About The PWVTA

BYLAWS
PWVTA Bylaws amended to March 26, 2007

ELECTED OFFICERS

President, Maggi Peyton
    President@PWVTA.org
Vice President, Albina De Meio
    VicePresident@PWVTA.org
Treasurer, Jane Benderr
    Treasurer@PWVTA.org
Secretary, Gloria Scorse
    Secretary@PWVTA.org
Membership Secretary, Miriamne Spector
    Membership@PWVTA.org

PWVTA COMMITTEES

To join a committee, ask a question, or make a suggestion, please contact the committee chair directly at the email address listed below.

Outreach and Action Committee
action@pwvta.org
The PWVTA Outreach and Action Committee is our liaison with various housing and community groups and meetings. The committee chairperson reports to the PWVTA Board about what is happening within our neighborhood, city, and state, as well as events that we can attend to help preserve affordable housing within NYC. Among the groups are Tenants & Neighbors, Citizen Action, Community Free Democrats, Goddard Riverside Senior Center, Joint Public Affairs Committee for Older Adults, and Met Council on Housing.[to top]

Communications Committee
communications@pwvta.org
The Communications Committee is responsible for publishing The Park West Tenant, the newsletter of the PWVTA. Articles for the newsletter (as well as the layout and design) are contributed by Park West Village residents.
Web Subcommittee webmatters@pwvta.org
It was formed as a part of the Communications Committee to help build and maintain the PWVTA.org website to provide online communication and improve the flow of information among all residents in Park West Village.[to top]

Legal Committee legal@pwvta.org
The Legal Committee meets monthly to consider, analyze and recommend to the Executive Board legal actions that might be taken by the Association or by individuals with the support of the Association. Although there may be attorneys on the Committee, the Committee cannot represent the Association or any individual, and if legal action is recommended, a practicing attorney is retained, and the Committee acts as liaison and reviews the legal bills.
     Currently, the Committee assists tenants who wish to file rent overcharge petitions with the DHCR and monitors the progress of all such cases. The Committee is also discussing the legal actions and strategies that might be available to deal with the disruption caused by the excavation/construction activities in our midst.[to top]

Quality of Life Committee
quality@pwvta.org
The Quality of Life Committee has developed a survey to be distributed to all tenants in the seven buildings. The survey requests responses by tenants to problems within their apartments, the common spaces, and outdoor areas. The Quality of Life Committee plans to distribute the survey during the first week in May.
     The results of the survey will set the important subjects for the weekly meetings with the PWV Acquisition LLC management. Be on the lookout for your survey which will be distributed by floor captains or building representatives in your building. Directions for the return of your completed survey will be included. Your immediate response is important to the Committee and all PWV residents. Please return the survey promptly! [to top]

Social Activities Committee
Social@pwvta.org
The Social Activities Committee shall be responsible for planning and implementing social and cultural activities of interest to tenants [PWVTA Bylaws]. [to top]

PURPOSES OF THE PWVTA
The Park West Village Tenants' Association (PVWTA) is a voluntary, non-profit, membership organization whose purposes are to protect the rights and welfare of tenants in Park West Village (PWV); keep PWV tenants informed of their rights; represent PWVTA members in negotiations with Park West managements; represent the concerns of PWVTA members to outside organizations and to elected officials and government agencies; and support and participate in campaigns by various organizations, including Tenants and Neighbors, the Metropolitan Council on Housing, and the Mitchell-Lama Residents’ Coalition, to expand tenant rights, strengthen rent regulations, preserve affordable housing programs, and protect the ability of low-income and moderate-income tenants to remain in their homes.
     PWVTA is a member of Tenants and Neighbors, a state-wide organization, and of the Metropolitan Council on Housing. PWVTA supports their campaign to win repeal of the Urstadt Law, the state law, enacted in 1971, that abolished local control over rents and evictions. The Urstadt Law transferred control over rents and evictions in New York City from the city’s own elected representatives in the City Council to the state legislature, dominated by upstate legislators without tenant constituents.
     Since then the state legislature has repeatedly weakened rent regulations and tenant protections, causing a severe diminution in the supply of affordable rental housing. The Urstadt Law prohibits New York City from strengthening its rent regulations and tenant protections. Legislation to repeal the Urstadt Law and to restore local, or home, rule over rents and evictions has been introduced in the state legislature. To learn more about the campaign to restore home rule and how you can help, go to www.metcouncil.net/campaigns/urstadt.htm.
     PWVTA is a member of Preserve West Park North (Preserve WPN), a coalition of community residents and tenant organizations from Central Park to Broadway above 86th Street. It was created in 2006 in an effort to stop PWV landlords Lawrence Gluck and Joseph Chetrit from demolishing landscaped, recreational, and parking areas in the PWV super-blocks along Columbus and Amsterdam avenues between 97th and 100th streets and using the land to build several luxury apartment towers and a huge multilevel suburban-type shopping mall. Preserve West Park North seeks to preserve the area’s affordable housing, open spaces with air and light, safe streets without unnecessary congestion, and diverse stores primarily serving local residents. [to top]

PWVTA ORIGINS & LEGAL ACTIONS
PWVTA became active in 1975 when then-owner Harry Helmsley applied for a special "hardship” rent increase of 6.63 percent, on top of lease-renewal increases allowed by the Rent Guidelines Board. PWVTA contested the hardship claim and was upheld by the courts. PWVTA provided the test case for rent withholding when a landlord violates the Warranty of Habitability.
     In a landmark decision in 1978 the state’s highest court ruled that, if a landlord fails to maintain safe, sanitary, livable conditions, tenants had the right to withhold rent and, when brought to court for nonpayment, to sue for a rent abatement.
     In 1984 PWVTA went to court in an effort to block the landlord's conversion of PWV from rental housing into condominiums, on the ground that the law and plan under which PWV was built barred this type of change in land use for 40 years. That court action failed and conversion proceeded in the four Central Park West buildings. In 1987, during the conversion of 372 and 382 CPW into condos, PWVTA obtained a court injunction protecting tenants from harassment by the landlord. The buildings at 392 and 400 CPW were converted to condos in 1991.
     In 2006 PWVTA initiated a variety of actions, including an unsuccessful court case, intended to delay demolition work and gain community input into the reconstruction plans of the current PWV owners, Lawrence Gluck and Joseph Chetrit. PWVTA has sought and obtained partial redress from the state Division of Housing and Community Renewal (DHCR) on various issues and complaints, including landlord applications for major capital improvement@ (MCI) rent increases, landlord cutbacks in security and in building and grounds upkeep, and rent overcharges for new tenants. [to top]

PWVTA ACCOMPLISHMENTS
(1975-2011)

*1975 – Hardship Increase – PWVTA was formed to resist the attempt of the owner (Helmsley) to impose a “hardship” rent increase. PWVTA contested the hardship claim and was upheld by the courts.

*1978 – Warranty of Habitability - As a result of PWVTA’s actions during the garbage strike, the Warranty of Habitability principle was established as part of New York State law. The Court ruled that if a landlord fails to maintain safe, sanitary and livable conditions, tenants have the right to withhold rent and, when brought to court for nonpayment, to sue for a rent abatement.

*1984 – Land-Use and Neighborhood Change Test Case - PWVTA challenged in court the landlord’s (Helmsley) plan to change two of seven PWV buildings (372 and 382 CPW) from rent stabilized to condominium status. PWVTA contested that the change would alter the economic and social character of the buildings and, if extended, the neighborhood, and thus would violate the 40-year Title I covenant to maintain middle income housing under which PWV was built. The court case, in which PWVTA was supported by the New York State Attorney General and the New York City Law Department (Corporation Counsel), ultimately went up to the New York State Court of Appeals.
     The Justices asked many questions about neighborhood change but ultimately decided that existing law applied only to density and land use (residential, commercial or industrial), and not to the social, cultural or economic components of a neighborhood. The implications of that decision, and the gaps in current existing law, continue to be played out throughout the neighborhood and state.[to top]

1985-87 – Harassment Injunction Issued – After PWVTA lost the case to stop the conversion, the landlord (Helmsley) issued conversion plans for two PWV buildings (372 and 382 CPW) and employed a wide range of harassment practices to eject tenants in order to free up apartments for condo sale. PWVTA documented the range of harassment practices, organized tenant affidavits, and demonstrated to the Attorney-General’s office the extent of the problem. The Attorney General appointed an Independent Person to review the evidence.
     In June 1987, a Harassment Injunction Order was issued by NYS Supreme Court Justice Kenneth Shorter (Index No. 86-2151). The Order required the landlord to discontinue harassment practices not only in the two buildings being condo’ed but in all seven PWV buildings now and until the sponsor of the condominium conversion no longer holds any apartment units.[to top]

1986-87 - Initial Condo Efforts Held Back - PWVTA successfully contested the landlord’s initial efforts to condo 372 and 382 CPW by proving to the Attorney-General’s Office that the landlord’s claimed number of potential bona fide buyers (just over the minimum legal 15% requirement) was fraudulent. To prove that, PWVTA had surveyed the 415 apartments in each of the two buildings. On a second “round,” the landlord enlisted commitment from a far larger percentage of actual building residents and 372 and 382 CPW became condos in 1987.[to top]

1989 – 91 All Residents’ Interests Represented During 392-400 CPW Condo Process - PWVTA did not officially oppose the change to condo in 392 and 400 CPW, but did set up a committee to work with both the NYS Attorney General’s office and the 392-400 condo planning committee.
     PWVTA’s work assured both that the rights of rent-stabilized tenants were protected in the negotiations and final plan (Black Book) and that all residents would benefit from PWVTAs long record of keeping track of the landlord’s faulty maintenance. PWVTA presented to the Attorney General, for example, hundreds of tenant reports of elevator problems over the previous several years, as a result of which elevators were declared a “special risk” and the landlord, fearing the failure of the condo plan, agreed to upgrade the elevators and increase the buildings’ reserve funds.[to top]

1987 - Tenants Awarded Damages and Roof Replaced in 400 CPW – PWVTA enabled 20th (top) floor tenants suffering leaks and freezing temperatures to file a complaint with DHCR. Damages were awarded and the roof was replaced.[to top]

*1988-89 – Residents’ Parking Rights Protected in Condo Process Throughout N.Y. State - PWVTA successfully challenged the landlord’s (Helmsley) withholding of parking spaces to 392/400 CPW residents during the several-year condo process. PWVTA obtained the parking application lists, surveyed the use of all existing spaces in both lots, and obtained a decision from the Commissioner of the NYS Division of Housing and Community Renewal (DHCR) applying not only to PWV but to all residents of New York State, requiring that in any change to condo status, existing parking lists must continue to be used and both purchasers and tenants on parking lists must continue to be given spaces.[to top]

2001-2003 – Tenants’ Security Deposits Reclaimed – The “new” landlord (Stellar PWV, now PWV Acquisition LLC) did not report interest on tenants’ security deposits in 2000 or 2001. On investigation, PWVTA found these accounts had been improperly reported, and working with the Attorney General’s Consumer office, gained restitution of the reporting of and interest payments to tenants on their security deposits.[to top]

2002-2003 – Rent Strike Successfully Carried Through in 784, 788 and 792 Columbus Avenue – Nearly 200 tenants withheld rent from the landlord and deposited it instead in an escrow account set up by PWVTA in order to pressure the landlord to make repairs. Negotiations resulted in a commitment by the landlord to undertake a list of repairs and to pay a sum to the PWVTA, which helped to cover PWVTA’s legal and accounting expenses in running the Rent Strike.[to top]

2003-2004 – Building-Wide Petitions for Rent Reductions based on Decreases in Services  -
Tenants in rent-stabilized apartments were rallied to sign and file petitions to DHCR Meetings with landlord at the agency resulted in a Comprehensive Agreement with the landlord which included repairs of numerous building problems, security guard/concierge arrangements, and reimbursement of legal fees. 

2000-2007– Pattern of Rent Overcharges in 784, 788 and 792 Columbus Avenue Challenged and Some Rents Rolled Back –
The “new” landlord (Stellar, now PWV Acquisition LLC) frequently did not follow the rent-stabilized guidelines, often charging over $2000 for apartments to new tenants and declaring the apartments exempt from rent-stabilization. Working with PWVTA, and frequently enlisting engineers’ reports, tenants in those buildings have filed dozens of cases with the NYS Division of Housing and Community Renewal (DHCR) demonstrating a pattern of egregious overcharge and seeking a rollback of overcharges in the three buildings. The majority of the individual tenants’ rents have been rolled back.
     PWVTA first called this overcharge pattern to the attention of DHCR and the NYS Attorney General’s office in 2000. In May 2004, the DHCR Enforcement Unit filed a Notice of Hearing in 25 of the overcharge cases, alleging that PWV Management and its owners had knowingly violated the Rent Stabilization Law by “engaging in evasive practices, including submitting to DHCR false documents in 25 rent overcharge complaints brought by tenants …”
     A settlement was reached in this Enforcement Case in June 2005, whereby, while “making no admissions as to any of the charges,” PWV Acquisition LLC et al agreed to issue legal rent stabilized leases, rollback rents, pay damages, and correct the apartment registrations in this group of cases. The settlement documents are public. Tenants have continued to file cases.

2005 ff -  Contesting Landlord Applications for Major Capital Improvement (MCI)  Increases –
has continued to be a PWVTA response throughout its history.  A substantial disallowance was granted to a recent claim.

*2006 ff – Efforts to Preserve Park West Village as a Community  
The current owners of Park West Village announced sometime in 2006 their plans to develop Columbus Avenue from 97th to 100th  with a 29-story residential tower, several smaller apartment buildings, and three blocks of major retail stores, effectively splitting our community in two, evicting small local store owners, and, advertising the new development as “the intersection of shopping and life,”  threatening our lifestyle.
     PWVTA attempted to affect the nature of the development by pursuing several different strategies. We acted to bring an injunction to halt construction for several months in order to try to have some input into the plan, having developed alternatives that would retain the community design.
     We also filed with the Planning Commission to declare PWV a Special Preservation District, which would have limited what could be developed here. Having been unsuccessful in these efforts, we supported an action before the Board of Standards and Appeals to reverse the Building Department’s refusal to allow for a public review, which would have permitted  resident input on the plans.
     Supported by Manhattan Community Board 7, we urged the Mayor’s Office of Environmental Coordination to apply its environmental review criteria to developments such as those in PWV.
     We also supported a court challenge to the development brought by one of our tenants which sought to declare the development illegal under Federal Law.  In the meantime, we worked with the developer to preserve our trees, prevent a two-way road in our midst, and ameliorate the effects of the years of constant construction
     The challenges have continued, and in 2011 we are currently involved in trying to prevent a 22-story nursing home from being constructed within Park West Village, believing that it would serve well neither the prospective patients nor the present residents.
     Throughout PWVTA’s 35-year history, thousands of tenants have been helped with their questions about lease renewal, household repairs, unauthorized charges, rights to services, and myriad other ongoing issues.  While PWVTA has engaged legal counsel for technical matters, most of the work has been carried out by members.

*Actions significant to tenants throughout New York State[to top]


Park West Village Tenants' Association,   P. O. Box 20339,   Park West Finance Station, New York, N.Y. 10025
Tel: 212-662-2610  Info@PWVTA.org   www.pwvta.org        [5/19/11]