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The Latest Victims Of The Foreclosure Crisis: Low-Income Apartment Renters

No Way To Live

The Huffington Post   First Posted: 01/31/11 08:05 AM ET Updated: 05/25/11 07:30 PM ET

The following is produced in partnership with The Dylan Ratigan Show's weeklong "No Way To Live" series on the financial crisis and its impact on ordinary Americans.

NEW YORK -- First, a heating pipe broke in the adjacent apartment, sending a powerful blast of steam into his home along with an unrelenting stench. Then, chunks of the ceiling started falling into his bathroom, and black mold began creeping up the walls. Cockroaches thrived in the suddenly tropical apartment. In December, mice popped up from the gaps between the walls and the baseboards.

But each time Sergio Cuevas sought the attention of the landlord, hoping to arrest the deterioration of his apartment in the Bronx, he got nowhere. It was like the management company had ceased to exist.

This was not the result of another derelict slumlord, but rather an example of a lesser-explored aspect of the national foreclosure epidemic: Cuevas and some 400 other tenants living in ten apartment buildings in a working poor stretch of the Bronx have found themselves stuck in the legal cracks of the American real estate reckoning, their homes claimed by no one. When trouble arises, there is effectively no landlord to call.

The investors who bought their buildings at the height of the real estate bubble, hoping to flip them for quick profit or jack up stabilized rents, have washed their hands of a bad bet. The bank that has initiated foreclosure says it does not yet have legal title, meaning it lacks responsibility. The court-appointed receiver who controls the property says he doesn't have enough money to attend to the burgeoning problems.

The scene here in the Bronx is emblematic of a growing national problem. In apartment buildings scattered in low-income neighborhoods from New York to Phoenix to San Francisco, families with scant resources and uncertain legal rights are literally watching their ceilings crumble and their floors collapse as they wait and hope for a resolution.

Some cities have sought to compel banks to attend to the real estate seemingly under their control, but complain that they have limited authority to inject themselves into private property deals. When they do take action--writing up building code violations--a lack of clearly defined ownership means there is no one from which to demand action.

By now, stories of investors availing themselves of cheap credit to buy into speculative new subdivisions in sun-belt stretches of Florida and California have become legion. But the real estate boom also enticed speculation on the continued spread of gentrification in low-income communities, drawing in investors from far and wide.

This is how a Los Angeles-based company called Milbank Real Estate came to possess this motley collection of apartments in the Bronx.


(New York City Mayor Michael Bloomberg (left) and City Council speaker Christine Quinn (center) speak with Milbank resident Maggie Maldonado in early January.)

The buildings were built in 1920s, erected to house a then-exploding New York City population whose ranks were being swelled by immigration. The Bronx beckoned as a marker of upward mobility, its concourses and new apartment blocks offering a respite from more densely populated neighborhoods in Manhattan.

Despite the neglect in more recent decades, many of the buildings retain hints of their former glory. Ornate moldings are still visible under layers of lumpy plaster patch-work. The more expansive apartments have generous kitchens and dining rooms, along with three bedrooms and two bathrooms.

Some of the tenants who have lived in the buildings for decades have managed to hang on to original parquet floors. They remember the fireplaces and wrought iron benches in the lobbies, the flowers in the courtyards. They feel a strong sense of pride in the neighborhood.

But as the city declined, and as the Bronx burned, the original owners gave way to a parade of some of New York City's most notorious slumlords. Each landlord collected rent checks and spent as little as possible on repairs, doing the bare minimum to stay legal. The same courtyards that had once boasted landscaping eroded to bare dirt. Drug dealers set up shop under staircases and in vacant apartments--those units now marked with spray-painted logos, black Xs on red front doors.

By the time Milbank Real Estate entered the picture in 2007, most of the buildings were already in a state of considerable disrepair according to the Northwest Bronx Community and Clergy Coalition, which works with tenants in the buildings.

The collection of five and six-story brick buildings were out of character for the company, which specialized in taking rundown commercial buildings and sprucing them up--from the Figueroa Tower in downtown Los Angeles to a trio of office buildings on the airport approach in Houston.

But buying into a piece of the Bronx and taking on tenants seemed to make commercial sense. New York was home to millions of renters willing to hand over ever-larger monthly sums for housing, and pressing further and further away from Manhattan in pursuit of extra space and¬ good value.

Milbank bought a total of 17 buildings in the Bronx, 10 with one $35 million mortgage, and the other seven with individual mortgages. All are in different stages of foreclosure.

The 10 buildings in the Bronx were walking distance to subway lines reaching offices in Manhattan, and they were renting at far below market rates because they were rent-regulated. If Milbank could chase out tenants who were behind on their rent, renovate the apartments, and then start charging market rates, it could capitalize on the spread of gentrification to the outer rings of the city, all the way to the Northwest Bronx.

Milbank's calculations were not being made in a vacuum. Other investors were also eyeing properties in low-income neighborhoods, and aiming to push out rent-regulated tenants. A British company, Dawnay Day, gave newspaper interviews about how easy it was to duck rent controls before openly offering East Harlem tenants small sums of money to leave. A Queens venture, Vantage, repeatedly filled housing court dockets with dubious claims that tenants hadn't paid rent as a means of pressuring them to leave, according to the New York Attorney General's office, which ultimately secured a $1 million settlement.


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The following is produced in partnership with The Dylan Ratigan Show's weeklong "No Way To Live" series on the financial crisis and its impact on ordinary Americans. NEW YORK -- First, a heating pip...
The following is produced in partnership with The Dylan Ratigan Show's weeklong "No Way To Live" series on the financial crisis and its impact on ordinary Americans. NEW YORK -- First, a heating pip...
 
 
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HUFFPOST SUPER USER
Ohioan4truth
I'm just an average, ordinary guy.
05:08 PM on 02/02/2011
I fear that Section Eight housing funds are somewhat to blame. Whenever you have government passing out money to assist in paying rent you have created a money cow for slumlords. Of course, Section Eight is SUPPOSED to inspect these apartments to ensure they're livable. But we all know how politics are involved. Someone's hand is getting greased to look the other way. And the money machine keeps spitting out the dough!
 
A program that has the best intentons to help the poor and lower class will always be manipulated to enrich the wealthy.
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MSROADKILL612
love auto biographys. any appS to write mine?
10:59 AM on 02/01/2011
Look, I am an old leftie, but I am also an economist, and I like arguments to be rational and objective, even if it goes against my sympathies. So, at the risk of losing what few fans I have, I shall be the devils advocate. Just saying it like it is.

What we have here is spy vs spy. Mini scammer vs mega scammer.

For whatever reason (it may even have been a well intentioned WW2 anti profiteering thing), a select few connected people have been protected tenants, paying way below the market rates that you and I would have to pay for that apartment in that area.

The trick is to never leave. The landlord on the other hand, is very incentivised to make them leave. The last thing he wants is to make it nice and cosy for them. Quite the opposite.

But its harder than it seems to do legally. With all the easy money about at the peak of the market, some landlords sold out to speculators who thought they could do a better job of it.

They couldnt, and the potential rewards decreased with property values, they walked from the ill advised loans by banks.

So you end up with this mysterious entity foreclosing on the property, taking advantage of the foreclosure bunfight, by saying, we have no idea who owns it, so you can hardly hold us responsible for building regulations. But curiously, they have been paying liability insurance. Cute.
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Inkosi
The gods themselves rage against stupidity
11:14 AM on 02/01/2011
You are absolutely right. the rent controlled apts are indeed occupied forever by the tenents. Landlords are not altruistic - they are in it for profit. An irresistible force meets and immovable object. I have a friend who lives in Woodside - has been in the same apt since 1958 - she is not moving - ever! They have tried to pry these people out but they fought and won. The only way they will leave is if they die!
10:22 AM on 02/01/2011
someone told me amerika was the mos 'advanced' nation. go figure
09:39 AM on 02/01/2011
The tenants should do a "takeover" for the buildings...get a good attorney, collect rents and use
that money to do repairs for themselves. If the banks "don't have legal title", how could they
evict the tenants? And why should the tenants pay the banks rent? We need to take our lives
back from these white collar crooks.
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Inkosi
The gods themselves rage against stupidity
11:15 AM on 02/01/2011
Fan #36 - Faved- Sounds like a great idea. but is it legal?
08:52 AM on 02/01/2011
Let's not forget about the 1970s arsons in the Bronx. Real estate in New York is a criminal industry.
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HUFFPOST SUPER USER
UberdanSounds
I make music(al), funnies.
10:30 AM on 02/01/2011
I see your New York real estate is criminal & raise you "All Real Estate is criminal". From the inflated prices, values, to the appraisers, half twitted contractors, real estate agents, banks, & the loan servicers. Everybody gets their cut, then when it's old they all dump it & walk away. The whole system is a sham.
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HUFFPOST SUPER USER
slocomgp
Reality has a liberal bias........
10:45 AM on 02/01/2011
Did this just miraculously happen or has it been that way for ever? Your statement is well stewpid.
02:21 PM on 02/01/2011
I see your "All Real Estate is criminal" and raise you with "Private property should be abolished!"
What have you got now?
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HUFFPOST COMMUNITY MODERATOR
moonflowerjewelry
Buy American made, no excuses.
08:35 AM on 02/01/2011
It's bizarre that this is news to people. I worked for a couple of REO agents in so cal for a few years, and when they switched from "regular" real estate to working for the banks selling repos, some of the first things to go were apartments... many, many landlords continued to take rent even as they knew they were in foreclosure proceedings... It's not just the corporate landlord that takes advantage of the powerless, but members of your own community, not only gangs and drug dealers, but "upstanding citizens".
i
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Inkosi
The gods themselves rage against stupidity
11:18 AM on 02/01/2011
Section 8 housing is a hot bed of corruption. It is very, very profitable for the owners, politicians, "community" workers, even churches but not for the tenants.
12:30 PM on 02/01/2011
It's not that it's bizarre to be news, it's that it's another piece in the current puzzle that is the current Recession/Depression. There are too few articles that really go into detail about the scamming, decline and ultimate disintegration of these buildings as homes and their immoral owners. It's a story that never gets old because it happens so often. I think the hope is that we can come up with a different response than just dumping the people that have been trying to live there.
08:26 AM on 02/01/2011
With 30 million U.S citizens out of work and millions out of a home why are american citizens not out in the streets.
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MSROADKILL612
love auto biographys. any appS to write mine?
09:51 AM on 02/01/2011
They are out on the streets.
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HUFFPOST SUPER USER
slocomgp
Reality has a liberal bias........
10:46 AM on 02/01/2011
Protesting?
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oldschoollib
Live from the Heartland
10:52 AM on 02/01/2011
No, in places where it is illegal to be homeless, they are in jail.
HUFFPOST SUPER USER
juliebird
07:42 AM on 02/01/2011
How PROUD are the mothers of these unconscionable predators?
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Inkosi
The gods themselves rage against stupidity
11:18 AM on 02/01/2011
the mothers are probably the ones who taught them.
07:05 AM on 02/01/2011
Well, Mr. Bush did not do anything about foreclosure, now it spinning out of control. The worst has yet to come. I wait the day to start buying them for $1 a piece.

http://www.alexastock.webs.com
08:36 AM on 02/01/2011
He did not have the brain power to do anything about foreclosure. All he new was how to order his national security advisor around.
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Inkosi
The gods themselves rage against stupidity
11:21 AM on 02/01/2011
All he knew was to follow the dictates of the Anti Christ - Cheney, Rove, Rumsfeld and THE PARTY! Now his daughter Barbara is going against Daddy and for gay marriage. Look for another Bush contender on the horizon. We have Jebby, then Barbie and Jenna - That makes 24 years of Bushes in the WH if all goes well.
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HUFFPOST SUPER USER
Jamie Dufour
keep believing....
06:29 AM on 02/01/2011
turning a blind eye for years and being referred to as "Proud"....give me a break......

Sadly often due to a lack of education, few business skills and an attitude of I'll just worry about myself and soon I can move out of here to a better place.... These are the problems..

YES the city should claim eminent domain..
Yes the city should tear down the offending places and rebuild proper units.

Life should not be about money.....and make a few rich...it should be about sustainable coexistence!!!!!!!!
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Pandoras Folly
This Micro-bio is of legendary quality
10:43 AM on 02/01/2011
sutain cowhat?? is that some new french shampoo? lol
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Inkosi
The gods themselves rage against stupidity
11:25 AM on 02/01/2011
If it were not about money, it would be about resources. There will always be those GEEDY- anti-social, socio-pathic personalities among us. The problem is there are so many! How did we breed so many? It cannot all be genetic. When I was young - it was the Peace Corp, Greenpeace, the environment, conservation - somewhere something went terribily wrong!
01:02 PM on 02/01/2011
You're right - it happened when Reagan and his philosophy seemed to sweep the nation.
04:53 AM on 02/01/2011
Our own government and governing bodies are, in their own fashion, about as corrupt as any 3rd world country's leaders. We just have managed over the years to legalize almost every corrupt behavior in such a way that they can do with impunity what would, in a more just and moral world, be considered illegal.

I'm under no illusions that the people I vote for are as pure as the driven snow, want the job only because they are bone-deep interested ONLY in the good of the public, and that they will NEVER, EVER sell their vote or their belief or their moral values for whatever they think will either get them their next vote or better their personal situation.

I have drank deeply at the well of cynicism not because I find the taste pleasing, but because I've lived long enough to have been disillusioned and disappointed far too many times.
08:37 AM on 02/01/2011
And remember many of those third world countries were corrupted by us.
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HUFFPOST SUPER USER
Samalabear
10:02 AM on 02/01/2011
Exactly, as well as the Middle East. We don't know what the outcome in Egypt will be but the people finally took Howard Beale to heart: "I'm mad as hell and I'm not going to take it anymore." When are the millions of ordinary Americans that are being crushed going to do the same. The corruption is rampant from the WH on down. We've got to stop looking up to "the guy with the money," or some charismatic leader that rises to the top due to a clever marketing campaign.
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Inkosi
The gods themselves rage against stupidity
11:26 AM on 02/01/2011
sajwet F&F. I love your last line! so true, so poetic.
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HUFFPOST SUPER USER
ACMSinc
04:31 AM on 02/01/2011
AIG $70 Billion
Asset Guarantee Program $12.5 Billion
Bear Stearns $29 Billion
Capital Purchase Program $218 Billion
Commercial Paper Facility $1.8 Trillion
Fannie/Freddie bailout $400 Billion
FHA rescue $320 BIllion
GSE debt purchases $200 Billion
GSE Mtg Backed purchases $1.25 Trillion
Making Home Affordable $50 Billion
PPIP $100 Billion
TALF $70 Billion
TARP $70 Billion
TIP $40 Billion

*owning Congress…. “priceless”
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Inkosi
The gods themselves rage against stupidity
11:30 AM on 02/01/2011
F& F! Love it.
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HUFFPOST SUPER USER
ACMSinc
03:06 AM on 02/01/2011
Yes the supreme court says that corporations are people, if corporations are people shouldn't they be accountable as such? So they are people when is convenient for them and they are not people when is not convenient?
In another aspect, The more that the banks foreclose on properties the less attractive becomes to keep a property because do to the foreclosures properties are worth less and less and it becomes more attractive to just abandon it. So again "Is the Foreclosures stupid !"
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03:36 AM on 02/01/2011
You got it. Only when it suits them. Privatize the profits, socialize the losses.
http://bizcovering.com/investing/understanding-the-economic-mess/
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Inkosi
The gods themselves rage against stupidity
11:31 AM on 02/01/2011
costellowriter - already fanned so faved on that one! Socialize all the debit and loss.
05:48 AM on 02/01/2011
If they were smart they would cut the price 50% and then find an eligible party now! Write the loss and move on. Just like any business, put it on sale-a real sale. Banks could change everything TODAY if they even tried!!!
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HUFFPOST SUPER USER
slocomgp
Reality has a liberal bias........
10:50 AM on 02/01/2011
That is happening in parts of the country, at least where I am in CA. Bank prices are sooooo low they are bringing the market down for ALL! Causing many people to walk. My property is worth less than half of what it was when built in 05.
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02:33 AM on 02/01/2011
You know what sucks? An individual would be held accountable but because it's a group of investors or a company, no one's held accountable.
02:52 AM on 02/01/2011
The renters should incorporate themselves. Gather together a month's rent from each to pay a lawyer to draw up the papers, and incorporate.
Since the banks and holding companies and recievers can just blow off their responsibilities by hiding behind the corporate wall, why shouldn't the same trick work for the renters?
Unite. And let the power of corporate capitalism work for you instead of against you for once.
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03:37 AM on 02/01/2011
Your'e right. We need to start doing things like this in order to protect ourselves. And they should stop paying rent.
http://bizcovering.com/investing/understanding-the-economic-mess/
08:50 AM on 02/01/2011
Yes. The courts would state that the sell can not be made because no one knows who owns the property.
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HUFFPOST SUPER USER
ShinjiIkari
Do you understand how stupid it is to be afraid?
09:44 AM on 02/01/2011
Presumably, this is why the RICO statutes were created: to address a conspiracy by a group or a company engaged in a criminal enterprise.
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02:24 AM on 02/01/2011
How can a bank collect on a mortgage they don't carry? If the bank doesn't know who's liable what do they do with the collected rent? I can't seem to follow these arguments to a logical conclusion.
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03:41 AM on 02/01/2011
They want the money, but not the responsibility
http://bizcovering.com/investing/understanding-the-economic-mess/
08:55 AM on 02/01/2011
It seems as though are legal system has not kept of with the complications of our financial system. Money has corrupted our legal, judicial and governmental institutions.