Settlement + Stabilization Updates

CLASS ACTION SETTLEMENT UPDATE

Our August 28 Newsletter reported that the notice of entry of the Court’s judgment approving the class action settlement was served on August 6, which should have meant that the settlement would have become final 30 days thereafter – that is, the day after Labor Day.  However, because of Gov. Cuomo’s COVID-19 Executive Orders, all court deadlines were suspended until November 4.  As a result, the class action will not become final until December 4.  Settlement credits are required to be posted to tenants’ rent accounts within 60 days of settlement finality, or by February 3.  We understand that the settlement administrator may move more quickly than that.  Gateway Management has informed us that they hope that the settlement credits will appear on the January or February rent bills.

If you would like get the most up to date information about the class action settlement, please see the settlement website:  https://www.gatewayplazasettlement.com, or contact class counsel, Jeffrey Norton, JNorton@nfllp.com, (212) 619-5400.

RENT STABILIZATION UPDATE

Now that HUD has signed off on the QRS Agreement, GPTA has been  told  that  all QRS tenants, who received 5% increases prior to the new stabilization agreement, have received credit for the overpayment as of this December billing cycle.

NYC Curfew FAQ

Following is a list frequently asked questions about the curfew order imposed on NYC starting June 1, 2020, as supplied by the Community Affairs Unit of the Office of the Mayor.

I am an essential worker. Can I travel to my job?
Yes, workers who are performing essential work are permitted to travel to/from work and to be in public while performing their job duties. Essential work is work that is permitted under ESDC guidance.

I am a health care worker. Can I go to work?
Yes. Health care workers are essential under ESDC guidance.

I work for the City. Can I go to work during the curfew?
Yes.

I am a member of the press. Can I be in public during the curfew?
Yes, if you are performing your job. News media are essential under ESDC guidance.

Can restaurants make deliveries during the curfew?
Yes. Food deliveries are essential under the ESDC guidance.

Can my 24-hour grocery store stay open? Can my 24-hour grocery store receive deliveries during the curfew?
Yes. Essential businesses may remain open. The curfew only bars people who are not performing essential work from being in public from 8pm to 5am.

Will public transportation and for-hire vehicles be available during the curfew?
Yes. Transportation infrastructure such as bus, rail, and for-hire vehicles are essential under the ESDC guidance.

I am an essential worker. Can I stop by the deli/grocery/etc. to pick up food during my meal break?
Yes. If you are an essential worker and your meal break falls at some point between 8pm and 5am, you can pick up food from an essential business that sells food such as a restaurant or grocery store.

I am an essential worker who just got off work. Can I travel anywhere other than my home?
During the hours of 8pm and 5am, you are only permitted to travel from your home to your place of work and back home. However, if necessary, you may also stop to obtain medical supplies/prescriptions before and/or
after work.

I am an essential worker going to/from work. What sort of ID must I show if I am stopped?
There are no specific requirements for ID. A work ID, a business card, any other official documents, or even a work uniform will suffice to show that you are an essential worker.

I work in a non-essential industry/business. Can I travel to/from my workplace? Can I perform my work in public?
No.

I need medical attention during the curfew. May I leave to seek treatment?
Yes. You can and should seek medical treatment or supplies during the curfew.

I need emergency medical treatment during the curfew, what should I do?
Call 911. EMTs and first responders will continue to operate as usual.

Can I take my dog outside to use the bathroom?
Yes, but only in the immediate vicinity of your residence. Dogs should be exercised outside of curfew hours.

What happens if I violate this curfew?
We fully expect that all New Yorkers will cooperate in the interest of public safety. For the very few individuals that refuse to cooperate and do not fall within the exempted categories, they will be given every opportunity to return home. Only if an individual continuously refuses to do so will additional enforcement action be considered, including but not limited to fines.

Gateway Plaza Renewal Lease Info

The following info relates to renewal leases for market rate and rent stabilized tenants. We have seen press reports of NYC tenants negotiating with landlords for rent abatements, rent reductions or lease renewal rate modifications.  GPTA has no special insight into how COVID-19 will affect the NYC rental market, but historically during recessions, apartment rents go down, not up.  Whether COVID-19 causes a recession is anyone’s guess right now.  Depending on how a landlord views the COVID-19 economic impact, the landlord might be prepared to negotiate to keep tenants.  

Please note that GPTA does not provide legal advice, so if you need legal advice, please contact a lawyer.

We wish we could provide more concrete information.  Please check back here for periodic updates.

Thanks,
GPTA Executive Committee

Market Rate Tenants 
We are aware that market-rate tenants have been offered renewal leases at varying levels of rent increases.

GPTA is continuing to advocate for an extension of the current rent stabilization agreement so that it would cover all Gateway tenants.  As of now, however, no such extension agreement has been reached, and there is no assurance that we will be successful in extending rent stabilization protections to currently-market-rate tenants.  GPTA is also advocating for a COVID-19 freeze on rent increases for at least 4 months.  As with rent stabilization, we can make no assurances that we will be successful in obtaining a COVID-19 freeze.

Tenants facing lease renewals should be mindful of the deadline specified in the renewal offer for acceptance.  Typically, Gateway Management has required a response to its renewal offers within 30 days of the tenant’s receipt of the offer, but you should check your specific offer to make sure you understand the response deadline.  You should keep a note of the date you received the offer.  If your renewal offer cover letter is dated significantly earlier than when you received the offer, you may also want to save the envelope in which you received the offer if it bears a dated postmark.

Rent Stabilized Tenants
We are aware that currently-stabilized tenants with leases expiring after June 30 (when the current rent stabilization agreement expires) are being offered renewals at rent increases greater than that provided in the rent stabilization guidelines. 

GPTA is continuing to work with the Battery Park City Authority and our elected officials to secure an extension of the rent stabilization agreement.  As of now, however, no such extension agreement has been reached, and, although we are optimistic, there is no assurance that we will be successful in extending rent stabilization protections.  GPTA is also advocating for a COVID-19 freeze on rent increases for at least 4 months.  As with rent stabilization, we can make no assurances that we will be successful in obtaining a COVID-19 freeze.  

Tenants facing lease renewals should be mindful of the deadline specified in the renewal offer for acceptance.  Typically, Gateway Management has required a response to its renewal offers within 30 days of the tenant’s receipt of the offer, but you should check your specific offer to make sure you understand the response deadline.  You should keep a note of the date you received the offer.  If your renewal offer cover letter is dated significantly earlier than when you received the offer, you may also want to save the envelope in which you received the offer if it bears a dated postmark.


GPTA Board Delivers Donated Clothing

GPTA Board Members loading up donated clothing.

In the spirit of giving that characterizes the Gateway community, some of our GPTA Board Members gathered a couple of days after Christmas to deliver donated winter clothing to the Bowery Mission. The clothing had been collected for a few weeks in boxes in the 600 building lobby — so if you were one of the generous residents who donated, take comfort and knowing your items found a new home.

Gateway Management Office Hours

In the event that you did not receive the recent email from Gateway Management, we are posting here as a courtesy their stated office hours:

MONDAY 9:00 am to 5:00 pm
TUESDAY 9:00 am to 5:00 pm
WEDNESDAY 9:00 am to 7:00 pm
THURSDAY 9:00 am to 5:00 pm
FRIDAY 9:00 am to 5:00 pm
SATURDAY and SUNDAY CLOSED

Further, they provided links to the resident portal and online rent payment provider, ClickPay.

Airbnb Issues in Your Building? File a Complaint!

The Mayor’s Office of Special Enforcement (OSE) is an innovative, solutions-oriented task force that ensures NYC communities are safe from harmful illegal and unregulated industries that one agency and one set of enforcement tools alone can’t address.

If you see Airbnb or other illegal short-term rental activity in your building, you can file a complaint via the intake form.