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New York Shitty Day Starter: 239 Banker Street Craigslist Advertisement Du Jour
Now they’re employing YouTube footage.
New York Shitty analysis:
- It would probably be advisable to remove the personal items from the previous tenants (who were vacated by the Department of Buildings) before filming.
- Then again, who cares?
But the insanity does not end there. Let’s proceed, shall we?
So now:
- 239 Banker Street
- The Sweater Factory Lofts
- The Factory Lofts
- The 39 Meserole Avenue Lofts
- The “Rustic House” Artists Lofts
are now known as 245 Banker Street. Fascinating. By any other address it still has Stop Work Order.
New York Shitty Day Ender: 239 Banker Street, Revisited…
possibly, probably for the final time.
Another day (August 19, 2012 to be specific), another move-in at 239 Banker Street.
Another day, another advertisement for the “Sweater Factory Lofts” on Craigslist.
I know what you’re thinking, gentle readers:
Why is this allowed to continue?
I have been long remiss in sharing the good news so here it is: what you have just seen is not a failure on, say, our municipal agencies and/or elected officials to defend the public’s interest/safety. It is a community organizing success story. You read me correctly: S-U-C-C-E-S-S. S-T-O-R-Y!
This I learned from none other than a Community Board 1 member who also happens to be a Community Organizer for an organization called “Neighbors Allied For Good Growth”.* She writes— after educating me on the specifics of Loft Law eligibility regarding landlords willing to “build out” (such units are eligible, as I learned) and I pointing out to her that by the time window allotted by the law alone 239 Banker does not qualify or Loft Law protection. I have taken the liberty of bold-facing my favorite passages.
It seems like everyone is waiting to see families (I thought they didn’t rent to those —Ed. Note)evicted onto the streets (again) and for these tenats to loose all sorts of cash (again). Filing the application protected these tenants from being further victimized. They arent stupid and can do the math. They understand that they dont qualify and they really dont need you to spell it out for them. However lame you may find it, the application will allow them leverage to get back deposits, gives them time to find new homes, and changes the script from them being victims in the scenario to having a voice in what goes down.
Let’s review/play Devil’s Advocate for a moment:
1. If I were able to afford an “apartment” to the sum of $2,700 – $3,200 a month (which is in my opinion a lot of money) methinks a little due diligence would be in order. A simple Google search reveals this building’s dubious history.
2. Hell, some disgruntled neighbor even noted this ON 239 Banker Street itself not too long ago (as seen at left).
3. But I suppose mistakes will be made— over and over— and that’s why we need “Community organizers”. Nevermind the fact tenants who can outlay the kind of money to reside in such a building can probably also afford to hire an attorney and file a class action suit.
But there I go again being “lame”. What’s worse, I’m getting ahead of myself.
Naturally, I was very intrigued by what this Community Organizer/Community Board 1 member had to say. Especially since she had an active hand in the Loft Law application in question:
i know who filed the app. Kinda goes with the territory of tenant organizer. It’s not easy to stop a slumlord. Spend one day in housing court or read the articles about the buildings we focused on for our tenant rights rally a couple of weeks ago and you will see all sorts of outrageous behavior. the slash and burn budgets of bloomberg dont help anything but it is more than just a city issue. dhcr — a state agency– has an average 2 year wait for a first hearing on an overcharge….
After informing this Community Organizer that I had, in fact, experienced some rather outrageous landlord behavior myself (over a $850/month apartment, no less, and have been to housing court) I pressed on:
If the applicant(s) knew what they were getting into was illegal; know they are ineligible for protection and you are bemoaning the fact our city agencies, the loft board among them— which has a 15 month backlog— why are you adding to the problem (e.g., filing this application in the first place)? This strikes me as being inconsistent. Is that 15 month window why the landlord “going along for the ride”? Just curious.
To wit I was informed:
they didnt know it was illegal when they signed the lease. filing the application was the only way to get them due process. it is also a great way to get the landlord into a city agency. the old tenants could never find him to serve him, etc. once a tenant files, there is no way for a landlord to stop the action–something this landlord tried to do. trust me, he doesnt want any rent stabilized tenants. in the end, you will probs end up with a hotel in that space….
…probs…
That’s my prob. This property was issued permits by the Department of Buildings under the ostensible purpose of it being a hotel. It didn’t exactly pan out that way.
Fifteen months to two years (possibly more) is a very long time— especially when a slew of elections are around the corner. And politicians will do anything for votes.
New York Shitty analysis:
1. Contrary to what this individual alleges, I do NOT want to see people thrown out on the street.
2. Rather, I (and I suspect a lot of folks who read this site) would have preferred to see this nipped in the proverbial bud. But it wasn’t.
3. Numerous complaints were filed about what was happening at 239 Banker Street and (other) Community Board members have brought it to the table both via correspondence and during public meetings. All to no avail.
4. This leads me to no other conclusion than other, higher forces are at work here. Not that I’m pointing fingers, mind you.
I’m not.
What this seemingly well-intentioned individual fails to comprehend is there is a flip-side to her “organizing”. Namely, that while protecting the interests of these tenants she is also basically enabling the landlord to go about “business as usual” (as clearly illustrated by the images gracing the beginning of this post).
Be it violating a Stop Work Order— repeatedly, dumping bricks into some neighbor’s backyard (and in so doing, destroying his barbecue grill) or real estate agents (acting on the behalf of the landlord/”management”, apparently) luring in more “victims” (her words, not mine) into leasing apartments in this quite illegal space. “Victims” who (apparently) need her assistance so as to become empowered.
Am I the only person who thinks this is total and utter bullshit? As a friend of mine recently opined:
Nothing refreshes disillusionment quite like ethics (or in this case, the law — Ed. Note) unequally applied.
Consider yours truly “refreshed”.
No amount of pointing out how utterly absurd this situation has become is going to change the fact the landlord(s) at this property have basically done whatever they wanted— for years— and have for all intents and purposes suffered no consequences for their actions.
I suppose I should simply drink the Kool Aid and see the glass half full:
Our public officials and municipal agencies charged with upholding the law and serving in the public’s interest did not fail. Rather, 239 Banker Street was (is) a stellar example of community organizing in north Brooklyn.
*Formerly known as Neighbors Allied Against Garbage.
New York Shitty Day Starter: Today’s Selections On Craigslist
Everyone needs a hobby during the dog days of summer.
I have decided featuring a few of (the manifold number of) advertisements on Craigslist for the former “Sweater Factory Lofts” in this site will be mine.
As you can see there are quite a few of them.
Hmm…
Quicklinks: 239 Banker Street Sold?
If Brownstoner and Curbed are to be believed, this is the case. Per the latter:
The latest development at perpetual Greenpoint headscratcher the Sweater Factory Lofts has us, if possible, even more puzzled. The building just changed hands for $9.1 million, according to a deed that hit public record this morning. The buyer is an LLC, so we don’t know anything about who has plans for this building or what those plans might be. But the building’s long and slightly sordid history means our mind is slightly boggled by that sale price.
Brownstoner notes that the LLC in question is “JL Take Two LLC” and goes on to add it is unclear whether or not the new owner is a developer. In regards to this a commenter on Curbed tenders an interesting analysis:
Read the court case Lebedowicz v Meserole Factory LLC. JL had a mezz loan on the property above the $8m first mortgage. Probably either just got foreclosure or deed in lieu. Mezz lender foreclosure would explain the low price on the deed. It wasnt an arms length sale.
This keeps getting more and more interesting folks…
UPDATE: Here’s some more analysis from someone “in the know”!
You no doubt saw that this sold – if you haven’t already, you’ll want to spend your morning on ACRIS: http://a836-acris.nyc.gov/Scripts/DocSearch.dll/BBLResult (block 2593, lot 1)
I don’t have time to get into too much detail, but the transactions there are interesting.
JL Take Two is owned by Jerry and Lucy Lebedowicz, and they bought the property for $9.1 million from Meserole Factory LLC (the only name I could find was Israel Perlmutter, but I’m not sure if he is associated with the seller). Jerry & Lucy appear to hold the mezzanine debt on the property, which $3.5 million and dates to November 2005.
Separate from the sale, there is a four-year lease from Jerry and Lucy to Northside Lofts, LLC (390 Berry Street, Joseph Brunner is the manager of the LLC). Northside Lofts seems to have an option to purchase, but I can’t see any details.
Separately, an entity named Lex Debt LLC has a four-year option to purchase the property from Jerry and Lucy. That option is for $9.679 million if it is exercised today, and there is an escalator clause of $22k per month for the first 36 months and $42.5k per month for the last 12 months. So if they wait until the end of the option period, the price goes up by $1.3 million. The only name I can find associated with Lex Debt LLC is Israel Worch (not sure the spelling of the last name, it was scrawled). The address for Lex is a PO box in 11230 zip code.
So – Jerry and Lucy of Flushing hold a big chunk of debt on the building, and now they own the building outright. But Northside Lofts is the tenant of the whole thing, and a third party has an option to buy the property, with incentives to buy sooner rather than later.
I think I have that all correct…
Curbed: Someone Just Bought Greenpoint’s Sweater Factory Lofts
Brownstoner: Greenpoint’s Sweater Factory Lofts on Banker St Sells
New York Shitty Day Ender: If At First You Do Not Succeed…
Our City Councilman writes to yours truly on April 11, 2012 (regarding this post):
…The Loft Law was designed to protect residential tenants who, knowingly or unknowingly, moved into manufacturing or commercial spaces and it may grant rights for tenants to save and stabilize their housing and avoid the excessive costs associated with being vacated. With regard to 239 Banker Street, I cannot say whether they will be covered by the Loft Law. However, when the building was vacated in 2009, many tenants suddenly lost their living spaces as well as thousands of dollars in rent and security deposits. I do not want to see a repeat of that event. I will work to ensure that all building code issues at 239 Banker are addressed, but I hope to avoid seeing another vacate order if possible…
Cityslicker24 writes on April 8, 2012:
…Furthermore, an application for legalization under the NYC loft law is pending, and indeed the building has undergone modernization, including new windows, floors, and fire sprinklers installed throughout each unit. I was in the units two days ago and saw that there have been significant projects intended to make the building appropriate for dwelling use…
hav writes on March 29, 2012:
non-surprisingly someone decided to complain to the DOB which ordered the building to vacate yesterday. As of today there are some interesting developments but nothing solidified yet. It is however looking like the building has a strong possibility of getting covered by the NYC Loft Law which will protect tenants from being vacated…
Given that 239 Banker has— at long last— overcome their recent brush with vandalism, the above-listed comments; and Mr. Levin’s apparent confusion as to whether or not this rather notorious edifice qualifies for Loft Law protection, I decided to do a little research. First, I perused the Loft Law proper. Then I proceeded to parse through each and every post I have authored about 239 Banker Street. You see, unlike our City Councilman, I actually lived here when this shit show started.
My conclusion is as follows: I can assure cityslicker24, hav and Mr. Levin that 239 Banker Street is in no way, no HOW entitled to Loft Law protection. And the best reason of all can be found on the New York City Loft Board’s own web site:
In June of 2010, the State Legislature expanded the Loft Law to include tenants who lives in a commercial or manufacturing building where three or more families have lived independently from one another for 12 consecutive months from 1/1/08 through 12/21/09, in a building that lacks a residential certificate of occupancy.
So let’s review a (somewhat) concise timeline of 239 Banker Street with the previous data in mind, shall we?
1. For starters, the permit approving the conversion of 239 Banker Street into a “hotel” (as seen at left) was not granted until July 30, 2008. This expired on July 30, 2009 and was not renewed until December 11, 2009.
2. Advertisements shilling apartments at 239 Banker Street were noticed on Craigslist May 28, 2009 (as seen below). In fact, there was a website created for the sole purpose of marketing “The Sweater Factory Lofts”. Alas, this is long gone, but you can view screencaps by clicking here.
3. Individuals were spied moving into 239 Banker Street May 31, 2009 and June 2, 2009. Following me so far? Great!
4. A Stop Work Order was issued shortly thereafter. This was (naturally) disregarded. So complaints were filed July 31, 2009.
5. The Department of Buildings actually saw fit to cite 239 Banker Street for violating a Stop Work Order (at right, which you can view in larger format by clicking here). This came to pass September 8, 2009.
6. And last— but hardly least— the Department of Buildings issued a Vacate Order citing “conditions imminently perilous to life” on September 29, 2009. Among their dismal discoveries were disabled/concealed sprinkler heads and uncapped electrical wires.*
Follows is ABC’s footage of this death trap. Seeing is truly believing folks!
Post-script: as of December 28, 2010 this Vacate Order was still in place.
Let’s review:
- The Loft Law requires that three or more families reside in a commercial or manufacturing building for twelve consecutive months between January 2008 and December 2009.
- 239 Banker Street did not have tenants— much less three families living independently of each other— until at least May 31, 2009.
- 239 Banker Street was vacated by the Department of Buildings September 24, 2009.
- This makes five months total— not even close to what the law requires.
So why file such a spurious application in the first place? Well, as one commenter noted recently:
they can apply for loft law status, but they will have an almost impossible task of getting coverage. The problem is that once they apply and receive a docket number they are actually protected from any action from DOB, which actually sucks because there is a 2-3 year back up to hear the case with the loft board. So while they will almost certainly lose the hearing they will keep moving people into the space who will get evicted in 2 or 3 years at best…
Unless of course in the meantime someone changes the law**:
Assemblymember Vito Lopez told more than 200 tenants gathered at a meeting last night on his 2010 law protecting their right to live in former industrial spaces that he is their best ally — and suggested that Congresswoman Nydia Velazquez is the one they should throw out of office this year.
“[Councilmember Diana] Reyna and Velazquez wanted the area carved out of the law,” said Lopez, who also heads the Brooklyn Democratic Party, referring to the industrial zone bridging Williamsburg and Bushwick that lies within his district. “They really don’t like you. This was Velazquez’s way of saying you don’t matter.”
Velazquez faces a primary challenge this June from term-limited Councilmember Erik Dilan, a close ally of Lopez who sat at his side onstage at the event. Flanking Lopez on the other side was
WilliamsburgGREENPOINT Councilmember Stephen Levin, who formerly served as Lopez’ chief of staff…
*Which, it is interesting to note, netted them a paltry $25,000 fine. Not they they have bothered to pay it or the litany of other penalties they have accrued. They haven’t.
**You do not honestly believe Mr. Lopez and Mr. Levin are pushing for an expansion of the Loft Law out of the kindness of their own hearts, gentle readers? No sir. Rather, this is simply an expedient means to use voters so as to rezone by decree and reward landlords/political backers who have no regard for zoning laws— or their tenant’s safety. Landlords like Meserole Factory, LLC.
From The New York Shitty Inbox: And Now A Word From Our City Councilman
It would appear, at long last, my coverage of 239 Banker Street (which is clearly being followed by real estate notables such as Brownstoner and Curbed, real estate agents and ostensible tenants of said space) has gotten the attention of our City Councilman! Steve Levin writes:
Heather,
I have noticed your posts and am glad you continue to bring light to the issue of lofts in Greenpoint and Williamsburg. The Loft Law was designed to protect residential tenants who, knowingly or unknowingly, moved into manufacturing or commercial spaces and it may grant rights for tenants to save and stabilize their housing and avoid the excessive costs associated with being vacated. With regard to 239 Banker Street, I cannot say whether they will be covered by the Loft Law. However, when the building was vacated in 2009, many tenants suddenly lost their living spaces as well as thousands of dollars in rent and security deposits. I do not want to see a repeat of that event. I will work to ensure that all building code issues at 239 Banker are addressed, but I hope to avoid seeing another vacate order if possible. All I can do is try to spread the word about the Loft Law so that tenants in such spaces can apply for coverage that they may be legally entitled to. Of course, the Loft Board will make final determinations about each application individually.
Sincerely yours,
Stephen Levin
Councilmember
To wit I replied (sans visual aides):
Hey,
First off I appreciate the email— and I agree that the loft law (which is much-needed) may or may not applicable in this case. What really upsets me is we are for all intents and purposes seeing the exact same situation (as 2009) play itself out again, e.g.; a commercial building—without the applicable permits I’ll add— is being converted into residential space, this space is being willfully and deliberately marketed/presented as residential space;
people are moving in under the illusion it is legally inhabitable space, etc.
This would suggest that lessons were not learned (bye it by the owner of this property, our enforcement agencies, etc.) the first time around and/or whatever consequences borne by the owner of this space were not a sufficient deterrent from engaging in this (illegal) behavior again. Or to put it differently: the “system” we have in place is not working. I have a very big problem with this. What is the point of having laws on the books, agencies deemed with the enforcement of said laws and due process if they can be bypassed, quite flagrantly I’ll note, in such a manner?
Do I want to see people thrown out on the street again? No, not really. But I am also getting very tired of this building’s owners total disregard for the law— and the fact they have been basically enabled by the upholders of said laws to do so. No matter how you cut it, this is appalling. They tried via the Department of Buildings to have this space reclassified as residential. It was refused.
They could (theoretically) go through our Community Board and get a zoning variance— but have seen fit not to do so. Why should they? There are for all intents and purposes no consequences for their actions, thus they do whatever they want.
I would also be remiss if I didn’t add in closing that real estate agents are seemingly eager participants in this fraud. Each and every one of them (in my opinion) should be reported to the Department of State and have their licenses revoked.
Thanks again!
H
With all due respect, what seems to be lost by our City Councilman is he can, in fact, stop another “repeat” of this event. By simply asking the Department of Buildings to do its job. Months ago.
Photo Credits: All taken today, April 11, 2012, by yours truly.
The Word On The Street: Green Point Beach
Filed under: 11222, Greenpoint, Greenpoint Brooklyn, Greenpoint Magic, The Word On The Street
This rather amusing bit of vandalism hails from 239 Banker Street; AKA: the Sweater Factory Lofts. And if what I saw this afternoon is any indication this building is— beyond any shadow of a doubt— being quite illegally pressed into service as residential space. Let’s review my findings, shall we?
For starters, you have a very residential throw pillow propping open a window and this rather stylish lamp. Not convinced yet? No worries, gentle readers. I am just getting warmed up.
There were not one— but two people— waiting to view apartments therein. Naturally I took it upon myself to give them a very general run-down of the history of this building. E.g.: it was not legally permissible to reside at 239 Banker Street (by virtue of it being located in an Industrial Business Zone); it had been pressed into service as residential space previously; and this ended with a Vacate Order as issued by the Department of Buildings— and a class action suit filed by a number of tenants (who are, to my understanding, still waiting to get their deposit money back). Were they happy to hear this? No, they were not.
Just as I was not happy to watch this couple (tenants, presumably) exiting said building…
and this family moving their son into it. Naturally I took a moment to speak with them. They, as did everyone else I chatted with on Banker Street this afternoon, had a number of questions for me. Follows are a few:
- Our lawyer saw nothing wrong with the paperwork, so what makes you think this building is illegal to live in? My answer: check my site.
- If this building is illegal to live in, why are they leasing it as residential space? My answer: Excellent question. (But if I had to hazard to guess, I’d say greed.)
- If the Department of Buildings has been alerted that this space is being illegally leased as residential space, why aren’t they doing anything about it? My answer (once again): Excellent question…
This is a disgrace, folks…
Now At 39 Meserole Avenue: The Factory Building
Yes gentle readers, it would appear the place formerly known as the Sweater Factory Lofts is not only continuing its brave endeavor to press a transient hotel into service as residential space, but now it has a new address, new name and these will set you back an additional $700.00 plus a month! The newly christened Factory Lofts listing on Street Easy (as seen above) can be perused by clicking here. Please do take a moment to give this a read. Follows is a sample of the ad copy which awaits your delectation:
The lofts at The FACTORY BUILDING are made for unique individuals. Each loft apartment remains different, and there are endless opportunities to divide, reimagine and design your own personal space. Yes, we’ve thrown in new amenities to make sure that you’re living in modern comfort, but how you decide to live is up to you. These are raw, chic spaces ready for you to make your mark.
Another huge perk of The FACTORY BUILDING lofts is the preservation of old windows from when the building was a factory. Come for a viewing on a bright day. Sunlight pours through the windows and adds a wonderful aura to the spaces. We’ve reinsulated and reinstalled all apartment fixtures, so you get old world ambiance with new improvements.
These words struck me as being eerily familiar. After a little research I discovered why:
It is the same exact ad copy used to pitch the Sweater Factory Lofts in 2009! And of course we all know what came of “old world ambiance meets new improvements” that time around…
From The New York Shitty Inbox: Apartments For Rent At 239 Banker?
An anonymous tipster writes:
Hello Heather,
I’ve been apartment hunting in Greenpoint and responded to this Craigslist ad about a “newly converted warehouse”:
http://newyork.craigslist.org/brk/abo/2786376022.html
The agent set up a showing with me today, and told me to meet her at the corner of Meserole and Franklin. When I arrived, she was 10 minutes late, so I called her phone and she told me to come meet her outside of 239 Banker.
Well I know quite a bit about 239 Banker, thanks to your blog. And I couldn’t resist going in and having a look-see.
I asked the agent whether this is the same building where all the tenants were forced out because the building was unsafe/illegal. She tried dodging the question at first but eventually conceded that it was in fact the same building. I then asked her if the building was still owned by the same guy, and whether it was up to code/legal. She assured me it was and that he had fixed all of those issues.
She showed me a number of units on the 4th floor, all priced between $3000 for a moderately-sized studio loft up to $3300 for a larger loft, and apparently all prices are negotiable. In fact when I told her I’d looked at a different loft building on Kent (59 Kent), she pressed me for details on how much they were charging for units there.
I’d say the units seem semi-habitable. Some looked as though they’d recently been spruced up, most did not yet have any appliances, and the laundry rooms did not have any machines in them. One unit still had evidence of the old tenants- a makeshift lofted space still intact, and some artwork left sitting above the kitchen cabinets.
One unit I looked at literally had a hole in the brick wall about the size of a baseball that went straight through to the outdoors. I joked that perhaps there were squirrels living in the unit. The agent did not seem amused.
Many of the floors showed signs of water/environmental damage. They were uneven in many units, and peeling up in others. It’s actually quite sad, because the space could be very nice. The original details are great, and the square footage of the units are pretty well-sized.
Anyways, I thought I’d let you know because I’m VERY curious to know if 239 Banker is legally habitable. Regardless, I won’t be renting there given the history of the building.
To address Anonymous’s question, the answer is an emphatic NO.
239 Banker Street is located in an Industrial Business Zone. Curiously enough, hotels are permissible in such areas (take the proliferation of such establishments on the Northside, for example). Residential property, however, is not. The owners of 239 Banker Street could seek a zoning variance through our local Community Board to make this arrangement legal. (They haven’t.) They can also file paperwork with the Department of Buildings to “convert” this manufacturing property into residential. This they tried…
and it was declined. Inasmuch as I can ascertain work has been conducted on this property without the auspices of any applicable permits whatsoever. Peruse the permits on file and see for yourself. This just goes to show if something strikes you as being amiss about an apartment you are viewing, gentle readers, it is best to go with those instincts (and consult the Department of Buildings’s Building Information System).
Caveat emptor, apartment shoppers.
UPDATE, January 9, 2012: It would appear this tome has come to the attention of a former resident. Here’s what he/she has to say:
Hilarious! Those pictures (well, two of them) are of my former pad pre-vacate order.
Classy.
UPDATE, January 9, 2012; 5:40 p.m.: A tipster found these units listed on Street Easy.
He/she writes:
FYI
All units are up on street easy as available. I started a discussion at the bottom. Good looking out.
While this is clearly a listing from the previous owner, it is informative nonetheless. In 2009 these “units” went for $2,100 plus. Three years later you can have the luxury of living in this illegal apartment building at the starting price of $3,000 a month! Nice.
P.S.: In the event the above-mentioned apartment advertisement is removed by Craigslist, you can view a screencap of it by clicking here. Do give it a read. Your truly’s favorite passage is as follows:
Several units to choose from at this point! Some are complete 2 or 3 bedrooms while other are beautiful open spaces.
One has to admire this rather artful spin on an illegal (and unfinished) apartment building. And yes, there are plenty of units to choose from after a building has been, say, vacated by the Department of Buildings for conditions imminently perilous to human life. Genius!
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