Not many tenants are challenging ‘Roberts’ non-payment deductions

By Sabina Mollot

Alex Schmidt

Alex Schmidt

Although over five thousand ST/PCV residents and former residents had non-payment deductions taken out of their “Roberts” damages checks, so far, it looks like only dozens are attempting to try to get that money back.

As of Monday, July 21, only 78 people had filed to object to CWCapital’s claims that the owner was entitled to the money. This was one week from the deadline to object, July 28.

Alex Schmidt, tenants’ attorney in “Roberts v. Tishman Speyer,” said he isn’t expecting that there will be too many additional objections before time is up since people with objections don’t typically wait until the last minute. As for why more tenants aren’t challenging the deductions, Schmidt guessed this is because more than half of the deductions were for amounts lower than $100 and that in other cases, tenants may have just been aware they owed the money.

At this time, Schmidt said he doesn’t know how much money tenants are fighting to get back or what kind of payments are in dispute. Attorneys won’t be calculating the total until all the challenges are in, since CWCapital has said it won’t negotiate until then.

Susan Steinberg, chair of the Stuyvesant Town-Peter Cooper Village Tenants Association, said the Association has heard from a number of tenants concerned about the accuracy of their deductions. However, the TA doesn’t know how many people went on to challenge them.

In addition to the 78 objections, Schmidt said 30 former tenants who were mistakenly paid from a pool of money intended for the distribution of damages to current tenants have also submitted claims. This is because current tenants had 30 percent of their damages taken out for legal fees and expenses. Former tenants meanwhile, got 110 percent of their damages (before MCI deductions) since there was more money left over in that pool due to fewer people filing. Schmidt said that is currently being corrected.

Former tenants hoping to fight their MCI (major capital improvement) deductions may have a tougher time, since, according to Schmidt, the owner is entitled to the money. It’s different, he said, if the former tenant thinks they might have been calculated improperly.

“Roberts” plaintiffs who want to challenge a deduction can do so by contacting the Berdon Claims Administration, either by email through the contact link on the BCA website, www.berdonclaims.com, or by calling (800) 766-3330.

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