Many ‘Roberts’ tenants getting less money than expected

Alex Schmidt

Alex Schmidt

By Sabina Mollot
Many current and former residents of Stuyvesant Town/Peter Cooper Village who are members of the “Roberts v. Tishman Speyer” class action are getting less in damages than they were expecting.
Specifically, over 5,000 of them have had non-payment deductions taken out of their damages, as well as close to a third taken out for legal fees and expenses, and in some cases, with money also taken out for retroactive MCIs.

On Thursday, June 12, the overcharge payments from CWCapital were sent out, and those who received non-payment deductions will have 45 days to dispute those charges.
Tenants’ “Roberts” attorney Alex Schmidt said he plans to challenge the “NPD” claims for tenants who don’t think they’re accurate.
As for the reasons tenants got the non-payment deductions, he said he didn’t know since CW wouldn’t provide that information.
“We don’t have access to underlying evidence, so people who believe they’re wrong have to contact us,” said Schmidt.

However, out of the 5,000 non-payment deductions, more than half are for amounts under $100. Those cases may have been attributed to things like late fees or lost key charges, Schmidt guessed. “Collectively those things add up,” he said. “It’s up to the tenant if they feel $25, $50 or $100 is worth fighting for.”
A spokesperson for CWCapital declined to comment on the deductions.As for the major capital improvements (MCIs), it was former tenants who’ve been hit with those since the recent MCI settlement between CWCapital and the Tenants Association only includes reductions or eliminations of fees for current tenants.
“It doesn’t do anything for the former tenants,” noted Schmidt.

One former resident, Steven Zecca, commented on the Town & Village Blog about how he received a rather hefty MCI deduction.
“I received my check on Saturday, June 14th,” he said, “along with a third cut from the original damages amount, a non-payment deduction for back rent of $118 and over $1500 for retroactive MCIs…Stuytown resident from May 2010 through August 2013… Anyone have any idea how these retroactive MCIs work and what I was charged for?”

Schmidt said that attorneys investigated and learned that the law does permit CW to charge retroactive MCIs to former tenants.

Out of a $173 million settlement for tenants in apartments that were illegally deregulated by former owners Met Life and Tishman Speyer, $68.75 million is being paid out to tenants. The rest of the money is in the form of rent savings. “Roberts” tenants and former tenants who were owed money from when Met Life was the owner of Stuyvesant Town/Peter Cooper Village were paid at the end of 2013.
Damages range per person with some getting a minimal payout of $150 and others getting thousands.
The payments are being made from different pools out of the $68.75 million, with the pool of former tenants owed money by CW being the biggest. Schmidt has said tenants could expect to see 100 percent of what they overpaid as calculated by the settlement formula minus legal fees (around 30 percent).

In response to receiving a number of complaints from confused tenants, Council Member Dan Garodnick said he’d asked Schmidt’s firm, Wolf Haldenstein, to send tenants “a complete explanation to address these issues” and soon. And, he added, the firm has agreed.
“It’s apparent that a significant number of people got a deduction that didn’t expect it,” said Garodnick, “and they deserve clarification on what’s going on.”

Correction: The article was changed to reflect the fact that the pool of former tenants is the biggest, not the current tenants, and current tenants could see up to 100 percent of their damages.

Advertisements

2 thoughts on “Many ‘Roberts’ tenants getting less money than expected

  1. Hey guys. I’m trying to get in touch with folks about their Roberts checks for one of the daily papers. I’m eager to hear your stories about successes, continued difficulties, and what you might be spending this windfall on. Please email at stuytownchex@gmail.com or call 541-514-0938.

  2. The 34% reduction in payments was a shock to all of us. The negotiated settlement was barely acceptable with a full payout. Wolf Haldenstein claims that a “higher than expected rate of participation” resulted in an underfunded pool, thus claimants could only be paid 66% of the damages we were told we would receive. A law firm that doesn’t calculate the pool based on a presumed 100% participation rate is either grossly incompetent or has been corrupted. We need an audit and transparency. We demand an investigation into why the pool was not calculated to provide adequate funds to pay all claimants at 100%.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s