City Councilwoman Alicka Ampry-Samuel (D-Brownsville, Crown Heights, Bedford-Stuyvesant, East Flatbush), who chairs, the council’s Committee on Public Housing, said yesterday that Manhattan Federal Judge William Pauley’s decision on Wednesday denying the consent decree for a federal monitor to oversee management of the city’s troubled public housing authority (NYCHA) was disappointing but understandable.
“I am disappointed in Judge Pauley’s decision to reject the Consent Decree after months of deliberation and countless testimony from residents and advocates. It is now mid-November and the residents of NYCHA still suffer from the same level of neglect and disrespect. Although the funding, mandates and necessary commitments listed in the agreement did not meet the actual needs of the residents, I hoped the judge would be able to incorporate feedback received when rendering his decision,” said Ampry-Samuel.
Pauley cited the agreements vague housing reforms and lack of action as reasons for denying the agreement.
“The court does not reject the proposed consent decree lightly,” Pauley wrote in his 52-page decision. “But as it stands, the proposed decree suffers from fatal procedural flaws, including its formless injunctive relief and enforcement mechanisms,” as first reported by the NY Daily News.
The consent decree is the result of a years long investigation from the Manhattan U.S. Attorney’s office that first started in 2015, and followed a cascade of scandals at NYCHA including falsified lead paint inspections, ongoing mold issues and repairs that were covered up rather than completed.
The lawsuit filed against the authority alleged that between 2010 and 2016, at least 19 lead-poisoned children were found to have been exposed to deteriorated lead paint in their public housing apartments. The suit also noted the heating crisis last year that left over 80 percent of residents without heat or hot water.
As part of the agreement a federal monitor was to be appointed to have the power to make sure NYCHA complied with all local, state and federal laws and regulations requiring that public housing apartments be maintained in safe and healthy condition.
This was a major sticking point for Pauley, when making his decision, who doubted the monitor’s ability to make actual change.
“The proposed consent decree’s indefiniteness as to NYCHA’s obligations and the enforcement mechanism forecloses approval of the settlement at this juncture,” he wrote. “The concerns over vague enforcement mechanisms are fully animated in this case.”
Ampry-Samuel, although disappointed with the decision, did note she thought it was fair in that the agreement needed stronger reforms.
“After taking a first read through the 53 page Opinion and Order, I understand the judge’s reluctance to approve an agreement that did not include the overall language and protections needed to truly benefit the residents and communities in the long run,” added Samuel.
While Pauley rejected the agreement as written, he did order all sides to file a joint status report with the court by Dec. 14 explaining how they wish to go forward including updating the court on whether NYCHA is now in compliance with the decree.
“I hope over the next 30 days, all parties will come back with a more appropriate agreement and eventually name a federal monitor that will work to ensure public housing that is safe and clean and where decision are made with the voice of its people,” said Samuel.
On Wednesday Berman said he was reviewing the decision and would provide an update to the court as required.
The decision seemed to not phase the Mayor who has made affordable housing one of his major platforms in his administration.
“This decision will not affect the record investment Mayor de Blasio has dedicated to reversing decades of divestment and mismanagement of public housing. For the sake of NYCHA’s residents, this Mayor’s reforms – including those outlined in the consent decree – will not stop and will not slow down. We will, at the same time, be responsive to the Court, and we look forward to continuing to partner with the United States Attorney to improve conditions in public housing,” said the Mayor’s Press Secretary Eric Phillips.
According to the New York Times, De Blasio is now considering bringing in private landlords to run the public developments which house about 400,000 residents – something he has vowed in the past he would never do.
