"100% Affordable" 38 Sixth sued by NYC Housing (over hot water, settled), then by Tenants' Association, citing security issues, roaches, and more. Trial tomorrow.
Troubles persist at 38 Sixth Ave. (B3 of Atlantic Yards/Pacific Park), where both tenants and the city's Department of Housing Preservation and Development (HPD) have sued the landlord, Avanath Capital, over conditions in the building, some of which still pose hazards, according to the tenants.
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| Photo: Norman Oder |
Remember, City Limits on July 24 published my article Despite
New Owner’s Promised Upgrades, ‘100% Affordable’ Atlantic Yards
Building Endures Hot Water Outages, Broken Door, Even Bees.
The petition, filed Sept. 10, from the 38 6th Avenue Tenants Association' (TA), cites "serious building-wide conditions," including "a front door that does not lock, a roach infestation, and repeated boiler outages that deprive tenants of hot water for hours and days at a time." It also cites a broken intercom system.
Since then, building conditions have been in flux. Regarding the hot water, which had been inadequate for years, HPD last found a violation July 8, though tenants have filed intermittent complaints in October and November.
The roach issue persists, with HPD last finding a violation Dec. 10, one of 20 violations found since August, with far more complaints filed.
(One resident, who has since moved out, posted a Google review lamenting that she'd spent over $1,000 on private exterminators, pest control supplies, and contractors to seal/caulk my entire apartment… and I am still battling an active roach infestation.")
'The situation regarding the front door remains highly contested, with tenants expressing alarm at what they said was precipitous closing without distribution of key fobs, leaving some residents stranded outside. That likely will be aired in court tomorrow.
Landlord statement, hot water issues
Avanath has not formally responded to the lawsuit, beyond agreeing to an Oct. 31 stipulation regarding the distribution of key fobs to tenants, so last Thursday I queried Avanath's public relations firm for its response to the lawsuit's central claims.
Yesterday, I was provided a response from Malcolm Wagner, Community Manager, 38 Sixth Avenue (whose last day on the job was Friday, Dec. 13). The first of two paragraphs stated:
38 Sixth Ave. is wholly devoted to our residents and we work in their best interest on all fronts. The property’s utilities are fully functioning with hot water. This has been verified on several occasions, including by EMCOR on July 30, 2024 and by the NYC Department of Housing Preservation and Development on October 22, 2024.
HPD's July lawsuit cited violations for failure to provide hot water on seven dates in April, May, and June. As noted above, the last violation was in July.
In a legal response,
Avanath either denied the allegations or said violations, if any, had
already been corrected. In a Consent Order filed
Sept. 25, the civil penalties claim was settled for $3,000.
Landlord statement: roaches
Avanath said the following about the roach issue:
In addition, all residents have access to property pest prevention service appointments, including sealing and dusting. We take great pride in our property and its clean, safe atmosphere.Tenants have filed 36 complaints about roaches since Oct. 1 and, as noted, HPD found a violation last week. Tenants remain outraged, as noted below.
Landlord statement: front door and key fobs
Avanath stated, regarding the front door:
Because we thoughtfully consider all resident requests, we completed installation of a key fob system on October 17, 2024 to ensure front door locking remains especially secure. Key fobs have been made available to all residents.
I sent the Tenants' Association's Dec. 12 tweet, which stated Avanath "today locked the 3-yr broken front door unexpectedly and children are being locked in the cold," to the company's p.r. representative, but have not yet gotten a response.
Lawsuit overview
The TA, along with 25 individual plaintiffs sued Avanath B3 LLC et al. on Sept. 10, represented by TakeRoot Justice, which has been advising the tenants. HPD is listed as a co-respondent, since it's charged with enforcing housing standards.
The lawsuit asks the court to require the landlord fix the underlying conditions, and to impose civil penalties, as well as any other sanctions. (Two plaintiffs have since left the case.)
As part of the stipulation, Avanath agreed to provide fobs to each household member 13 years or older and agreed to create a process by which tenants could provide an updated list of current household members. That process has been in dispute.
Growing tensions
In October, management ceased monthly meetings with the TA, offering a ten-minute slot at the beginning of management meetings with tenants at large, which the TA considers inadequate.
On Nov. 25, the TA wrote management about “urgent tenant concerns,"including issues with intruders and the need for two staff members at the concierge desk, inadequate maintenance of laundry machines, and a "severe roach infestation” on the fifth floor, with other areas affected.
The message also cited tenants reporting discrepancies in their lease balances, causing unnecessary confusion and stress, and others without copies of their current leases
Avanath response
Two days later, on Nov. 27, Community Manager Wagner was cordial but unbending. He said that key fobs were available 24/7 for pickup, and multiple efforts had been made to communicate with tenants.
As to staffing, he stated, “We are fully staffed, though we do occasionally employ temporary workers when necessary.”
Regarding the laundry machines, an assessment by contractor Hercules “found that most of the reported issues were related to user error,” he wrote, but management is planning to replace the current machines in the first quarter of 2025.
That seems an acknowledgement that the machines are inadequate.
Regarding roaches, Wagner said they’d increased the service frequency of pest control efforts, diminishing requests and, while “there is no infestation… certain apartments have specific needs that management is addressing”
As to lease issues, Avanath “has been diligent in reviewing and cleaning tenant ledgers. Earlier this year, we completed large write-offs, eliminating uncollectible balances,” he wrote. The firm is continuing to have staff working on weekends to address lingering issues.
Tenants respond
On Dec. 5, the TA posted on Twitter/X that Avanath was “coincidentally changing their management team right before trial date on 12/17 for lawsuit against Avanath for lack of hot water, roaches (still here), and front door not being locked (which it still is not). Trying to avoid accountability again!”
It’s unclear if that latter statement applies in this case, but Avanath has had significant turnover among its Community Managers, and in some cases current staffers have blamed now-departed staff for problems in the building.
In an email to Avanath on Dec. 6, the TA pushed back on Wagner's previous message, saying tenants had reported difficulties in obtaining fobs and that the stated Nov. 27 deadline to lock the front door was missed, with no announced timeline.
Few tenants, the TA said, have seen repairs made to restore video functions on their intercoms. Laundry machines, the TA said, were still unclean, and the pest issue has not improved.
More tension
After the building's front door was locked on Dec. 12, the TA told management that the action was taken without “prior notice or the completion of electronic key distribution to all residents,” creating “an unsafe and untenable situation for tenants."
In a message today, the TA warned that Avanath had not communicated with tenants about the front door, which continues to malfunction,"and that intercoms remained unreliable.
The TA asked for a timeline regarding the broken laundry machines and escalation regarding the roaches. It also said lease issues were unresolved.
Presumably some if not all of these issues will be aired in court.
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