Further evisceration on the Lower East Side community by immoral developers

The 118 East 1st Street development by Robert Marty, Cynthia Wu and their architect Warren Freyer marks yet another act of senseless gentrification of the already hurting and disfigured neighborhood. This development for a handful of new rich tenants at the expense of occupants who live in adjoining buildings is an unconscionable contribution to total evisceration of the East Village/Lower East Side community. As pointed out by this blog, No. 118 was one of five new East Village projects identified by the Greenwich Village Society for Historic Preservation as an oversized new development ... "in the neighborhood's affordable housing zones [that] were approved by the city without requiring affordable housing." 

I live in the building just west of that cancerous implant condominium. In my apartment the construction caused massive cracks inside all my rooms and fractures in the outside elevation, causing rain water leaks into my apartment. Debris from the fractures keep falling into my space. I have repaired and painted over some of the fractures already four times and they still keep re-opening and growing. Now because the elevation walls keep on shifting, my windows have become skewed and their the frames began to crack as well. Mold is growing in between the glass panes and I cannot close my windows. Warren Freyer has been unhelpful and unwilling to hire scaffold workers to replace the windows that his construction broke, telling me me that "you cannot stop progress" and "other people do that as well".  Surely it is hard to expect that the developers who force their condo construction into the filthy, noisy, overcrowded Houston Street corporate hipster hub will behave in a civil fashion.

Tragically, when that implant condo is erected, the apartments on the east side of our building will loose most of their daylight. Three of my windows on the third floor, one to my bedroom, one to the kitchen and the bathroom one, will become grim shafts. This very act of economic bullying deserves special attention of New York City lawmakers. This invasive condo will literally steal our sunlight. The new wealthy tenants will bask in the sunlight which used to be the best thing about our otherwise run down tenement apartments. I can see clear legal argument that would make this kind of economic brutality criminal.

Bed Bugs 2018

We lived at 114 East First St. #7 for 2.5 years. On January 31, 2018, we found a bedbug in our apartment. Below is the timeline of events that followed.

JANUARY 31

On January 31 at 10:35pm Eastern Time, we email Birchwood Management with a photo of a bug we think might be a bedbug in the front bedroom. Birchwood acknowledges receipt and tells us they have forwarded the photo to an inspector. 

FEBRUARY 1

The inspector confirms from the photo that this bug is a bedbug. We are instructed to schedule an extermination. 

I request an inspection pre-extermination to confirm an infestation; we are denied an inspection because the exterminator was able to confirm from the photo that we were dealing with bedbugs.

At this time, I request a formal report from Birchwood indicating there had been no previous reports of bedbugs at the property. 

Later in the day, I recieve a form from Birchwood Property indicating the property has been bedbug free for at least one year. This was an error, though; earlier in the day, we had confirmed bedbugs were present in the building.

FEBRUARY 4

We have our first extermination appointment; a second is scheduled. The inspector tells us that he only found bedbugs in the front bedroom. He did not provide the list of chemicals used in the treatment at this time.

FEBRUARY 7

We hire a second exterminator. He inspects the premises, but does not find evidence of a current bedbug infestation. He requests documentations of chemicals used, noting that this should have been provided to us at the time of extermination (it was not, as mentioned above). At this time, we contact the Birchwood-funded exterminator and asked for a list of chemicals. We receive shortly thereafter and send to the second exterminator, who determines that the chemicals listed were inaccurate based on evidence of chemical remnants in the apartment. He asserted that the chemicals outlined would have left residue/remnants, but did not. He does another treatment.

FEBRUARY 8

I find a bedbug in the rear bedroom (not the front bedroom where we found the original bedbug).  

FEBRUARY 11

I find a bedbug in the living room. We contact our second exterminator; he suspects they are coming through the walls from another unit and advises us to contact management to confirm they have disclosed the issue to neighboring apartments and arranged inspections for all of them. 

FEBRUARY 9

We request that Birchwood property inform the neighboring apartments; we learn this has not been done. After our request, Birchwood sends a letter to select tenants, though we are not sure which ones.

Later in the day, we contact Birchwood to request a lease termination. We are told that they will not terminate our lease early, per policy. 

We respond, contesting this decision - pointing to bedbugs and a variety of other factors as rationale for termination. 

FEBRUARY 12

We request an update  and documentation on the inspections happening in our neighboring apartments (next door/across the hall/above/below), as previously requested onFebruary 9. 

Later in the day, Birchwood confirms that the exterminator will visit all adjacent apartments on February 14. We do not receive formal documentation of inspection or extermination. 

We are granted permission to terminate our lease.

FEBRUARY 14

Second Birchwood-funded treatment takes place. 

FEBRUARY 20

We vacate the apartment.

Several posts, videos and images have disappeared from the site.

It seems that the Blogger removed the videos of rats in the garbage area. This may have happened as a result of landlord's complaints.

An email from a tenant who left her ground floor apartment due to the infestation

We've received an email from former tenant who left her apartment on the ground floor. It gives us a better timeline of the infestation. Below is the full text the email:

"I moved into the apartment September 2014, then I noticed I got some random bites (maybe 4 above my chest and some on my stomach and back- I guess 8 total) literally right after Halloween. I went to the dermatologist  (#1) thinking it was a rash or so, it just wasn’t normal to just be bug bites. Thought it might’ve been my costume. My skin is already sensitive enough so I thought that it might’ve been an allergic reaction to one bite.

I cleaned my whole room and the apartment and didn’t see anything really until maybe early December, but just 2 bites. Then nothing for a bit then it started showing up mid February then nothing again until April. April was intense. I still have remnants of the bites. It takes forever to heal. I did everything, went to about 4 different dermos, got a biopsy. They were definitely bites.

I really hope everyone just leaves that place – Ive been bug bites free for 2 months now and I never realized how much stress it had been causing me. Everyone thought I was crazy but it drove me mad trying to figure out what was biting me at night."

157 Open HPD-Issued Housing and Maintenance Code Violations at 114 E.1st Street

As of today, there are 157 open housing and maintenance code violations issued by HPD to the landlord of 114 E.1st Street.

Of these 157 violations, 18 are "Class C" violations defined as "immediately hazardous” and 111 violations are "Class B" defined as "hazardous."  These violations include 4 for bed bugs and 1 for rats.  To date, none of these violations have been certified by HPD as repaired.

With 129 open Class B and C violations and 33 units registered in the building, the landlord of 114 E.1st Street meets the qualifications for the Worst Landlords Watch List compiled by the Public Advocate for the City of New York, Letitia James.  "For a landlord to be added to the Watch List, they must own a building with fewer than 35 units with an average of at least three open, serious violations (B and C violations) per unit." (http://advocate.nyc.gov/landlord-watchlist/criteria)

For a complete list of open violations at 114 E.1st Street, go to the link below, type in housing number "114" and street "east 1 street"; on the next screen, click "All Open Violations" on the left side.  https://hpdonline.hpdnyc.org/HPDonline/provide_address.aspx

More infested debris on the first floor hallway and on the fire egress today.

Now the infested furniture is being hidden in the empty ground floor apartment (#2).

More trash from infested apartments in the hallway and on the fire egress. Two more tenants moved out of the building today.

Decomposing rodents in the walls bring more insects inside the apartments

Several tenants have now observed a sudden explosion of black flies in their apartments. The apartments have many holes and cracks that allow the maggots and other insects feeding on the rotting rodent flesh between the walls to enter our living spaces. Let us know if you also have large number of black flies in your space.

125 Open HPD-Issued Housing and Maintenance Code Violations at 114 E.1st Street

As of this morning, there are 126 open housing and maintenance code violations issued by HPD to the landlord of 114 E.1st Street.

Of these 125 violations, 17 are "Class C" violations defined as "immediately hazardous” and 91 violations are "Class B" defined as "hazardous."  These violations include 3 for bed bugs and 1 for rats.  To date, none of these violations have been certified by HPD as repaired.

With 108 open Class B and C violations and 33 units registered in the building, the landlord of 114 E.1st Street meets the qualifications for the Worst Landlords Watch List compiled by the Public Advocate for the City of New York, Letitia James.  "For a landlord to be added to the Watch List, they must own a building with fewer than 35 units with an average of at least three open, serious violations (B and C violations) per unit." (http://advocate.nyc.gov/landlord-watchlist/criteria)

For a complete list of open violations at 114 E.1st Street, go to the link below, type in housing number "114" and street "east 1 street"; on the next screen, click "All Open Violations" on the left side.  https://hpdonline.hpdnyc.org/HPDonline/provide_address.aspx

PIGEONS

Pigeons have taken over the shaft way. Their feces cover the entire side of the building, air conditioners as well as our window sills. The smell is horrific and the dust is a health hazard. I cannot open my windows.
See below:
Pest control experts and public health specialists warn that there are dozens of different human pathogens associated with pigeons, including some that can be dangerous or even deadly. Many experts feel that pigeons are a significant health risk to people.
Do Pigeons cause diseases?
Pigeon droppings are not only unsightly; their acid content can eat into soft stone and cause long-term damage to buildings. The nest droppings, and feathers also block gutters and rainwater pipes causing water damage. Their droppings can lead to severe hazards on pavements, especially for the elderly, and can carry pathogenic organisms. Pigeons can carry a number of potentially infectious diseases such as salmonella, tuberculosis and ornithosis (a mild form of psittacosis - pneumonia-like symptoms). They are also a source of allergens, which can cause respiratory ailments like pigeon fancier's lung and allergic skin reaction. There is potential for these illnesses to be spread to people through contact with pigeon droppings, dandruff and feathers; pigeon parasites; or where dead infected pigeons get into food or water sources.

Besides being direct carriers of disease, nuisance birds are frequently associated with over 50 kinds of ectoparasites, which can work their way throughout structures to infest and bite humans. Bed bugs (Cimex lectularius) may consume up to five times their own weight in blood drawn from hosts which include humans and some domestic animals. In any extreme condition, victims may become weak and anemic. Pigeons, starlings and house sparrows are known to carry bed bugs

Salmonellosis often occurs as "food poisoning" and can be traced to pigeons, starlings and sparrows. The disease bacteria are found in bird droppings; dust from droppings can be sucked through ventilators and air conditioners, contaminating food and cooking surfaces in restaurants, homes and food processing plants.

 Histoplasmosis is a respiratory disease that may be fatal. It results from a fungus growing in dried bird droppings. Candidiasis is a yeast or fungus infection spread by pigeons. The disease affects the skin, the mouth, the respiratory system, the intestines and the urogenital tract, especially the vagina. It is a growing problem for women, causing itching, pain and discharge. Cryptococcosis is caused by yeast found in the intestinal tract of pigeons and starlings. The illness often begins as a pulmonary disease and may later affect the central nervous system. Since attics, cupolas, ledges, schools, offices, warehouses, mills, barns, park buildings, signs, etc. are typical roosting and nesting sites, the fungus is apt to found in these areas.

These are just a few.

Pigeon-related Complaints

You can call 311 to report unsanitary conditions caused by pigeons, including odor and excessive droppings on window ledges, sidewalks and exteriors of commercial and residential properties. Property owners are required to clean up pigeon droppings on or originating from their property. You must provide the name and full address of the property owner for the City to take action. 

Letter to Tenants (June 6, 2015)

RE: Ongoing Bed Bug, Rat, and Rat Mite Infestation

Dear Fellow Tenants,

We write to you out of concern for your safety and our community due to the bed bug, rat, and rat mite infestation in the building.  To our knowledge, at least 13 apartments in the building have been infested with either bed bugs, rats, or rat mites in the last month.  As of this morning, our building has 101 open housing and maintenance code violations issued by NYC’s Department of Housing Preservation and Development (HPD)—including bed bugs and rats.  Of these 101 violations, HPD deems 13 to be “immediately hazardous” and 72 to be “hazardous.”  Many tenants have already vacated the building as a result of the insufferable infestations in their apartments and a lack of urgent response from Birchwood Properties.  Birchwood Properties has already begun renting the apartments vacated due to the infestation to unsuspecting new tenants.

While Birchwood Properties wrote in their letter dated June 2, 2015 that they “have engaged Select Exterminating,” their approach has not been adequate to eradicate the bug infestation.  The extermination process has proceeded in a piecemeal way, spraying apartments here and there with pesticide; this method simply pushes the bugs to other apartments and spreads the bug infestation.  We believe it will require a building-wide fumigation to eradicate the bugs and keep everyone safe.

Furthermore, Birchwood Properties wrote in their letter dated June 2, 2015 that “we have had no complaints from the building of insect bites since last Friday.”  Publicly available information from HPD shows this statement to be false:  (1) 311 complaints were reported to the city for pests on June 1 and June 5 in different apartments, and (2) 4 housing and maintenance code violations, 3 for bed bugs and 1 for rats, issued by HPD on May 23 and 24, 2015 have yet to be certified by HPD as repaired by Birchwood Properties.  Details on the points above can be found by following the instructions below.

For a complete list of open violations and 311 complaints at 114 E.1st Street, go to the link below, click “Manhattan” in the dropdown menu for boro, type in housing number "114" and street "east 1 street"; on the next screen, click "All Open Violations" or “Complaint History” on the left side. https://hpdonline.hpdnyc.org/HPDonline/provide_address.aspx

Please email 114eastfirst@gmail.com and go to http://114eastfirst.blogspot.com/ to receive regular updates on the situation.  Please continue to notify both 311 and Birchwood Properties of any pest issues you experience.  We need your help to keep our community safe.

Thank you very much for your continued support, and be well.

Warmest regards,

Tenant Coalition for 114 E.1^st Street

101 Open HPD-Issued Housing and Maintenance Code Violations at 114 E.1st Street

NYC's Department of Housing Preservation and Development (HPD) conducted an inspection of 114 E.1st Street on May 23 and 24, 2015.  They issued 77 new Housing and Maintenance Code violations to the landlord, for a total of 101 open violations as of this morning.

Of these 101, 13 are "Class C" violations defined as "immediately hazardous," and landlords have only 24 hours to correct these issues.  72 violations are "Class B" defined as "hazardous," and landlords have 30 days to correct these issues.  These violations include 3 for bed bugs and 1 for rats.  To date, none of these violations have been certified by HPD as repaired.

With 85 active Class B and C violations and 30 apartments in the building, the landlord of 114 E.1st Street is 5 hazardous violations short of qualifying for the Worst Landlords Watch List compiled by the Public Advocate for the City of New York, Letitia James.  "For a landlord to be added to the Watch List, they must own a building with fewer than 35 units with an average of at least three open, serious violations (B and C violations) per unit." (http://advocate.nyc.gov/landlord-watchlist/criteria)


For a complete list of open violations at 114 E.1st Street, go to the link below, type in housing number "114" and street "east 1 street"; on the next screen, click "All Open Violations" on the left side.  https://hpdonline.hpdnyc.org/HPDonline/provide_address.aspx

To learn more about your rights as a tenant, please email 114eastfirst@gmail.com or read http://www1.nyc.gov/assets/hpd/downloads/pdf/ABCs-housing-singlepg.pdf .

Apartments left a s result of the ongoing infestation are already on the market

Today, a broker was showing young people unaware of the situation in the building, the apartments vacated as result of the current infestations with rat mites, rats and bed bugs. How do you qualify this kind of activity?

Illegal dumping of trash from 144 East 1st Street in front of 108 East 1st Street

Rat mite infestation is on five floors!

Even though the rat infestation has gone on for years and the rat mite infestation has been the issue in the building for months now, the landlord, Robert Spitalnick still has not notified all tenants about the rat mite and bed bug problem and have not presented us with a comprehensive treatment for the entire building. Five floors are now affected, mostly on the North side of the building. Random exterminations of several apartments make the situation worse as the insects move into the walls and then to other units. No entry point sealing has been done! As a result several tenants have packed their belongings and left the building. This ongoing cover-up and unprofessional approach is harmful to all us still staying in the building!

and more discarded furniture on the ground floor

and this is trash from our building on the sidewalk in front of 108 East 1st Street today.

vacating 114 e 1st (#13)

We will be ending our time at 114 e 1st by the end of the month (#13). The main issue in the recent months has been the severe rodent infestation in the building. Last weekend there was a rat that was discovered underneath our sink, chewing a hole so that it could enter the apartment. I called and emailed both the property company and super agency. I was not responded to and no one showed up to help with the issue until over 24hrs later. The rodent issue was not genuinely addressed, and they only patched the hole the rat was chewing. We can still hear them digging in the ceiling. It is an unacceptable living situation for our family and we do not intend to stay any longer than we have to.

GOING TO HELL

I have been a tenant at 114 East First Street for well over 20 years. I feel that I can safely say with great certainty that the building/tenants are on a descent to HELL!!

The apartment building has been infested with rats for years - getting worse with all of the construction going on around us. The rats are so brazen that they are out and waiting to greet you at the garbage bins. The designated garbage area is severly neglected, filthy, and dangerous. It is not maintained and the garbage accumulates for days.

Debris, garbage, unwrapped mattresses are left under the stairwell for months. Not only is this a fire hazard - it is also a very large contributor to the RAT MITE and BED BUG infestation in the building. I wake up (as do other tenants) everday covered in bites and there is no end in sight. The landlord is unresponsive, threatening, and unwilling to deal with the situation in a professional or legal manner. 

.We do not have an on premise superintendent

.We have no porter - the hallways have not been swept or washed in years

.Repairs are not made in the open areas and outside of the building - broken steps, broken windows, front door lock, etc. 

. The contractor's that do the repair work in the building - are they licensed - are they insured?

.The exterminating company -  are they licensed - are they insured? The tenants have no idea what chemicals are being used.

.We have lead paint and there are children living in the building

THERE IS POWER IN NUMBERS! 

PLEASE EMAIL/CONTACT THE AGENCIES LISTED BELOW:

To address your service issues, you may file a complaint with DHCR.  RA-81, Application For A Rent Reduction Based Upon Decreased Service(s) - Individual Apartment found at the link below:

http://www.nyshcr.org/Forms/Rent/ra81.pdf

And/or RA-84, Application For A Rent Reduction Based Upon Decreased Building-Wide Service(s):

http://www.nyshcr.org/Forms/Rent/ra84.pdf

To file the RA-84 jointly with other tenants, complete RA-84.1 and include it with your filing:

http://www.nyshcr.org/Forms/Rent/ra841.pdf

To address emergency and individual apartment service issues, you may file a complaint with DHCR online. The link below will direct you to this online complaint form:

https://www1.dhcr.state.ny.us/ServicesIntake/buildingselect.aspx

Please review the “Application Instructions” before filing.

DHCR has the authority to issue an order that: 1) directs the owner to make repairs; 2) may reduce the rent by a guidelines adjustment and; 3) bars an owner from collecting additional rent increases until such owner files for, and is issued, a rent restoration order by DHCR.

If there are emergency repairs required, you may bring an action in Landlord/Tenant court to compel the owner to meet his obligations.  The action is called a Housing Part Action (a/k/a and "HP Action").  You can find out more by calling the NY City Civil Court Information Line at 212-791-6000.  Furthermore, you may also contact the NYC Department of Housing Preservation and Development (HPD) by dialing "311" to lodge a complaint.

For more information, click the links below to review DHCR Fact Sheets #14 and #37, which discuss Rent Reductions for Decreased Services and “De-Minimis Conditions” respectively.

http://www.nyshcr.org/Rent/FactSheets/orafac14.pdf

http://www.nyshcr.org/Rent/FactSheets/orafac37.pdf

Leaving 114 East 1st Street (#7)

We had to vacate our apartment this past Friday, as the pests made it uninhabitable. We had garbage-bagged all of our belongings, set multiple bed bug traps (including two simple CO2 passive monitors), spread diatomaceous earth around the perimeter of the bedroom and in plastic cups under each bed leg, called 311, etc. to no avail. I have literally over 100 insect bites all over my body that are extremely itchy and uncomfortable. We have found many rodent mites crawling all over our bodies after sitting on the couch or lying on the bed for just a few minutes - thankfully, there has been no sign of bed bugs yet. Needless to say, I am no longer comfortable staying in the apartment.

On Friday, an exterminator sprayed our apartment with an unspecified chemical - but did not address the underlying issue of the ongoing rodent infestation. After enduring four sleepless nights (and consequently having much reduced productivity during the day), we decided that we had had enough and have left 114 E. 1st St.

More trash in the hallway underneath the stairs and the fire egress is blocked by the rotting garbage. The stench is insufferable!

Several tenants have decided to leave the building.

Deepening crisis at 114 East 1st Street

Today random extermination of several apartments have been performed in the building without addressing the infestation building-wide. No entry point for the insects have been sealed in the apartments before. The exterminator refused to give us any information on what pesticide will be used and for which insect they are treating the selective apartments. I've been threatened with denial of services for asking questions. Separately, we've been told by independently consulted professionals that entry points need to be sealed before spraying pesticides and that randomly spraying individual apartments is going to push the bugs to other units and make the problem significantly worse.

Here is some information about rat mites: http://citybugs.tamu.edu/factsheets/biting-stinging/others/ent-3009/