So, how many former footprint renters are returning in new towers? Forest City won't say (though 2012 article predicted 17)
And Forest City won't say, though a Daily News in November 2012 reported that 17 former tenants had taken the deal, and were expected to move into the first tower, 461 Dean. (Also see WNYC coverage.) Of course, that building was expected to be completed in two years, not four.
I can speculate on the reasons why either significant consistency or inconsistency with previous pledges might be awkward for Forest City, which is the sole owner of 461 Dean. (The rest of the project, outside the arena, is being developed by the joint venture Greenland Forest City Partners.)
(Keep in mind that the number was a fraction of the number of total; the Daily News reported that "209 renters living in the area were offered the relocation agreement or a cash payment averaging $85,000, according to an FCR official."Also note that the cash payment, for some, had to make up for the loss of rent-regulated housing, typically well below market, as well as repairs some made on their properties and the disruption of construction outside their homes.)
|From Atlantic Yards CBA|
Either way, it's the kind of thing that that an Independent Compliance Monitor, required by the project's Community Benefits Agreement (CBA) but never hired, would report on.
According to the 2005 CBA, as shown in the graphic at right, current residential tenants with at least one year's tenure were pledged "reasonably comparable living space in a new unit within the Project, at their then current rent and a reasonable relocation allowance."
|From SBLS comments|
SBLS warned that, given the scope of the development and the estimate that the project's first phase wouldn't be done until 2010, "it seems probably" that the agreements would expire.
The sponsors have also agreed to pay the difference, if any, in rent between the tenant's current rent and the rent for the comparable interim unit until such time as the tenant is relocated into a new unit in the proposed development. This agreement would terminate only if the project were abandoned or the tenant breached its obligations.