Open Letter to Bushburg Properties

May 24, 2022

To Joseph Hoffman and Bushburg Properties,

As your former tenant I’m writing this open letter to describe the events that led to me losing my home, and to encourage you to treat your tenants better, both subsidized and market rate.

The ways you’ve chosen to do business have been documented repeatedly, most recently on the front page of The Daily News in late May this year.

I’m sharing my story in hopes that it will encourage constructive change. This seems all the more relevant given that your reason for targeting me seems to be solely in retaliation for my inquiries in the wake of a killing.

For context, Bushburg Properties is a developer/landlord claiming $2.5 billion of real estate assets across 30 properties, mostly in the Brooklyn area, though current expansion includes a 3,000-unit apartment complex in Jersey City.

I believe that your treatment of tenants shows a pattern of neglect, inequity, dishonesty, and retaliation that should be more broadly known. Prospective tenants, city agencies, communities in which you’re buying and building, and taxpayers whose money you receive should have a clear view of how you operate.

What Happened in Bed Stuy

I became your tenant in the fall of 2013 when I moved into 180 Bainbridge St., a 100-year-old former Catholic school in the heart of Bedford Stuyvesant. Many residents of the neighborhood attended school or taught there before it was decommissioned by the church and sat empty for about a decade. I was one of the first tenants to sign a lease after you bought and renovated the historical building. Your purchase and rehab of it was controversial even at the time, though neighbors were also happy to see the building no longer boarded up.

In 2015 you purchased an affordable housing complex just on the other side of Chauncey St. from the property where I lived. Fulton Park Plaza (also known as Fulton Houses or Jackie Robinson Houses) is an aging 287-unit subsidized housing complex that includes a Head Start program and a number of commercial storefronts that face the Utica A-train station.

The vast majority of the residents at Fulton Park Plaza are Black. There are individuals, families, and elderly tenants — some households have been there for several generations.

Fulton Park Plaza has changed ownership a number of times over the decades. When you bought it, one of your first moves was to promptly fire the unionized maintenance staff and replace it with a stripped down team.

Fulton Park Plaza is a New York State supervised affordable housing development and part of our city’s critical (and ever-dwindling) affordable housing stock. The units were originally constructed under the Mitchell-Lama Housing Program and Bushburg continues to reap the benefits of government-subsidized rents, mortgage services, and tax abatements. When you purchased the complex, you entered into a contract with the State to provide affordable apartments to qualifying tenants, supported by taxpayer dollars.

As the pandemic was hammering New York in 2020 and violence was rising across the city, there was yet another fatal shooting on the block. A young man, 22-year-old Shyhiem McLean, who had family in the complex, was exiting Fulton Park Plaza when he was shot and killed. It was a Thursday afternoon and I heard the gunshots as I stood in the book-lined library/common area of 180 Bainbridge St.

Following the murder, a community response began to build. Tenants of Fulton Park Plaza, local homeowners and renters, business owners, and community organizations started meeting to discuss what could be done to bring more safety and stability to the Stuyvesant Heights neighborhood. Many people raised questions about you, Bushburg, and your upkeep of Fulton Park Plaza as an issue of significant concern.

In late November 2020, I wrote a formal letter to the attention of your president, Joseph Hoffman, that 20 tenants in my building signed. It can be read here. In it, we state our concern for the safety and quality of life of our Fulton Park Plaza neighbors and the effects that the sub-par management of the building may be having on the neighborhood.

We point out that Congressman Hakeem Jeffries, then-Councilmember Robert Cornegy, and then-Borough President Eric Adams had all written you letters over the years urging you to improve your management of the complex.

In our letter we wrote:

“We have heard a consensus that living conditions at Fulton Park Plaza are unacceptable and show a pattern of neglect by management. Residents report dirty and foul-smelling hallways, broken elevators, rats, mold, and piled trash. They report a lack of security staff, broken or non-existent security cameras, open access to buildings that should be secured by a key system, and no protocols for signing into the buildings.”

We also point out that:

“These grim conditions are especially disturbing when compared to those here at 180 Bainbridge, right across the street, where you seem measurably more attentive to your tenants and infrastructure. The double standard is striking.”

Although we unambiguously asked for, at very least, acknowledgment you’d received the letter, we heard nothing back, even after repeated follow-up.

Members of your team, including Joseph Hoffman, did agree to a walkthrough of the two buildings so members of the community could see the relative conditions of the properties and ask you questions. Although I was not able to attend, my understanding is that Mr. Hoffman left early, saying he didn’t want to complete the walkthrough.

For the next year and onward, my fellow tenants and I continued to hear nothing from your office, despite ongoing problems with sanitation, maintenance, and security at Fulton Park Plaza. In an example I personally witnessed, an entry door on Chauncey St. was left with a broken key fob system and remained unlocked for multiple weeks, allowing anyone to freely enter. I know because I walked straight in when attending a tenant association meeting there.

During this time I personally heard a senior member of Housing and Community Renewal (HCR), the State agency responsible for supervision of these subsidized housing programs, describe the ongoing condition of Fulton Park Plaza as “absolutely unacceptable.”

Despite the chorus of requests and inquiries, to my knowledge, the Fulton Park Plaza tenants were informed of no plan for improvements or changes. The recent cover story in The Daily News has tenant accounts of landlord neglect and includes photos of mold and rodent feces in their homes.

Losing My Lease

I moved into 180 Bainbridge St. in November 2013, and for over eight years paid my rent on time via autopay, and never had any complaints against me. As my lease was expiring at the end of August 2021, you sent me a standard renewal, not even raising my rent ($1,910 for an approx. 450 sq. ft studio, the smallest unit in the building).

I replied with a hearty thank you, and said that I very much wanted to stay. First, however, I wanted to inquire if there was progress over at Fulton Park Plaza.

In my email I wrote:

“[…]I recently checked in with the tenant’s association at Fulton St. to ask about progress. The answer was clearly that no noticeable changes have taken place in security, sanitation, or otherwise.”

“I do love living in this building and the community of neighbors I’ve grown close to. However it hangs on my conscience that our neighbors across the street feel they are being mistreated, under-resourced, and their requests ignored. I’m sure that you want the goodwill and trust of your tenants, here in Bed Stuy and across your other properties, but when I speak to my neighbors they are sad and disappointed to hear about this ongoing situation, and the silence we’ve received on the issue. My hope is to continue living here, knowing that my landlords are being responsible (and at least legally compliant) with their tenants, regardless of race or income.” [email dated 8/1/21]

There was also a brief phone call, in which Elky from your team asked me “why do you care?” and “who are you working with?”

Then on 8/10/21, with 21 days remaining in the lease, you retracted the renewal.

You wrote:

“Due to the rejection of our most recent lease renewal offer, we are no longer offering you a renewal on your lease and confirming that you will vacate by the end of your current lease term, 8/31/2021.”

At no point did I reject the lease renewal offer. On the contrary, I clearly said I wanted to stay.

You then offered a one-month extension, but said that “any discussion will not result in a lease renewal, or any further lease extensions.”

You also ignored the legal requirement to give a 90-day notice when refusing to renew a lease.

I was greatly shocked by this, as were my neighbors when they heard about it. I reiterated that I wished to stay. I returned the signed lease by email. I even traveled to your offices, asking if we could discuss the situation in person, sure that there was a way forward. Dennis Davies, a Senior Property Manager from your team, told me I could only talk to Bushburg’s lawyers (Borah, Goldstein, Altschuler, Nahins & Goidel), and that there would be no further discussion. I asked if I could sit in the lobby and wait in case someone would come and speak with me. Eventually, Mr. Davies came back out and said “I’m asking you to leave.”

To me, this looked like a clear case of retaliation against tenant advocacy and organizing. However, 180 Bainbridge is a market-rate building and the law gives landlords the right to non-renewal if they want a tenant out. In an email you reminded me:

“The landlord is not required to offer a renewal lease or a justification on a market-rate/unregulated apartment.”

Until that moment I had never hired a lawyer nor gone to housing court (I’ve certainly never been involved in eviction proceedings), but I decided to stand my ground and fight to stay in my home. I got a lawyer from the firm Ween and Kozek, known for defending tenant rights, and I officially became a holdover case when my lease expired.

At the advice of my lawyer I continued trying to pay rent. First electronically (the payments were rejected) and then by check (one of my checks was cashed, the others returned or uncashed).

The Neighborhood Tried to Help

During this time, news spread of the situation and many friends and neighbors expressed their shock that you would treat a good tenant this way. I spoke with Chi Ossé and Stefanie Zinerman’s offices, and while these elected officials expressed concern, they did not offer a way to support or intervene, unfortunately.

Many of my fellow tenants wrote urgent and thoughtful emails to you about the situation. Here are a few excerpts:

Tenant:

“I was incredibly saddened to hear about your decision. Jacob is an integral member of our community and has created a positive and welcoming feeling throughout the building. He brings people together and has helped make 180 Bainbridge feel like home.”

Tenant:

“We’re writing to you after learning that Jacob Gordon’s lease is not being renewed despite his clear intent in renewing after your offer to renew. It is clear that you have chosen to deny his request because of his very reasonable inquiry/concerns around Bushburg’s management of our neighbors living at 1711 Fulton Street. We are appalled by Bushburg’s actions.”

Tenant:

“I have learned that you are not renewing the lease of our friend and neighbor, Jacob. That would be a mistake. He is our valued neighbor, involved in local politics and benevolent efforts in the community. He has a conscience and he wants to hold your company to a higher standard of ethics, hence his letter.

Bushburg already has a public perception problem. Many tenants share Jacob’s concerns about the 1711 Fulton situation[…]

If I was a landlord, someone like Jacob is just the kind of considerate and principled tenant I’d want. I would try to hire him as a community relations consultant, not kick him out.”

Tenant:

“I’ve gotten word that you’ve reversed the decision to renew Jacob’s lease here at 180. Was very sad to hear this as he’s been a shining light within the building.”

Former tenant:

“[…]it is unfortunate to hear that Bushburg is putting feelings before facts and pushing an upstanding community citizen, Jacob Gordon, out of the building. It is apparent this is because he has expressed concern over other human lives that Bushburg is taking a retaliatory approach and deciding to end his lease[…] I implore you to reconsider your stance, reverse your position, and be better to the community you are profiting from.”

The president of the Bainbridge Homeowners and Tenant Block Association, of which I was a member, wrote a letter asking you to reconsider.

“I hope Bushburg will renew his lease and he will continue to be a valued member of our block.”

Everyone wanted to know why you were kicking me out, and what you were doing to improve Fulton Park Plaza.

Mr. Davies phoned a number of the people who had written concerned emails, assuring them “our tenants are our highest priority” but offering no information about the non-renewal or Fulton Park Plaza.

The Patch news website wrote a thorough article in early September: Bed-Stuy Tenant Kicked Out For Speaking Up For Neighbors, He Says

Going to Court, Settling, and Sharing the Money

Needless to say, Bushburg’s reputation in the neighborhood was not going up as a result of these events. The holdover case proceeded for seven months, during which time I had no formal lease, and a considerable sense of insecurity.

Finally, with Bushburg insistent that I not be allowed to stay, both parties agreed to settle. The terms of the settlement were that you would waive six unpaid months of rent, and that I would move out on April 1, 2022 (and if I didn’t you’d have the right to evict me immediately). I moved out on the appointed date (and was grateful to get my security deposit back).

For transparency on the math: the waived rent was worth $11,460 and I paid $4,480 in legal fees.

That leaves just under $7000 I would have otherwise paid in rent. I‘ll be donating half of this ($3,500) to a number of non-profits and neighborhood improvement efforts in the area of the two properties in question.

I loved the community of tenants in 180 Bainbridge, and I loved the social fabric of the neighborhood. I’m grateful to everyone who supported me in this episode, and if I’m being paid to leave, it seems only right to share some of the money with the community.

[Update 5/26/22] The $3,500 has now been distributed, donating $500 to each of the following:

• Community Parents Inc. — Provides preschool Head Start programming and has a facility within the Fulton Park Plaza complex.
• HQ Tennis — Offers free youth tennis lessons at Jackie Robinson Park Playground.
• Bailey’s Café —Intergenerational community arts center that has been very supportive of the Fulton Park Plaza residents.
• The 180 Bainbridge St. Tenant Group — An association representing the tenants of the apartment building.
• The B.R.O. Experience Foundation — A Brooklyn non-profit specializing in social-emotional education for young men of color.
• Brooklyn Movement Center — A Black-led organization serving Bed Stuy and Crown Heights that has been supportive of tenant organizing in our area.
• The ‘Creating a Greener Bed Stuy’ Crowdfund — A local campaign to bring greenery to the neighborhood and educate youth in urban gardening.

Are We Seeing Progress?

Regrettably, it sounds like things have only gotten rockier since I left. Tenants of 180 Bainbridge St. are facing unconscionable rent increases at re-signing, upwards of $800 more per month. Recently, a group of tenants asked for a simple bulletin board in the mailroom and management said no (claiming it was a liability issue — despite the ironic fact that there are bulletin boards in the lobbies of Fulton Park Plaza). You also seem to have started charging tenants for the use of their own amenities, like reserving the basement common area.

Meanwhile, your choice to stage “tenant appreciation” wine and cheese gatherings in the lobby of 180 Bainbridge seems a surreal response to tenants’ practical concerns about affordable rent and quality of life.

The Good Cause Eviction Bill

You are certainly not the only New York landlords to run business this way, and a bill currently in the New York State Legislature, known as the Good Cause Eviction bill, has been designed to help protect market-rate renters from lease non-renewals and high rent increases. I’m sure most landlords are not excited about the potential passage of the bill, but I believe it’s situations like this that have driven its popularity.

Your Business is People’s Homes

I’ve shared all this so that the events are documented in one place, and with hopes that it will encourage improvement. In addition to my negative experiences with Bushburg, I’ve also had positive ones, and I sincerely believe a more tenant-friendly approach is available to you. I believe it would actually be good for your business in general, and probably good for the satisfaction of your staff as well.

The pandemic has hit New York City so hard, and it’s still not over. I recognize that these have been hard times for landlords and developers as well as renters, and I’m sympathetic to the fact that your business must be facing great challenges. But what is real estate to you is home to the people you serve. I ask that you please take greater responsibility for the role you play in your tenants’ lives. You are the steward of the place they call home.

Sincerely,

Jacob Gordon