Judge Pauley ruled that NYCHA can exclude RAD/PACT residents from protections offered by the Revised Consent Decree in the Baez class action mold case

SDNY Judge William Pauley III ruled that the de Blasio administration can deny Baez case mold “protections” to NYCHA RAD PACT public housing residents receiving Section 8 Tenant Protection Vouchers

In a long, overdue ruling, U.S. District Court Jude William Pauley III issued an opinion, claiming that the administration of Mayor Bill de Blasio (WFP-New York City) could exclude residents of New York City Housing Authority from receiving the benefits of the Revised Consent Decree in the Baez class action mold abatement case. The decree would have conferred benefits to mold abatement, like the removal of excess moisture, plumbing repairs, and roof fan replacements. As a consequence of the Court’s opinion, those benefits would be denied to public housing residents transferred to the private sector under the mayor’s privatisation schemes. The ruling represented an immediate win for Mayor de Blasio, who has long sought to end the New Deal promise of public housing by privatising City real property and by abandoning all obligations to public housing residents. Judge Pauley’s ruling provided that, should the parties fail to propose a new Consent Decree, they should be prepared to litigate the issue in Court.

The privatisation schemes, known as Rental Assistance Demonstration, or RAD, and Permanent Affordability Commitment Together, or PACT, transfer strategic public assets to private sector landlords, who siphon off rent monies formerly kept in the public sector of the U.S. economy that then get treated as profits kept by the private sector.

Former NYCHA Interim CEO and current 2021 Democratic Party mayoral primary candidate Kathryn Garcia described RAD/PACT to the New York City Congressional delegation in 2019 as offering public housing residents with “tenant protection vouchers,” according to a social media post of that time then. However, Judge Pauley’s ruling essentially admitted that residents of RAD/PACT-converted public housing developments will receive no protections under the Revised Consent Decree in the Baez class action mold abatement case. Members of Fight For NYCHA have accused former NYCHA Interim CEO Garcia, Mayor de Blasio, and current NYCHA CEO Greg Russ, and their enablers, such as Lucy Newman of the Legal Aid Society, of lying to residents when they claimed that residents’ rights would be “protected” under RAD/PACT.

Public housing residents face gross injustices as a consequence of RAD/PACT conversions. A core member of Fight For NYCHA published an editorial in the New York Daily News just last week, revealing many problems with Mayor de Blasio’s implementation of RAD/PACT. In motion practise, NYCHA admitted that they planned to end all obligations to public housing residents under their privatisation schemes. Next up would include residents of Fulton Houses and Elliott-Chelsea Houses, who surrendered to RAD/PACT conversion after resident leaders there splintered off from Fight For NYCHA and were recruited by unscrupulous political groups loyal to Mayor de Blasio.

In response to the onslaught of privatisation facing public housing in New York City, many politicians have continued to “green-wash” the dangers facing NYCHA public housing residents. Rather than focus on the economic and eviction risks from RAD/PACT conversions, politicians and their supporters, such as 2021 Democratic Party mayoral primary candidate Andrew Yang, have focused on making public housing apartment buildings more energy efficient or expanding composting facilities. This refocusing has deliberately obfuscated how Mayor de Blasio’s use of RAD/PACT put public housing residents in jeopardy of losing their housing. A significant number o the first residents to face RAD/PACT conversion at Ocean Bay Apartments in Far Rockaway, Queens, faced eviction.

The “green-washing” of NYCHA arguably began with U.S. Rep. Alexandria Ocasio-Cortez (WFP-NY 14), who blamed global warming on NYCHA public housing residents, even though for decades they have not received adequate heat or hot water during winter months and suffer from routine electrical brown-outs and suspended elevator service.

On the same day as Judge Pauley revealed that NYCHA’s Tenant Protection Vouchers offer no tenant protections, the NYPD deployed a robot dog to a public housing development converted under RAD/PACT.

Even as Judge Pauley admitted in his latest ruling in the Baez class action mold case, that Mayor Bill de Blasio’s promise of providing “Tenant Protection Vouchers” offered RAD/PACT residents no actual protections, the NYPD responded to 344 East 28th Street, a public housing apartment building that was part of the 2020 RAD/PACT Manhattan Bundle, with military grade equipment, including its controversial dystopian “robot dog.”

Robot Dog NYC NYCHA 2021 Black Mirror Becoming Reality

The NYPD’s response to a reported domestic disturbance included the use of military grade equipment. Under the politics of neoliberalism in control of the Government, there’s money to militarise the police, but no money to fully-fund NYCHA.

Days after the president of the resident association at 344 East 28th Street published a daring editorial, denouncing Mayor de Blasio’s RAD/PACT privatisation scheme for NYCHA public housing, the NYPD deployed a controversial $75,000 robotic dog in response to a reported domestic disturbance. The NYPD response included the assembly of  officers from its Technical Assistance Response Unit, or TARU, which reportedly command drones and robotic equipment.

The politicians running the Government have rejected the “Defund the Police” social movement and have requested to boost U.S. military spending, but they have merely offered pennies on the dollar for the backlog of repairs crippling the Nation’s public housing stock.

After two years of activism, Fight For NYCHA have continued to pressure for full-funding of the estimated $32 billion in backlog capital repairs for NYCHA public housing, which would render any further RAD/PACT conversions as unnecessary. The value of the backlog of repairs facing NYCHA have never been the subject of a Federal audit by the U.S. Attorney’s Office.

U.S. Rep. Nydia Velázquez (D-NY 07) has offered legislation that would provide $70 billion to pay for backlog capital repairs to public housing nation-wide, yet President Joseph Biden (D) has only reportedly promised to include $40 billion in his infrastructure bill. Some politicians are now making public demands that the infrastructure bill must raise its public housing allocation to the amount of U.S. Rep. Velázquez’s bill.

Source Document

EDITORIAL : We’re Not Getting the Truth About NYCHA

“So many untruths have been spread by NYCHA and the mayor.”

Melanie Aucello, the president of the resident association at a public housing apartment building in Kips Bay, Manhattan, has published an editorial about her experience with Rental Assistance Demonstration (“RAD”) and Permanent Affordability Commitment Together (“PACT”).

It’s not a pretty picture.

RAD/PACT is a raw deal public housing residents can’t afford.

“Despite all the promises that RAD/PACT would be good for tenants, NYCHA forced on us new restrictive leases that had easier triggers for evictions and financial penalties for people with disabilities, such as higher electricity costs for charging wheelchairs.”

There are no guarantees with these public-private partnerships.

In her editorial, Ms. Aucello highlighted, amongst many issues, the fact that the media is not informing the public about the truth facing public housing residents. “Many in the press act as cheerleaders for RAD/PACT and another NYCHA plan known as the Blueprint,” Ms. Aucello wrote, adding that, “Combined, these plans will end public housing as we know it, and NYCHA has admitted in court that they plan to use these plans to abandon their obligations to residents.”

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Fight For NYCHA filed amicus curiae application in Baez class action mold case

Civil rights attorney Michael Sussman, applied to U.S. District Court Judge William Pauley III to accept Fight For NYCHA as amicus curiae in the Baez class action mold case.

After Plaintiffs in the Baez class action mold abatement case learned that the New York City Housing Authority, or NYCHA, planned on using the disposition of public housing under the controversial programmes as an excuse to abandon NYCHA’s obligations to provide habitable living conditions to residents, issues about the controversial conversion programmes, known as Rental Assistance Demonstration, or RAD, and Permanent Affordability Commitment Together, or PACT, came to the fore in the class action case.

However, the Parties to the case, as will as their counsel, were unable to answer many questions before U.S. District Court Judge William Pauley III during Oral Arguments over a motion filed by the Baez Plaintiffs to compel the application of the Revised Consent Decree in that case on public housing developments that NYCHA had converted under RAD/PACT. The motion papers also referenced the RAD/PACT conversion of the Manhattan Bundle, which included the public housing development located at 344 East 28th Street in Kips Bay, Manhattan. Plaintiffs’ and Defendant’s counsel attempted to speak to issues of RAD/PACT conversion, but the source of Federal rental assistance was not a selection factor in the Court’s certification of the class of residents represented by Plaintiffs’ counsel. Some members of Fight For NYCHA resident at 344 East 28th Street, and they were in the best position to offer critical information for the Court, but their interests were not properly represented during the motion practise before the Court, particularly since at least one member of Fight For NYCHA was a third party beneficiary of the Revised Consent Decree in Baez, which Defendant NYCHA was attempting to deny residents of RAD/PACT-converted housing.

The lack of adequate counsel to properly represent the interests of public housing residents following RAD/PACT conversions placed public housing residents in jeopardy, and that required the intervention of members of Fight For NYCHA, who were solely able to answer the Court’s questions about RAD/PACT. As a result, civil rights attorney Michael Sussman sought leave from the Court to submit a letter, providing information, answering questions that were before the Court, and promising further assistance with the Court’s permission.

The Parties in Baez complied with the Scheduling Order set by the Court to complete the submission of motion papers, and Fight For NYCHA’s letter, informally referred to as an amicus curiae, was submitted to the Court. The Parties await a decision by Judge Pauley III on Plaintiffs’ motion.

The amicus curiae was also seen as a required move by members of Fight For NYCHA, since many other groups which purport to be “NYCHA preservation groups,” like Movement School, refuse to challenge the privatisation of public housing by Mayor Bill de Blasio (D-NYC). That refusal has misled public housing residents into believing that Elected Officials are on their side. This disinformation has permitted politicians, like U.S. Rep. Alexandria Ocasio-Cortez (D-NY 14), who permits organising for Movement School out of her office like a nonprofit political arm, to exploit public housing residents out of political expediency. The political deception has been made worse by the attempts of some unscrupulous groups, like Justice For All Coälition, to offer low-impact methods, such as petitions, as viable forms of activism to save public housing, despite the urgency revealed in the Baez case, where facts were submitted to the Court that the de Blasio administration was acting to end all Section 9 public housing “soon” with dire implications for public housing residents.

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