fiscal accountability rather than to people's needs. Supporters, on the other hand, see 492A as the first step toward arriving at major changes and improve- ments in the city's housing policy. "I am not worried about being criticized," said Councilwoman Messinger. "I plan to vote for 492A because I think it is a very good bilL" "I know everybody is confused about the January 24 vote on 492A, but I think we actually won, " said Joan Brinton, a Brooklyn tenant leader who serves on that borough's citizens' task force on city-owned property. "492A isn't everything we wanted, but it certainly is half the package. As far as I know, this is the first time this Administration has responded to community pressure and is respecting tenants' views." Jane Benedict, head of the Metropolitan Council on 8 Housing, gave a different interpretation of 492A. "It simply shortened the amount of time from eight years to four years that a landlord has to pay," she said. "Also, all he has to do is put 20 per cent up front. That's even less than the 25 per cent from before ... It deals with finances, not people, and it's a clear indica- tion that the Koch Administration knows it has a hot potato that it wants to get rid of as soon as it can." Under the city's permanent law known as Section D.17 of the Administrative Code, a landlord had to pay 25 per cent down of the arrears owed and was allowed only the same number of calendar quarters that he was in arrears to pay up the balance, up to a maximum of four years. With Local Law 34, passed in September, 1978, and the original Intro. 492, proposed as a com- panion law to 34, a landlord could redeem his building by paying as little as 15 per cent down on the taxes owed and by agreeing to pay up the balance over a period as long as eight years. The January 24 committee hearing attracted some 300 attentive and sometimes boisterous citizens. They told Councilmembers about unattended and unserviced buildings, strengthening the case for legislation to re- quire that landlords correct major building code vio- lations, and to screen out landlords whose record indicates they will not honor such commitments. A series of amendments that called for the correction of the major building code violations, notification of tenants of the landlord's intention to redeem his build- ing, and prohibition of redemption of buildings already enrolled in the city's alternative management programs were narrowly defeated by a vote of four to five. In the roll call on 492A, Councilwoman Miriam Friedlander (D-L, Man.), one of the dissenters, explained her vote against 492A. "I am appalled that landlords should be allowed to redeem buildings, par- ticularly in a community where I have seen the break- down of buildings and management." She asserted that only when tenants run the buildings are code require- ments met and taxes paid. Friedlander represents the Lower East Side where large numbers of buildings have been redeemed by landlords who for years have not corrected maior building violations. Committee Chairman Leon Katz led the vote in favor of 492A, asserting, "Whether we want to face it or not, this city has a revenue problem. We have to pay people their salaries. We have to put these properties on the tax rolls. " His yes vote was answered by derisive shouts from the audieoce, and was quickly followed by a vote of no from Councilman Robert Rodriguez (D, Man.-Bx.), who said that he had mixed feelings about Intro. 492 and 492A, and that he agreed with forces that were opposed to easy redemption. He, in turn, was chastized during the roll call by Chairman Katz. After the session, Rodriguez explained his position. "They thought I was going to go along, that I was in the tank. They think they can take you for granted, but I usually apply my votes by following my people and what they say. This is why I voted no." Prepared testimony from Chairman Isaiah Robinson, Jr., of the City Commission on Human Rights was rejected by Mayor Koch's aides who reviewed it prior to the hearing because it supported restrictions on owners attempting to redeem property. In his suggestions for reform Robinson was to have spoken out for "a screening process ... which would dis- qualify landlords with a history of either tax arrearage or failure to provide services." Certain Council members and their aides are currently mustering support for two amendments that would call for the screening of landlords and the proviso that landlords redeeming their buildings sign installment agreements to correct major violations on their proper- ties. These amendments will be raised, along with 492A, at the February 27 Council meeting. Messinger said that she and her other Council colleagues will support an all-out floor fight for the two amendments. She reported that a city workers' union, District Council 37 (AFSCME), is lobbying Council- members to vote for 492A and the amendments. A negative opinion of 492A was voiced by Mark Goldowitz of the Bronx Coalition on City-Owned Property. "Three provisions help the landlords, one helps the city collect taxes, and nothing helps the tenants," he said. Another opponent expressed a similar view. "We would like to see all pro-tenants Councilmembers vote against 492Aso that the Koch Administration could see that this movement is not divided," said Tom Gogan of the In Rem Tenants (IRT), a city-wide coalition that is organizing tenants in city-owned buildings. "It's not enough just to have this quick foreclosure," he said. "We believe that the tenants deserve more from the city and that if all forces stay united, they will receive it ... The Koch Administration has simply adopted this 492A position because it makes it look good with Washington and the banks. We are still calling for programs for the people." 0 CD FUNDS FOR IN REM UNCERTAIN New York City's hopes for receiving continued Community Development (CD) funding to maintain its ever increasing number of tax-foreclosed (In Rem) properties in the upcoming budget year could be dashed if a strict interpretation of the federal guidelines prevails. The city is calling on Washington for approval of some $100 million in CD funds to operate its expanding In Rem program in the 1979-80 CD V year. At the same time it has agreed to kick in $30 million from its own tax levy funds to maintain these properties which presently number some 10,220 parcels. Each year New York receives a total of between $240 million to $260 million in CD funds. In an interview with City Limits, an aide to Sen. William Proxmire, chairman of the Senate Banking, Housing, and Urban Affairs Committee, painted a dim view of New York's prospects for receiving this special funding. "The use of federal funds to maintain and operate these In Rem properties is not envisioned in the CD act," the aide declared. "Of course, New York has a lot of problems that it tries to get accepted that were not envisioned byCD, and, of course, I am giving a strict constructionist interpretation" of the federal regula- tions. Stressing the importance of "looking closely at the law," he added, "The rules do speak quite specifically in terms of rehabilitation, an eligible activity. In the con- text of a CD-approved program, they do not allow for 9 operating costs and maintenance, nor do they permit new construction . . . But, of course, all proposals are subject to interpretation. And that application [New York's] has yet to be approved." City sources, however, said that there appears to be a more conciliatory attitude toward New York on HUD's part. And the White House is known to have expressed a willingness to help the city in its request for continued use of possibly up to $100 million in CD funds to run its In Rem properties. There are also discussions going on now about asking HUD to increase New York's normal share of CD funds. Late in August, 1978, HUD gave conditional approval to the city's $41.1 million plan for CD IV to manage and repair its tax-foreclosed buildings despite questions over whether this use of CD funds was eligible under the federal guidelines. At that time, the city was given six months to develop a self-sufficiency plan for operating this program. HPD and area HUD officials are cur- rently engaged in preliminary talks aimed at developing this plan. According to John Garrity, a community develop- ment specialist in HUD Assistant Secretary for Com- munity Planning and Development Robert C. Embry's office, New York's request last year was funded only as an "urgent CD request" with stipulations that the city "come up with a plan for the future." "Our area office has been working with the city, and we know that they are trying to incorporate an even continued on page 11 BANKS TESTED ON eRA TN I lANK Anna Marie Reinthaler of Northwest Bronx Community and Clergy Coalition. More than 60 anti-redlining activists convened recent- ly in front of the Rockefeller Center branch of the Dime Savings Bank of New York to inaugurate a new stage in the fight to increase the flow of credit into neighbor- hoods. The members of the Coalition Against Redlining.and National People's Action came together after testing more than 30 banks to see if they were in compliance with recent federal regulations intended to "encourage" financial institutions to meet the borrowing needs of low and moderate income neighborhoods within their lending areas. Under the law, called the Community Reinvestment Act, federal regulatory agencies are required to take lending record "into account" when evaluating a bank's application for a charter, deposit insurance, new branch, merger or other step to expand or relocate. Since most banks have little desire to help the rebuild- ing of communities in which they are located, they use their right to open new branches as a way of gaining access to deposits from more affluent suburban areas. Tim O'Hanlon of South Brooklyn A.I.D. calls this "leaving the scene of the crime." Anti-redlining groups assert that banks have an obligation to strengthen the neighborhoods and boroughs in which they are located. In visiting the banks, the neighborhood groups were looking to see if they had on file as required CRA state- ments describing what the banks define as their "com- munity" and lisiting the various types of credit they offer. Most banks had such statements, although the quality varied. Without doubt, CRA is a boon to anti-redlining efforts. Community groups have been given a tremen- dous opportunity to influence their local banks if they 10 monitor them vigilantly. Not a lot of research is required. Although the regulatory agencies maintain that the examination process will be subjective, they must take many specific factors into account when assessing the banks' records, including: *What effort did the bank make to reach out and determine the actual credit needs of the community? *How has the lender marketed or advertised loan availability? *Has the bank discouraged loan applications by not making forms available, by charging non-refundable application fees, by requiring excessively high down- payments or by granting very short loan terms? *Do the bank's loans favor wealthier sections within the community? Has it opened branches in the suburbs or wealthy sections of Manhattan and closed branches in low-income areas? It is important to know that CRA requires every bank to maintain a public file for comments that you or your organization want to bring to the attention of the bank's officers. Banks are now required to disclose by zip code or census tract where they hold mortgages and where they granted loans last year. The main branch will have the information. A CRA examination will be conducted about every 18 months, even if a bank has not applied for permission to expand. If your local bank has a poor loan record, you are within your rights under CRA to demand an investi- gation by the regulatory agency even if the bank has not filed an application. You can also contact the regulatory agency cited in the bank's CRA public notice to request notification of any applications the institution submits to the agency. Already, Bank on Brooklyn and South Brooklyn A.I.D. have won a significant victory. The Greater New York Savings Bank, which had an almost non-existent record in originating mortgages, has been ordered by the Federal Deposit Insurance Corp. to design an equi- table lending strategy before the regulatory agency will consider its application to open a new branch. 0 Cathy Herman SALES POLICY TAKES SHAPE A proposal to sell New York City-owned property to non-profit buyers for $250-a-unit reportedly has the support of Mayor Koch. Following submission to the Housing Policy Board, composed of representatives of several city agencies, the plan has to be approved by the Board of Estimate. The $250 price tag refers to all units, vacant and occupied, and was developed by HPD in an effort to create for the first time a volume sales program. HPD's goal is to sell 100 buildings to non-profit buy- ers this year and 200 buildings in 1980. 0 INSURANCE DEADLINE New York State is racing a federal deadline for reducing FAIR Plan property insuranct:. rates with no visible sign that the Legislature is going to comply. Under federal law signed by President Carter last October, states had until Jan. 31 to make their FAIR Plan rates equivalent to those charged in the private market of face loss of federal riot reinsurance. When that date passed with no action by the Legis- lature, the Federal Insurance Administration notified New York State insurance companies that their riot reinsurance was being terminated. The termination is subject to a 30-day notice, so that action by the Legis- lature before March 3 would permit continuation of the insurance. The federal law was passed because of the FAIR Plan -a pool set up to provide "last resort" property insurance in neighborhoods that have been redlined by insurance companies-charges rates that are up to five times higher than are paid in the private market. Known as the Holtzman Amendment after Rep. Elizabeth Holtzman of Brooklyn, the law also requires that one-third of the FAIR Plan's governing board be public members with no ties to the insurance industry. In New York State, all 13 board members have insur- ance industry connections. There has been a growing public awareness of the harmful impact on neighborhoods of the blanket denial of fire and homeowners insurance. A report last year by the Department of Housing and Urban Development said that "insurance redlining is widely practiced" and that "risks are rejected not on the basis of objective underwriting standards but rather on highly subjective perceptions of risks assumed for general locations. " State Farm and Casualty, the nation's largest proper- ty insurer, has withdrawn 85 per cent of its business from older urban neighborhoods, according to the National Training and Information Center in Chicago. The State Assembly has passed a bill that would equalize FAIR Plan rates with those in the private market. A bill in the Senate would reduce the rates but allow them to remain 30 per cent higher than private market rates, which would not comply with the federal law. Pressure is being mounted on senators by anti-red- lining groups to support a bill that would conform to the Holtzman amendment. Failure to do so will mean the loss of riot reinsurance that the federal government now supplies at a cost of two cents per $100 of premium. It provides that the federal government will share with private insurers the risks posed by urban disorders. I t would also mean the loss of a $15 million credit that New York has built up and the loss of access to a $28 million nationwide reserve, to cover losses from riots or civil commotion. 11 There are presently 75 insurance contracts providing riot reinsurance to 263 insurance companies in New York State. 0 In Rem continued larger amount of CD money into the 1979-80 budget," he said, adding, "We are trying to work with the city and also meet the intent of the statute." He mentioned $70 million as the city's requested amount for the In Rem funding. Garrity also pointed out that New York City is the "only place in the country where they [city officials] have requested block grant money to maintain property." The final application to HUD in Washington is not due until June or July. "We are not going out and encouraging the city to put in this application, but we do understand that New York does have a serious problem," he concluded. "Within the law, we want to help them. I think you can say that that is our position at this time." Meanwhile, Congressman S. William Green (R-Man.) conducted public fact finding sessions to gather more information on the city's critical In Rem housing con- dition, and area HUD officials have submitted a detailed questionnaire to HPD seeking specific data about the city's massive property holdings. Rep. Green is a member of the House Subcommittee on Banking, Finance and Urban Affairs. 0 The Rent Guidlines Board will hold a public meeting on March 7 at 10:30 a.m. at One Police Plaza in Man- hattan to decide on rent increase ceilings for 800,000 stabilized apartments from July 1, 1978 to June 30, 1979. _CITY LIMITS. published monthly by the Associatioll of Neighborhood Housing Developers Inc., Pratt Center for Community and Envfronmental Development, and the Urban Homesteading Assistance Board. Editorial Office: 115 East 2Jrd Street, New York, New York 10010 (212) 674-7610 Editor ............ .... . .. ........... . . .. .. . ... . Bernard Cohen Assistant Editor ..... . .. . ........ . .. . .. . ..... . . .. Susan Baldwin Design and Layout . . .......... . ..... . .. . .. . .. . ... Louis Fulgoni Copyright 1979. All rights reserved. No portion or portions of this journal may be reprinted without the express written permission of the publishers. This issue was funded by grants from: Fund for the City of New York, Citibank and the Arlen Trusts. POOR PEOPLE: THE NEW ENVIRONMENTAL HAZARD by John Douw In December, the U.S. Court of Appeals ruled out New York City's plan to build 160 units of public hous- ing on a vacant site along Columbus Avenue and West 91st Street in the West Side Urban Renewal Area. The West Side Urban Renewal Area has been the scene of a struggle for adequate low and moderate income housing for almost a generation, and the Court's decision makes it likely that the struggle will continue for a long time to come. What is startling about the ruling is that it implicitly finds low income people to be a threat to the environ- ment, equating them with the more familiar kinds of hazards protected against by federal environmental law . If that viewpoint stands, if fear and opposition in the community is a "social environmental impact" to be avoided, and if concentration of public housing alone violates federal environmental law , it is hard to think of locating it anywhere that won't be vulnerable to such 'a lawsuit. The twenty-block area, running from West 87th to 97th Streets, Amsterdam Avenue to Central Park West, was first planned for urban renewal in the 1950s. Devel- opers had good reason to be interested in the area-the proximity of Central Park, adequate public transporta- tion, the prestigious luxury apartment buildings along Central Park West and brownstones, suitable for reno- vation, along the side streets. A number of tenements, however, lined Columbus Avenue. These, along with the brownstones, housed the poor black and Hispanic population. So in the urban renewal plan, fashioned for middle class needs, the luxury buildings were to be "conserved," the brownstones rehabilitated, and Columbus Avenue tenements demolished. The community was quick to respond to these plans and won certain concessions from the City when the Wagner Administration was determined to go forward with an urban renewal plan in 1962. In particular, the city made a commitment to provide at least 2,500 units of low-income housing within the Area and to insure that those displaced by redevelopment would have priority for all new housing built under the plan. The city's commitment to a minimum of 2,500 low income units was inadequate to begin with. Some 12,000 low income families were displaced from the area by urban renewal. But the realization of the commitment has eluded the community over the many years that development of the West Side Urban Renewal Area has taken place. The best estimate is about 2,060 low 12 Site 30 income units there now, but as many as 900 could be phased out over a period of time. A number of methods have been tried to produce the units. Four Housing Authority projects were completed in the 196Os. In addition, the city attempted to reserve a certain number of units (at first 20 per cent, then 30 per cent) for low income families in the new middle income buildings. The idea of economically integrated buildings is appealing, but it has proved to present some severe problems. In the first place the middle income develop- ments, mostly Mitchell-Lamas, have very few large apartments. Large families who were displaced have had the most difficult time finding new housing within the Area. The programs designed to provide the low income units have not been secure and permanent. In particular, the Capital Grant Program, a state rent assis- tance program similar to Federal Section 8, provided a number of low income units but is being phased out. All things considered, conventional public housing proved to be the soundest low rent program. Federal law requires that tenants in public housing pay no more than 25 per cent of their income for rent. Public housing accommodates large families. It is decent and safe hous- ing, and it is generally well managed. Consequently, in 1970 and 1971, two sites on Colum- bus Avenue were redesignated for public housing by the City Planning Commission and the Board of Estimate. They were Site 30, a 150-foot by 200-foot lot between 90th and 91st Streets, and Site 4, between 95th and 96th Streets. The Trinity School, a private Episcopal school on Columbus Avenue, brought suit against the city and the Department of Housing and Urban Development to bar any further public housing in the Urban Renewal Area. The Strycker's Bay Neighborhood Council intervened as a defendant early in the case. Trinity has since with- drawn as a plaintiff, leaving two brownstone owners and a loose-knit organization primarily of middle class homeowners called CONTINUE (Committee of Neigh- bors to Insure a Normal Urban Environment) to carry on the fight. Among the allegations were that by converting Sites 30 and 4 to public housing the city had fundamentally altered the plan from its original conception and that further public housing would "tip" the area, causing middle and upper income residents to leave. In fact, there has never been any sign of "tipping." Brownstones are purchased or rented by upper income 'Jeople. The new buildings along Columbus have waiting ists. Rents are going up drastically, and owners seem to have no trouble finding tenants at the increased rents. Far from the middle class fleeing the community, the poor are being squeezed out. The case had been narrowed down to the issue of whether HUD complied with the National Environ- mental Policy Act (NEP A) in agreeing to fund the low income project for Site 30. NEPA, since its enactment into law in 1970, has provided the basis for hundreds of lawsuits by conserva- tion and environmental groups to challenge federal projects-highways, military bases, nuclear power plants, and the like-which are destructive of the natural environment. However, NEPA's coverage is not limited to the natural environment. It also deals with the human or "social" environment, and it was the social environmental impact which the Court of Appeals focused on to prohibit public housing from being built on Site 30. The project is bound to have a certain impact, whether one wants to call it environmental or not, in terms of traffic congestion, air pollution, an additional number of children sent to the local schools, increased demands on City services, among many examples. Matters such as these are fairly easy to gauge, and HUD's environ- mental clearance did not find any problem with the Site 30 in this respect. But HUD's environmental guidelines also require consideration of impact on the "social fabric" of the community, and here evaluation is more subjective and laden with value judgments. HUD considered a num- ber of alternatives to the proposal, particularly alterna- tive sites, as it was required to do after the first appeal in 1975. When HUD commented favorably on an alterna- tive site, Site 9, which would locate the project away from existing Housing Authority projects in the Area as an alternative which might reduce opposition to the project and thus lessen "social environmental impact," the court in the second appeal found sufficient reason to bar the project on Site 30. The Court found that because other public housing was located in the immediate vicinity of Site 30, partic- ularly the 4OO-unit Stephen Wise Houses on the same block, there was an increase of racial and economic concentration which violClted NEPA. It ignored the fact that there is also a great deal of middle-income housing and brownstones in. the saine proximity, that high income limits at Stephen Wise Houses have brought in moderate income families, and that there is a high degree of racial integration in Housing Authority projects in the Urban Renewal Area. 13 Calculations by a community organization, the United Tenants Association, based on income levels of existing and planned buildings in the immediate area of Site 30, show 785 low income units and 794 middle or upper income units, a 50-50 split that suggests economic integration rather than concentration. The courts have rejected most of the plaintiffs' allega- tions on the more technical question of adherence to the original plan. Not only did the court say no to Site 30 because it concluded that another site away from this supposed "concentration" along 91st Street would have less "social environmental impact," but it required HUD to give further thought to low-rise and mixed income hous- ing, regarding it as "folly not to heed the most modern thinking on the subject where a major undertaking is involved. After all," the court continued, "what doctor would fail to use the most recently discovered curative medicine merely because the patient had become ill prior to the discovery. " The court's allusion to disease is revealing: poor and working class people are a plague; best not to concen- trate too many of them in one place; there would be some improvement by spacing the projects out, but low- rise and mixed income housing might reduce the hazards further. The defendants, HUD, the city and Strycker's Bay Neighborhood Council have filed a petition for a re- hearing before the full Court of Appeals. On February 6, Community Board 7 voted 32 to 2 to file a "friend of the court" brief in support of the defendants. The decision has seriously limited the possibilities of achieving the commitment for 2,500 units of low income housing in the urban renewal area. Moreover, it has added a new element of peril to any plans for public housing anywhere. 0 John Douw, an attorney with Community Action for Legal Services, Inc., is counsel to Strycker's Bay Neigh- borhood Council as defendant in this case. MANAGEMENT GROUPS GET $7.8 M FOR SIX MONTHS The Board of Estimate approved applications for two new Community Management groups and renewed con- tracts for 13 existing groups at its February 8 meeting for a total funding of $7.8 million. The 15 contracts, effective March I, run for six months. Contracts for three groups, including a new applicant, were laid over until a later date. And, at its March 8 meeting the board will consider awarding a new $2 million contract to the New York Urban Coalition to train smaller neighborhood groups in self-management. The three new groups that submitted CM contracts are: Sunset Park Redevelopment Committee in Brook- lyn for a total of 200 units; the Upper Park Avenue Community Association (UPACA) in Manhattan, 100 units; and the Urban Renewal Committee of South Jamaica, 100 units. Consideration of South Jamaica's application was postponed. According to Sandra Moore, director of the Com- munity Management unit at HPD, the South Jamaica application qualifies as a pilot project in that the 100 units identified for management are located in one and two-family homes, not in multiple dwellings. Each group, Moore explained, will start managing a much smaller number of units than the total allotted to each neighborhood for the life of the contract. The board will consider awarding the $2 million con- tract to a non-profit company set up by the New York Urban Coalition to oversee management of properties around the city by smaller groups which lack the experi- ence to enter the regular Community Management program. The program, known as the Management in Partner- ship Program (MIPP), runs for two years and includes classroom instruction on management and bookkeeping skills as well as supervised on-the-job experience in running neighborhood buildings from a community office under the close scrutiny of the larger tion, in this case, the Urban Coalition. The $2 million budget will cover classroom expenses, maintenance and operational costs, and payment of both the Urban Coalition and the local community groups staffs for the two year period. Asked to explain the rationale behind the MIPP program, Bruce Dale, an architect and the head of this new program, said, "The city has found that the Com- munity Management program takes a great deal of surveillance on its part. It just can't keep taking new groups into that program. But with MIPP, all the city has to do is oversee the larger management group, while this 'Big Brother' organization is responsible for the smaller ones." 14 At the present time, HPD has more than 50 requests for entrance into the CM program. It plans to accept only a few more this year, bringing the total to 25 by June 1. A total of 30 CM groups are planned by June, 1980. Under the MIPP program, Dale explained, the larger organization can take on supervision of nine or ten smaller groups a year, thus maximizing the number of city-owned properties in alternative management programs. After the two-year training program is completed, he added, it is expected that community groups or tenant associations that have been managing the properties for the trial period may be ready to buy their building or enter into the interim lease program. Groups tentatively scheduled for the MIPP program for a total of 600 units are the Elmhurst-Corona Neigh- borhood Association (Elm-Cor) in Queens, the Minis- terial Interfaith Association in Harlem, Alliance for Progress in the Highbridge section of the Bronx, and the Crown Heights Management and Maintenance Corp- oration in Brooklyn. The approved CM contracts were as follows: Contract Amount Contractors Clinton Housing Development Corp., Inc ..................... . ... . Interfaith Adopt-A-Building, Inc ........ . Inter-Neighborhood Housing Corp ...... . Kelly Street Block Association .. ... . .... . Manhattan Valley Development Corp .... . Morris Heights Neighborhood Improvement Association ........... . Nuevo EI Barrio Para La Rehabilitation de la Vivienda Y La Economia Inc. (N.E. R.V.E.) . . ...... . ....... . . .. .. . Oceanhill-Brownsville Tenants Assoc .... . St. Nicholas Neighborhood Preservation and Housing Rehabilitation Committee . . ..... .. ...... . ........ . Southside United Housing Development Fund Corporation ....... : . . ... . ... . . South Bronx Community Housing Corp . ... ... . ... .. . ...... . . . Sunset Park Redevelopment Committee .. . Upper Park Avenue Community Association Council ......... . ...... . West Harlem Community Organization, Inc ......... . . . ....... . West Harlem Group Assistance ......... . (CD Cost) $ 409,956 500,036 543,605 657,030 621,506 220,812 351,026 689,139 249,039 951,537 1,029,536 174,596 110,377 668,528 614,653 Total............ . .... . ........... . $7,791,376 Groups whose contracts were laid over were Neigh- borhood Community Renewal Corp., $201,331; United Block Association, $179,164; and Urban Renewal Committee of South Jamaica, $110,377. D Taino Towers continued First priority for the apartments goes to the 350 families that were displaced to construct the buildings. Neighborhood residents who have been on waiting lists since the early 1970's will also be given priority. Accord- ing to Taino Tower officials, more than 7,000 people are on the list. "If you're going to be living here, you'll have to learn how to sew your own curtains because of all the glass," Carmen Cruz, director of public relations and research for the Taino Towers project, said to Dorca during a recent apartment tour, as the frail, but wiry 34-year-old woman raced through the model apartment checking out the "amenities" that many critics have called too luxurious for "poor people's housing. " "I don't care," Dorca answered. "I'm just happy that I'm going to be in here. This is just wonderful. What a big bath tub. I am just going to be very happy here. And I'm not even going to change the walls. I'll leave them just the way they are." The 656 units include 113 efficiency, 130 one-, 184 two-, 201 three-, and 28 six-bedroom apartments. The "fair market" rental for equivalent housing in New York City is $560 per month for the efficiency; $646 for the one-bedroom; $779 for the two-bedroom; and $900 to $990 for the three-bedrooms and up. According to Alexander Naclerio, director of housing for HUD's area office, "There really is no price tag for the six-bedroom apartment because this is unheard of in public housing." Construction on Taino Towers began in September, 1972, after the community sponsor, the East Harlem Council for Human Services (then the East Harlem Tenants Council), received a federal commitment for $39 million in the form of a FHA mortgage guarantee and a construction loan from a group of nine banks led by Chemical Bank. The project was built without the benefit of tax shelters. In November, 1975, construction on the project came to a halt when the general contractor, S.S. Silber blatt, refused to continue work unless HUD granted a mortgage increase. According to Yolanda Sanchez, former chairwoman of the East Harlem Redevelopment Project, Inc., the owner of the project,the Silberblatt firm stopped work, claiming that the six per cent profit built into the original mortgage agreement with HUD did not keep up with national inflation. The project stood vacant and work ceased until August 18, 1977, when the sponsors signed an agree- ment with HUD secretary Patricia Harris, who author- ized an advance of $10 million to finish the project. Construction started up again in September, 1977, with Lasker Goldman Corporation, the HUD-appointed general contractor, assuming the work. 15 At present there are about 35 lawsuits pending on Taino Towers. According to Joseph Burstein, a HUD assistant secretary who is project manager for the Towers development, HUD has won back at least $18 million against Silberblatt and "expects to recoup everything.' , Bruce Silberblatt acknowledged that the lawsuits were contil'\uing but refused to discuss any details of what he called "quite an interesting story." The total cost of building Taino Towers has still not been added up, but estimates run from about $46 million to $62 million. And estimates for the per unit cost for the residential space, if all commercial and community space is leased, run from $22,500 to $33,000 each. The major problem facing Taino Towers at this time is renting up the community space. "We are not worried about the commercial space," Julio Vasquez, administrator of , the project, told City Limits recently. "I know everybody is talking about the non-residential part of the Towers, but I am not worried. We have signed up Fedco for most of the commercial space, and we expect to bring in Chemical Bank, a travel agency, and possibly a franchise restau- rant like Burger King." Fedco is a minority-owned supermarket chain. Vasquez also said that he is negotiating with the state to open a group home for mentally retarded patients and that two organizations with Headstart programs have shown interest in the day care facility, equipped to handle 260 children. The East Harlem Council for Human Services Neigh- borhood Health Center has been operating its community facility in the complex since October, 1978. Its annual rent is $120,000. The hope, Vasquez and Cruz said, is that the com- mercial and human resource spaces will generate enough rent to offset a significant part of the mortgage expenses. Management is seeking to revive interest in relocating to Taino Towers that was expressed prior to the two-year construction delay by the Boys Club, Ballet Hispanico, Jazz Mobile, EI Museo del Barrio, and Malcolm-King College. Fiscal constraints have forced many of the programs to reconsider earlier plans for the move. Gerard Silverman of Silverman and Cika, the archi- tect for the project, expressed pleasure at the imminent opening of Taino Towers. "We've been looking for- ward to this housing and the joy it will bring the neigh- borhood people since this vision began in 1965, " he said. "A lot of community people worked very hard for this. It has been a long hard time. I feel a certain sadness that the economy turned the way it did, but I still maintain the the project would not have happened if the people hadn't had the confidence to make it happen. It seems a very long time ago that we were talking about the rent strikes in East Harlem, but here we are. We continued on page 17 LANDLORD MINISTER UNDER FIRE by Jay Flavin The Jekyll-and-Hyde case of Daniel Potter the minis- ter and Daniel Potter the "slumlord" has led to sharp divisions within the New York City Council of Churches, the Protestant umbrella group of which Potter is executive director. On February 15 the Council met but apparently did not make a decision on whether to terminate Potter. The major denominations belong- ing to the Council had been threatening to abandon ship and leave Reverend Potter as shepherd without a flock. Potter has served for 26 years on the Council, most of them as its director and chief fund-raiser. His critics concede that his efforts as fund-raiser (in particular, the annual "Family of Man" dinner which he organizes) have kept the Council financially afloat. But recent revelations that Potter is owner of numerous deterior- ating tenements in Albany-where he is known to city officials, neighborhood associations, tenants and the media as "the Reverend Slumlord"-has led to a move- ment within the Council to unseat him. Two recent votes of the Council's Board of Directors failed to remove Potter, despite an internal investigation that raised questions not only about his rental properties but about his finances as well. The most recent vote, on January 18, was 29 to 22 against replacing Potter as executive director. One board member, Reverend Lawrence H. Alexander of the United Church of Christ, has already resigned in protest, and others have stated that they will pull out if Potter is not removed. "Unless there is some plan announced on the 15th for the redevelopment of the Council's leadership, with a timetable, we are preparing to recommend to our respective constituencies a withdrawal from the Council and a formation of a new organization," declared Reverend Carl E. Flemister of the American Baptists. "Reverend Potter has been a real embarrassment to us for years," Flemister continued. "With over 170,000 Baptists in New York City, we don't have a credible Protestant witness like the Catholic Diocese or the Rabbinical Council. They don't even send a representa- tive to our meetings. Can you imagine sending Potter into a community to speak on any of the social issues?" Reverend T. Thomas Boates, Jr. is president of the executive Denominational Committee, which he described as "a committee of all the denominations, independent of the Council." According to Boates, "We all agreed that we would withdraw unless the Council prepares to search for new leadership. [Episco- pal] Bishop [Paul] Moore was at the meeting and agreed Jay Flavin is a member of United Tenants of Albany and Northern Region secretary of the New York State Tenant and Neighborhood Coalition. 16 with our intention to form a new organization." "The Council as now structured has not been respon- sive to the needs of its members," claimed Boates. He cited Potter's continued and successful emphasis on fund-raising while social problems such as housing and youth lacked leadership. Other ministers contacted called Potter a "disgrace" and a "liability." Alexander was a member of the investigative com- mission set up the the Council last fall to look into the charges against Potter. "There were serious questions about Dan Potter's management of personal income from the Albany properties and Council of Churches income which were not answered by the Commission's investigation," he asserted. Potter's attorney, George Duff, has prevented the committee from seein!5 Potter's financial records, despite the statement of a Certified Public Accountant that he could not certify the veracity of financial statements provided by Potter to the com- mittee. Duff also serves as attorney for the Council, to which position he was appointed by Potter, and is a member of the Council's Board of Directors who voted against the firing of the director. "Potter's current troubles began last fall with a survey of his tenements by the Albany Urban Ministry. Results of the survey and research by United Tenants of Albany produced a litany of complaints and serious violations which spilled over into the Albany news- papers. This publicity caught the eye of New York City clergy, notably State Senator (and Minister) Carl McCall of Manhattan. McCall demanded Potter's resig- nation, as did a delegation from United Tenants of Albany who traveled to New York City to attend a Council board meeting. A motion to remove Potter at that time failed by a wide margin, but the investigative committee was established. Committee members traveled to Albany, accompan- ied by Potter, on November 1st. An on-site inspection of Potter's tenements was followed by a meeting with members of the Albany Urban Ministry, United Tenants representatives, Albany Code Enforcement Director Arthur Phinney, and some of Potter's tenants. Phinney brought with him 18 to 20 files of violations placed on Potter's buildings; these were stacked over one foot high. Nearly every Potter property had severe violations repeatedly logged, month after month, year after year, uncorrected since 1972. Phinney later labeled Potter "the worst slumlord in Albany." Potter got heavily into real estate in 1963 with the purchase of eight Clinton A venue properties for $26,000. Throughout the 60's and early 70's Potter increased his Albany land holdings to 20 rental proper- ties. By last fall he was down to 16. All of these buildings are in the Arbor Hill neighborhood, a poor, 85 percent black area adjacent to the state government complex. With over 50 apartments, Potter's gross take is estimated conservatively at $60,000 a year. As director of the Council, his salary is reported over $70,000 annually. He currently owes in excess of $50,000 in unpaid real estate taxes to Albany County, while collect- ing over $10,000 a year from the county's Department of Social Services, through direct rent voucher checks, for his tenants who are public assistance recipients. Though Potter claimed $48,000 in repairs on his tax forms the investigative committee agreed with rehab- ilitation specialist Virginia Worthington-Pac that "what little there was of Reverend Potter's handiwork was shoddy and not meeting even the most minimal standards of workmanship." The committee report stated: "Most of the buildings which the Commission members saw were in deplorable condition. Without exception, the opinion among those of us who saw the buildings was that these were not dwellings we would recommend for human habitation." Potter's most recent arrest occurred on October 8, for failing to have an apartment inspected prior to rental, as required under Albany's code. He pleaded guilty in Police Court and was fined $200, the maximum. "Shop- lifters have been fined more," charged Roger Marko- vics of United Tenants of Albany. While the fight over Potter's tenure with the Council rages, the tenants of Arbor Hill properties only know that they are subjected to indecent living conditions. They pray for relief. 0 Taino Towers continued have the health care facility, and now we have the housing." Asked if he ever worried that the complex would be reclassified as middle income housing or even demol- ished because of all the expensive litigation, Silverman said, "No, because I have confidence in people, even in bureaucracies, because they are made up of people." The concept of Taino Towers came under fire during the early days of the 1976 presidential campaign when Republican hopeful Ronald Reagan referred to the complex as luxury housing for the poor. "The people here were very annoyed by his com- ments, but there was nothing else to do but plug along," said Sanchez, noting that the strong will and determina- tion of the East Harlem community outlasted Reagan's criticism. According to Sanchez, HUD issued a set of demands in August, 1976, that included a HUD takeover of the ownership of the project and a conversion of the Towers 17 to middle income housing. "They tried to take the project away from us because of the default on the mortgage," she recalled. "This is when we had to tell Washington it was ours and we wouldn't give it up. I think they saw we really meant business. Then we had the change in the Administration. And then Secretary Harris listened to us." Dorca Santiago lingered with another visitor after her tour of the model apartment. "I really h ~ v e to go home now, but I am hoping that after three weeks or so, I'll never have to go back there," she said. "I am going to have to change my furniture and everything, but I can't wait," Santiago added. "Even though it's cold in my apartment, I won't be cold because I'll be thinking of the new place." Dorca and her husband have been living in a building that has been virtually without heat since 1971. The landlord abandoned the building in 1975, and the city took title in 1976. The Santiagos became the sole tenants of the building after the city attempted to vacate the premises last summer. "The city is trying to move us right now, but I don't want to have two movings in three weeks," Dorca concluded. "I have asked them to leave us alone because I am sure we.'ll be moving to Taino." In the meantime, the Santiagos continue to pay the city $77 a month and to walk to the basement each day with gallon milk jugs to store their water supply. The water line was cut off some time ago because it was deemed unsafe. 0 Charlotte Street continued centers, health facilities, housing offices, recreational t:enters and transportation lines-than are immediately apparent. (Although the inventory by the city did not take place until long after Charlotte Street wa:s desig- nated.) Charlotte Street is also an ideal location for new con- struction since much of the land is owned by the city and has already been cleared, requiring relatively less dis- location. The city estimated that 141 families, six small businesses and one church would have to have been re- located. Still, because one would be hard pressed to label Charlotte Street an area of strength, the proposed site was the subject of heated debate and disagreement among city officials and Bronx residents. The fact is that Charlotte Street was never a priority of the community. It was championed by Deputy Mayor Herman Badillo, whose authority over planning was so single-handed that some were calling him the "God- father" of the South Bronx. "He came on as 'Little Caesar,' " said Lincoln Chinnery, a member of Com- munity Board 3. Badillo effectively persuaded Board 3, the City Plan- ning and Commission and the Board of Estimate (the first time around) that it was necessary to make an early start and that future federal aid hinged on approval of Charlotte Street, a linkage that was later denied by the White House and HUD. "Carter was there and this makes it easier to get the next piete. That's how the world works," a member of Badillo's staff quoted him as having said. It almost worked. In defending the City Planning Commission's approv- al of Charlotte Street, despite obvious misgivings, Chair- man Robert Wagner lr. told a public forum in Decem- ber, "If the commission had voted down Charlotte Street it would have given Washington an excuse to walk away from the South Bronx. It is our one hope of pinning him (Carter) down to a commitment." Partnership Housing plans developed over the years by four coali- tions in Board 3 were passed over to clear the way for Charlotte Street. "Charlotte Street was not our first choice or anywhere near it," said Dana Driskell, the district manager of Board 3. "We have had other priori- ties over the years. This was given to us as a 'fait accompli' for us to accept or reject." Rev. William 1. Smith said Board 3 had been "isolated" from the plan- ning phase. Although Board 3 approved the housing project 28 to 7 on August 11, there were a lot of unanswered ques- tions . Did the housing meet the real needs of the area? How much would it cost and who would live there? What was meant by cooperative low income apart- ments? Would the construction create jobs for local people? What other housing improvements were being planned to support the project? Although preference was to be given to residents of the immediate area, living in the new housing would have required an annual income of $11,000 to $17,000, or six to ten times the $1,676 average per capita income for the 23 census tracts in Board 3, according to 1974 figures. Few area residents, then would have been served by the project, raising further questions about where the new residents would have come from and what the impact would have been on the areas they vacated. Although the project was billed as a co-op, the resi- dents would not have been true owners. The Housing Authority would have controlled the project for the entire 40 years of its indebtedness. It could have vetoed cooperative decisions and terminated leases at any time. "The equity contribution has no relation to the actual financing of the project and guarantees no rights of ownership," the City Planning Commission said. The project would probably not have created many jobs fqr local people. One educated guess by the Hous- ing Authority was about 85 jobs under a formula that instructed the developer to employ "to the greatest extent feasible" South Bronx residents for 66 per cent of 18 all unskilled jobs and 20 per cent of skilled jobs. Com- munity organizations had pushed hard for a higher ratio. Anticipating that the issue might have heated up once the project was started, the Police Department took aerial photographs of the site to determine the best location for a temporary post. Finally, the city planners said that at least 3,000 hous- ing units would need to be rehabilitated. Ideas for up- grading the units were on various drawing boards, but no one had any idea where the money would come from. One city planner said that other neighborhoods, Bathgate in particular, would have been preferable for a one-shot investment. Even if the money had been found, it is questionable whether it would have been spent around Charlotte Street. Ramon Rueda, head of Board 3's housing com- mittee, said, "We will not continue to reinforce that project at the expense of other areas. There are other parts of the board that are living, sustainable areas with a moderate amount of dollars." With all of the questions, then, why did Board 3 approve Charlotte Street? The major reason has to be Badillo's strong advocacy and an impatience on every- body's part to see something started. Interviews with 14 members of Board 3 show that many of those who voted for the project believed that if they rejected Charlotte Street, the housing would have been built somewhere else, further starving their district. "It's very simple. We're in bad shape in this area. It doesn't matter who starts to do something as long as it starts," said Rev. Kenneth Folkes, a board member. George Abarca, also a board member, said, "It is better to have something than nothing," adding that without a beachhead such as Charlotte Street, "We'll never get on our feet." Self-interest undoubtedly also played a role. Many board members were probably very reluctant to oppose Badillo for fear that their own housing plans would be banished to a desk drawer. As a result, many community residents who were not thrilled with the site, the cost and the fact that the Housing Authority would build it, supported the housing development. They tended to see it as merely the first turn of the federal aid faucet, more important for what it would lead to than for what it would be. Wagner may have made the most prescient observa- tion of the whole agony over Charlotte Street when he said that the South Bronx "could become New York City's Vietnam" by claiming "to do something we can- not do and serving least well the very people we claim to be helping." 0 32 CD NSA'S PICKED The City Planning Commission has identified 32 neighborhoods for designation as Neighborhood Strategy Areas over the next three years. Ten were selected as demonstration projects for the first year. NSA's are areas in which federal Community Devel- opment funds will be concentrated and coordinated with other government and private sector programs. There are no extra CD funds for the NSA program. It will be funded out of the $242 million fifth year alloca- tion for the city, starting in September. The Planning Commission initially proposed to name five NSA's for this year. Following two public hearings at which more than 130 people testified, the commission doubled the number to 10 and said 32 neighborhoods would qualify over three years. The neighborhoods designated for this year were: Bronx - Kingsbridge, Bronx River/ Soundview; Brook- lyn - Bedfore Stuyvesant, Sunset Park and Flatbush; Manhattan - Washington Heights/ Inwood, Manhattan Valley; Queens - Corona, Jamaica; Staten Island - North Shore. The remaining neighborhoods are: Bronx - Aldus Green/ Longwood, Belmont, Bronx Park South/ West Farms. Highbridge/East Concourse, Morris Heights/ University Heights/West Tremont, Morrisania, St. Mark's Park; Brooklyn - Brownsville, Bushwick, Crown Heights, East New York, Fifth Avenue/ South Brooklyn, St. Nicholas, Southside; Manhattan - Central Harlem, East Harlem, Hamilton Heights, Lower East Side; Queens - Astoria, Long Island City, Far Rocka- way, Ridgewood, Woodside/ Sunnyside. D Advertisement SITUATION WANTED: Registered architect, heavy experience in all types of rehab work and programs. Seeks position with community group. Commission or consulting basis or staff position. Feasibility studies, design, production, site super- vision, estimating. All size projects. Contact City Limits. 674-7610 RENT COLLECTION Rent collection is far higher in tenant and community- managed buildings than it is in city-owned buildings in general, HPD Commissioner Nathan Leventhal told a legal forum recently. According to Leventhal, the rate of rent payment is 95 per cent in buildings managed by tenants under the interim lease program; 80 per cent in community-man- aged buildings and 45 per cent in city-owned buildings as a whole. Leventhal produced another interesting statistic, which is that welfare recipients make up less than 30 per cent of the tenants of city-owned buildings. Speaking at the same gathering, Roger Starr, former head of the Housing and Development Administration (HPD's predecessor) and now a member of the editorial board of the New York Times, said the city's attempts to deal with its housing crisis "cannot possibly succeed." Starr said a decline in the city's economy had made it impossible for a large segment of the population to afford decent housing. He called the In Rem program a waste of money and said the city should operate on a reduced scale. Sounding none to confident himself, Leventhal said, "I'm not convinced that we're going to succeed," but he reaffirmed a commitment to exploring all available options. D NYSTNC AGENDA The New York State Tenant and Neighborhood Coalition elecredoff icers and adopted its 1979 legislative program at a statewide membership meeting held in Albany on January 28. The delegates voted to support an increase in benefits for welfare recipients, and to oppose New York City's proposed demonstration project to place West Bronx recipients on restricted two-party checks. Strategies were developed to achieve enactment by the State Legis- lature of legislation to protect tenants from retaliatory evictions, and to reduce FAIR Plan insurance rates for homeowners in so-called high-risk neighborhoods. To: The Editors, CITY LIMITS, Association of Neighborhood Housing Developers, Inc. 115 East 23rd Street, New York, New York 10010 Please enter my subscription for one year (10 Issues) to CITY LIMITS. o Private businesses, foundations, banks, government agencies and officials, city- wide groups - $20.00 o Individuals and community-based organizations - $6.00 Enclosed Is my check for $ _______ , payable to ANHD / CITY LIMITS. 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