Podolsky Brothers
Call me a cynic, but lately every time I hear Mayor de
Blasio launch into his spiel about how there’s plenty of money in this
city/country/world but “it’s just in the wrong hands,” I can’t help but think
of the Podolsky brothers.
That would be Stuart and Jay, the offspring of Zenek
Podolsky. The father launched the family real-estate business with
crude-but-chilling simplicity: during the mid-1980s he paid a gang to use
intimidation and harassment tactics to clear out buildings under rent control
and rent stabilization so he could jack up rents.
When then-Manhattan District Attorney Robert Morgenthau
announced seven indictments of unscrupulous landlords in the fall of 1984,
including Stuart and Jay along with their father, he stated, “The planned
alternative for tenants who refused to move called for the conspirators to
bully, burglarize and menace those tenants and to ransack, burglarize and flood
their residences.”
Zenek Podolsky got off with a brief prison sentence, buying
leniency by handing over three Upper West Side buildings to the Coalition for
the Homeless and testifying against the former head of the Taxi and Limousine
Commissioner, Jay Turoff, about a scheme involving the sale of electronic taxi
meters.
Stuart and Jay Podolsky got off with virtually no jail time.
Andrew Rice, who reported on the Podolsky brothers’ operations early this
decade for New York Magazine, found that they stopped emptying buildings by
moving drug addicts, prostitutes and strong-arm men into vacant apartments to
make longtime tenants’ lives miserable in favor of operating buildings where
half the units offered shelter for the homeless under city contracts.
Ownership wasn’t in their names; they used shell companies
that listed their lawyer’s name and that of Alan Lapes, who managed the
properties for them. The New York Times, following up on a couple of Daily News
articles, reported earlier this month that the city began contracting with the
Podolsky companies for buildings for its cluster-site program for the homeless
in 2001—the final year of Mayor Rudy Giuliani’s administration. Over a
five-year period beginning in July 2013, the Department of Homeless Services
paid those companies $189 million for use of cluster-site apartments and
single-room occupancy buildings.
Mr. Rice in late 2013—as Mayor Michael Bloomberg was
wrapping up his third term in office—reported in New York magazine that the
Podolsky brothers did little to correct their properties’ serious deficiencies,
and took extra steps to cover their tracks by having their building managers
use fake names when speaking to tenants or DHS employees.
That would have seemed to be of interest to Bill de Blasio,
who at the time the article was published was getting ready to succeed Mr.
Bloomberg and had pledged to reform what he called the city’s “disastrous and
broken homelessness policy.”
His tenant-rights advocacy during his time as Public
Advocate was burnished by the fact that his office annually published a list of
the city’s worst landlords, adopting a tradition begun decades earlier by the
late Jack Newfield as an investigative reporter for the Village Voice.
Yet once he took office, the city continued doing business
with the Podolsky brothers. Mr. Rice had been told by DHS employees that the
Bloomberg administration worked with them because it needed beds and couldn’t
be that choosy about the suppliers. The need grew dramatically once Mr.
Bloomberg ended a policy of allowing the homeless to jump to the head of the
line for Federal Section 8 housing vouchers, which Patrick Markee of the
Coalition for the Homeless told New York was “literally the biggest policy
mistake of the Bloomberg administration” and a major factor in the explosion of
families who were homeless.
Yet nothing really changed once Mr. de Blasio took office,
other than his suddenly being the person forced to talk about the lack of
progress in dealing with a “disastrous and broken homelessness policy.”
And then on Jan. 10, during the same State of the City
address in which he lamented that there was too much money in the hands of the
wrong people, the Mayor signed an executive order establishing the Mayor’s
Office to Protect Tenants.
“The city’s worst landlords will have a new sheriff to
fear,” he declared. “When a landlord tries to push out a tenant by making their
home unlivable, a team of inspectors and law-enforcement agents will be on the
ground in time to stop it. We’ll use every tool we have: we’ll fine the
landlords, we’ll penalize the landlords. But if the fines and penalties don’t
cut it, we will seize their buildings and we will put them in the hands of a
community nonprofit that will treat tenants with the kind of respect that they
deserve.”
Ten days later, however, Michael Gartland reported in the
Daily News that the city’s plan to convert 500 cluster-site apartments in
Brooklyn and The Bronx into affordable housing hinged on acquiring 17 buildings
“controlled by the notorious Podolsky family.”
It stated that the Wall Street Journal had recently reported
the brothers were under investigation for possible tax evasion.
The story noted that the Mayor had returned a $4,950
political contribution from Alan Lapes—the property manager used by the
Podolsky brothers—but kept more than $10,000 in contributions bundled through
the late Robert Hess, who after serving as Mr. Bloomberg’s Homeless Services
Commissioner had formed a non-profit, Housing Solutions USA, that was tied to
the Podolsky’s.
In response to the story, the Mayor announced that the deal
was being placed on “pause.”
Less than two months later, however, Mr. Gartland reported
that the deal was nearing a conclusion. The biggest news was that the price-tag
for the purchase of the 17 buildings, initially reported to be between $40
million and $60 million, had zoomed to $173 million, with the city financing
the purchase and then having non-profit groups take over day-to-day management
of the properties.
Mr. Gartland quoted an anonymous city official who
attributed the jump in sale price to the Law Department’s seeking an appraisal
from Metropolitan Valuation Services of the value of the 17 buildings, which
came in at $143.1 million.
That jump in valuation wasn’t enough for the Podolsky
brothers: they demanded $200 million. Rather than bring in another appraiser,
as they were entitled to do to give them added leverage, city officials decided
to virtually split the difference between the appraisal and the brothers’
demands. The deal has since been completed.
The city could have sought to seize the properties under
eminent domain, but Social Services Commissioner Steven Banks, who
distinguished himself as a lawyer for the homeless before joining city government,
noted that could produce a lengthy court fight that would tie up the properties
at a time when DHS sorely needed the additional beds.
Then The Times reported April 4 that the lawyer for the
landlords in the discussions on the deal was Frank Carone, who also serves as
counsel to the Brooklyn Democratic Party. Willie Neuman’s story stated that Mr.
Carone and his wife had each made the maximum individual donation of $4,950 to
Mr. de Blasio’s re-election campaign two years ago, and that the attorney had donated
the maximum $5,000 to the Mayor’s Federal political-action committee, Fairness
PAC, and helped solicit additional donors for the fund, which has covered the
Mayor’s expenses in recent months for his travels to early-primary states as he
considers a run for President.
Both the Mayor and Mr. Carone denied having discussed the
Podolsky brothers deal. Mr. Carone told The Times in a statement that “I am
proud to say I regularly support people from Brooklyn. So it should be of no
astonishment why I am supporting our Brooklyn Mayor as he explores a run for
President.”
No doubt if asked, the two men would deny they have had any
conversations about a possible future run for office by the Mayor’s wife,
Chirlane.
Then Mr. Gartland reported April 10 that Human Resources
Administration Chief Contracting Officer Vincent Pullo a year ago demanded that
a homeless-service provider in The Bronx sign an affidavit swearing that the
nonprofit had no connection to the Podolsky brothers. Mr. Rice reported in New
York more than five years ago that Housing Solutions had taken over contracts
belonging to the nonprofit, Aguila Inc., and its CEO, Jenny Rivera, told The
News April 8 that she was providing services to homeless families at Podolsky
brothers properties and that the city knew this.
She said she was forced to sign the notarized affidavit when
the city jeopardized her ability to pay her workers by withholding a requested
loan. She sent a letter to the Mayor late last month stating, “Under duress, I
was coerced into signing this affidavit even though the city knows full well
that Aguila manages multiple buildings owned by the Podolsky’s.”
She received an April 8 response from Homeless Services
Administrator Joslyn Carter calling the affidavits “standard representations of
the relationship between the entities.”
But Ms. Rivera showed Mr. Gartland correspondence she had
last year with Mr. Pullo in which she sent him a signed lease for the Podolsky
buildings and he responded with an e-mail requesting an affidavit asserting
that Aguila “has no affiliation with” the Podolsky Family (any and all
members)” or Mr. Lapes, their property manager.
It seemed clear that the de Blasio administration was moving
forward on the deal and wanted to have a document indicating that it was not
doing business with the Podolsky brothers. There have been no reports of them
having made political contributions to the Mayor or his PAC, but they have long
been known for making business transactions in the maiden names of their wives.
The level of desperation felt by the administration to
secure properties that could be used for affordable housing could be seen in a
New York Post report last Thursday that noted the Podolsky buildings had
hundreds of unresolved Housing Code violations of the sort associated with the
most troubled Housing Authority developments, from vermin to peeling lead paint
to broken locks. Among just four of those buildings—three in The Bronx, one in
Brooklyn—there were 188 open violations cited by the Department of Housing
Preservation and Development, with 30 of those classified as “immediately
hazardous.”
It’s true that the city’s extensive dealings with the
Podolsky brothers, despite what Mr. Morgenthau 35 years ago described as a kind
of terror campaign against their tenants, dated back two Mayors.
But a key component of Mr. de Blasio’s rationale for his
first mayoral run in 2013 was that he would be more sensitive to the needs of
the less-fortunate in the city, and less-solicitous of the wealthy, than both
Mr. Giuliani and Mr. Bloomberg.
That has been true for his most-prominent campaign issue,
improper stop-and-frisks by police, although sharp scaling-back of abuses began
during Mr. Bloomberg’s final two years in office even before a Federal Judge
ruled that the NYPD had been conducting the program in a way that violated the
U.S. Constitution.
But the lead-paint contamination suffered by hundreds of
children in Housing Authority apartments because of a four-year-plus stretch in
which no inspections were conducted was treated by the Mayor as less a
public-health concern than a political problem. He noted the Bloomberg
administration didn’t do inspections in its final two years, and he kept HA
Chair Shola Olatoye in her job even after it was revealed that she had lied to
the U.S. Department of Housing and Urban Development in 2016 about inspections
having been done. Even a subsequent lie before the City Council late in 2017
about the training given to the employees who eventually did the inspections
did not prompt him to jettison her immediately; she hung on for two months
after that misrepresentation came to light.
Six months later, she became vice president of business
development for Suffolk Construction, a Boston-based contractor seeking to
expand operations in New York.
It was an impressive landing for someone who had been
tarnished both by the deteriorating conditions in some HA developments and her
lies about efforts to correct them. Some of the mystery about her rebounding so
well was dissipated when it was announced that a Boston fund-raiser for Mr. de
Blasio’s PAC April 5 was being hosted by her boss, Suffolk CEO John Fish.
Notwithstanding his claims that he’s a reformer, Mr. de Blasio has demonstrated
more than a few times that the expressway to his good graces is paved with
political contributions.
The danger for any elected official of seeing life through a
political lens is that it can fog your judgment regarding the issues you
profess to care about. A vivid example has been the Mayor’s campaign to
increase the number of black and Latino students who qualify for admission to
the city’s eight specialized high schools.
For much of his administration, his focus has been on doing
away with the Specialized High School Admissions Test. His Schools Chancellor,
Richard Carranza, remains adamant about scrapping the test outright; the Mayor
has lately wavered a bit as the political winds have shifted. He recently
acknowledged he was remiss in not discussing the issue with leaders of the
city’s Asian community, who believed that he wanted a political solution that
would come at the expense of their students, whose high scores on the test have
given them a disproportionate number of seats at schools like Stuyvesant High
School, the Bronx High School of Science and Brooklyn Tech.
That admission came after the city’s highest-ranking black
official, Public Advocate Jumaane Williams, wrote an op-ed in the Daily News
late last month saying that he would not have gained admission to Brooklyn Tech
25 years ago, given low grades and behavioral issues as he dealt with both
Attention Deficit Hyperactivity Disorder and Tourette’s syndrome, if he hadn’t
scored high on the SHSAT.
He said other criteria besides the test should be used in
making admission decisions, but wrote, “There are thousands of students who,
whether because of learning disabilities, challenges at home or a myriad of
factors, do not demonstrate their potential in a classroom setting. A test, for
us, is a pathway to inclusion, not exclusion.”
Some de Blasio critics charged that his harping on the
supposed unfairness of the SHSAT was meant to draw attention away from his
administration’s failure to improve middle schools in heavily black and Latino
neighborhoods to give their students a better chance at getting into the
specialized schools, as well as the weaknesses of traditional high schools in
those neighborhoods.
A complaint that has gained increased traction concerns the
Mayor’s failure to significantly increase the number of gifted and talented
classes in the city’s poorer neighborhoods after they were decimated by Mr.
Bloomberg, who believed low-achieving schools should focus on the basics rather
than courses for the most-creative students or music, art and athletics, which
fell outside what was covered on the standardized exams by which he measured
success.
The Post’s Susan Edelman, in an April 7 story about a Bronx
High School of Science graduate who gave up a Wall Street career to tutor
minority kids seeking to go to the specialized schools, noted that 10 school
districts where at least 88 percent of the students were black or Latino had no
more than a single gifted-and-talented program through the fifth grade.
Since 2016, the story stated, the de Blasio administration
added gifted-and-talented classes in eight schools in minority neighborhoods
for grades 3 and 5, but only 176 students were enrolled. The obvious question
is, what were Mr. Carranza and predecessor Carmen Fariña doing instead of
building up those classes, which nurture students’ aptitude in subjects that
grab their attention and can also increase awareness about the opportunities
available to them.
“This has been the million-dollar question,” said State Sen.
John C. Liu, Mr. de Blasio’s former mayoral rival and a critic of the plan he
said would come at the expense of Asian students. “Why has the entire system
been so dumbed-down, and focused on the admission process for three schools?”
Pressed on what he thought the reason was for what he termed
“City Hall’s three-card monte,” Mr. Liu said in an April 10 phone interview, “Dealing
with the larger issue is gonna take more than a press conference, which is what
the de Blasio administration did last year with their so-called fix.”
Mr. Williams told this newspaper’s Crystal Lewis during an
April 9 press conference, “I really don’t understand why it’s taking so long or
why it’s happening so slowly. The Mayor might be wedded to this focus on
specialized high schools—hopefully he’s not, because the [Department of
Education] is much broader than that. And what it shows is that we’re failing
these communities from the moment these children enter some of these schools.”
Arguably, Mr. de Blasio’s signature achievement as Mayor was
the expansion of pre-kindergarten classes, giving kids an early jump on
learning that should benefit them throughout their academic careers.
We can’t yet measure how much, but that is a fair
assumption. It’s more difficult to feel confident about education in the higher
grades, given the number of city students this century who have needed remedial
classes once they got to the City University of New York system, and the
drop-off in achievement on standardized exams among black and Latino students
compared to Asians in particular.
And the painstaking and slow process often needed to produce
marked improvement may not have much appeal to the Mayor after he and his
Chancellors haven’t moved the needle much midway through his 64th month in
office—nearly two-thirds of his two terms.
It’s easy to understand why his attention might wander toward
a bright, shiny object like a presidential campaign. It gives him a chance
every weekend to meet people who don’t know much about the less-savory aspects
of his tenure but share the values he is espousing. It offers him a respite
away from the city with his wife, a chance to clear his head and rebuild his
hopes of moving on to something bigger and better, the way he had in four-year
cycles from City Councilman to Public Advocate to Mayor.
But there’s a reason that the Mayor who’s attracting buzz at
this early point in the Democratic primary process is Pete Buttigieg of South
Bend, Ind. Part of it is his personal story—an openly gay military veteran with
enough intellectual curiosity that he learned Norwegian to be able to read more
by an author whose book he admired.
But Mr. Buttigieg, in contrast to Mr. de Blasio, seems
genuine in his complexity, and his personality has allowed him to connect with
those who don’t necessarily share his political beliefs but like the character
he radiates.
Our Mayor, beyond the contradictions between his rhetoric
and his quid-pro-quo tendencies, seems like his possible candidacy is less a
mission he thinks he can accomplish than an escape from the daunting tasks he
hasn’t had the energy or the smarts to successfully tackle.
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