HomeMy WebLinkAboutSubmittal at 01-20-2021 PZAB Mtg - Eastside RidgePz(46
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Infamous Podolsky brothers being investigated for
tax fraud: report
Hoteliers paid by city to house homeless may have hidden money to avoid taxes,
sources tell Wall Street Journal
TRD New York /
Jan.January 18, 2019 10:05 AM
Staff
Aladdin hotel at 230 West 54th Street and Stuart and Jay Podolsky (Credit: West 45th Street
Block Association and Getty Images)
They served five years probation for grand larceny and coercion in the 1980s. But now it looks
like the Podolsky brothers may have been committing financial crimes too.
Manhattan federal prosecutors are investigating whether hoteliers paid by the city to house the
homeless hid money to evade taxes.
Amsterdam Hospitality Group, the firm led by brothers Stuart and Jay Podolsky, allegedly hid
money in attorney escrow accounts, sources familiar with the federal investigation told the Wall
Street Journal.
Prosecutors are also looking into whether they overbilled subcontractors for repairs and then put
the excess funds into shell accounts, according to the Journal's reporting.
The brothers' company has received tens of millions of city dollars to house the homeless over
the last five years, in Manhattan hotels like the Aladdin Hotel, the Apollo Hotel and the Ellington
Hotel, sources told the Journal.
Records show the City paid the city paid $5 4 million in the fiscal year 2018 alone to house
homeless people at the Aladdin, near Times Square.
The city currently houses around 60,000 people shelters and hotels, spending about $384 million
annually.
The exact size of the Podolskys' empire is hard to pin down because they use a series of shell
companies to operate their properties and avoid the scrutiny of city officials and auditors, sources
familiar with the brothers' business practices told the Journal.
A spokesperson for the brothers said they were unaware of any investigation and maintained that
they never attempted to keep the family name out of the public record. "As with any large
company, a team of accountants, both in house and out, prepare the tax returns for the various
companies and individuals," the representative said.
The brothers and their company have been embroiled in controversy for decades, including
allegations from tenants and housing activists that their properties are unsafe.
In 1986, the Podolskys pleaded guilty to charges of grand larceny and coercion, after they were
indicted for using illegal means to force tenants out of apartments, including paying men to
harass and forcibly evict tenants.
The current probe into the Podolsky's business appears to be connected to the guilty plea of their
former employee, George Dfouni, in a wire fraud and tax evasion case in New Jersey last year,
according to the Journal. Prosecutors in that case that Dfouni he stole portions of payments that
he negotiated for the Amsterdam Hospitality Group while working there, embezzling nearly $14
million from the company. They also say that between 2007 and 2014 Dfouni didn't report $28
million in income to the Internal Revenue Service. [WSJ] — Decca Muldownev
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EXCLUSIVE: Shady real estate
clan at center of New York City's
plan to convert homeless
apartments into affordable
housing
By Michael Gartland
new vork Jails nc
Jan 20. 2019 7:56 PM
From left: Zenek Podolsky and sons Jay Podolsky and Stuart Podolsky are pictured in the 1980s.
(Obtained by Daily News)
The city's plan to convert nearly 500 "duster site" homeless apartments into affordable
housing hinges on acquiring 17 buildings controlled by the notorious Podolsky family,
known for years as one of the city's worst landlords, the Daily News has learned.
The deal which Mayor de Blasio announced in December and abruptly placed on
"pause" Friday — would involve the city financing the purchase of the properties at
market -rate prices. That could cost the city anywhere between $40 million and $60
million or more, based on an analysis of available records.
The Podolskys whose methods have included maintaining squalid buildings run with
rats, raking in millions of dollars from the city to house the homeless, and allegedly
forcing tenants from their apartments through intimidation — own dozens of properties
throughout the city, including hotels in Midtown.
Stuart Podolsky, an unidentified woman and Jay Podolsky are pictured Feb. 15, 1988. (Clarence
Davis / New York Daily News)
The Podolsky brothers, Jay and Stuart, are now under investigation for potentially
evading taxes, according to a recent report in the Wall. Street Journal. A spokesman for
the brothers said they are unaware of the probe.
A de Blasio spokeswoman said the city is "putting this deal on pause to conduct
additional appropriate due diligence," but declined to define the terms of that pause.
The administration also did not immediately respond when asked why the landlords, who
pleaded guilty to grand larceny and coercion in 1986, didn't raise hackles before learning
about the federal probe.
The cluster site properties in question are in the Bronx and Brooklyn.
Since announcing his plans in December, Mayor de Blasio and city officials have for
weeks kept the properties' locations and the landlord's identity a closely guarded secret.
City Hall officials have confirmed that only one landlord controls all 17 properties and
that they are in the Bronx and Brooklyn, but contend making any more information
public could derail the deal.
Among the 17 properties in question, four are located in Brooklyn, sources with
knowledge of some of the deal's contours told The News. Two other sources confirmed
the Podolskys have been negotiating with the city for months to sell.
The Brooklyn properties — 1629 Eastern Parkway in Brownsville, 135 Albany Ave. in
Flatbush, 594 Park Place and 1180 President St., both in Crown Heights — are all held
by shell companies, city records show.
Those limited liability companies all list the Podolskys' attorney, David Satnick, as the
primary point of contact, according to state records. They are also tied to two holding
companies, Tristate Realty Holdings and Amsterdam Hospitality, which are both family -
controlled shell companies. Satnick said he is not involved in the negotiations.
"I know there have been negotiations over the course of the year, but I don't know if
they're going forward," Satnick said. "Let's face it, the city can take it anytime they want
— whether it's through negotiating a price or through eminent domain."
Satnick declined to comment on specific property addresses.
Brooklyn buildings (from left) 1629 Eastern Parkway, 1180 President St., 135 Albany Ave. and 594
Park Place are all held by shell companies, city records show (David Wexler for New York Daily
News)
The Bronx properties — which include 941 Intervale Ave., 751 East 187th St. and 976
Tinton Ave. — are all linked to the Podolsky family through shell companies that list
Satnick as the primary point of contact
People living and working in the Podolsky-controlled Brooklyn properties offered scant
detail about the landlords because, according to some of them, they don't know who they
are.
Willie Badger, 74, said he's been the super at 1180 President St. for decades, but that he
doesn't know the building owner's name.
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He only knows of "manage.ment," the people who occasionally provide him with new
supplies. Those people, he said, are always different and always call from different phone
numbers.
For the past 10 years, about half of the units in the building have been used to house the
homeless.
"They're in some kind of program. A New York City shelter thing," he said.
The super at 594 Park Place, Akim Roseman, said he doesn't know the landlord either,
but heard about the city's plan to convert units into permanent housing from a tenant
caseworker. Saifur Khan of Amsterdam Hospitality, which manages the building,
confirmed a deal is in the works.
"I don't think they're buying," he said.
Officials have said the city has ruled out using eminent domain in this deal, but Mayor de
Blasio himself has floated the general idea, which could take years to finalize due to
likely court challenges.
During his most recent State of the City speech, de Blasio again touched on the prospect
of forcing landlords to forfeit property if they fail to rectify dangerous conditions.
At 594 Park, inspections are constant, according to Roseman. A search of city records
revealed there are four current open violations issued by the city Buildings Department
Boiler Division.
But that shouldn't come as a surprise.
In the world of New York real estate, members of the Podolsky family are known as
players with a checkered past. The farnily's now -deceased patriarch Zenek Podolsky was
born in Poland and, by his own account, survived the Holocaust through working for the
Gestapo as a welder who'd clean out the safes of fellow Jews sent to their deaths.
Zenek Podolsky is pictured at the district attorney's office after being indicted on May 2, 1984.
(Obtained by Daily News)
Zenek came to Brooklyn after the war and began to buy property in Coney Island.
In the '80's, the family set its sights on the Upper West Side, where prosecutors from the
Manhattan DA's Office found it hired "professional vacaters" to bring in "drug addicts,
prostitutes, thieves and other criminals" to.make living conditions so bad tenants would
flee.
Eventually, then -Manhattan DA Robert Morganthau indicted the vacaters and a dozen
landlords, including Zenek and his Jay and Stuart. The trio pleaded guilty to more than
two dozen felonies, with Zenek sentenced to 90 days in lockup, and his sons each getting
hit with five years probation and 250 hours of community service, according to the DA's
Office.
"They were pretty nasty in their interactions with tenants," said Larry Wood of the
Goddard Riverside Community Center, which was instrumental in bringing evidence
against the Podolskys to the DA's Office.
MOST READ
' The Podolsky brothers said through a spokesman they "agree with Mayor de Blasio"
that cluster -site housing should be run by non -profits, not landlords.
"We have worked with the city in an ethical and transparent manner for many years
providing housing for some of the city's most vulnerable populations," the spokesman
said. "That work continues today."
Politically complicating de Blasio's plan to convert cluster units to permanent affordable
housing is the fact that he accepted contributions from associates of the Podolsky clan in
the run-up to his 2013 mayoral victory.
DeBlasio ended up returning more than S4,950 from Alan Lapes, who has
managed Podolsky properties, campaign finance records show. But he held onto
more than S 10,000 in contributions bundled through Robert Hess, the now -
deceased founder of Housing Solutions USA, a non-profit also tied to the
Podolskys.
corridor news
Des giiPlaceapartment•buildings
maylook quaint to passersby, but
residents say units are rundown.
Design Place Tenants Get Tossed Out
Development project and pandemic a one -two -punch for residents
Erik Bojnansky
Biscayne Times Senior Writer
Vera De Souza insists she's
been a good tenant.
She's lived in Design
Place for the past eight years, and
for most of that time has never
missed a rent payment. That is,
until COVID-19 came along and
she lost her job as a restaurant
worker. De Souza's rental assistance
is still being processed, but in the
meantime her income is limited to
weekly $275 unemployment checks
and whatever money she can earn
selling homemade masks. On top of
that she is helping her daughter-in-
law, who also lives in the complex,
recover from a difficult birth.
De Souza said the property's ,
management told her they'd work
with her, just as they had months
ago when she first fell behind on
her rent. But just 10 days before
Christmas, she was served with an
eviction notice.
"Today, a guy knocked on my door
and gave me a paper," De Souza told
the Biscayne Times on Dec. 15.
She is not alone. Forty eviction
suits were filed by SPV Realty LLC,
the owner of Design Place, between
Aug. 14 and Nov 25. Of those 40
cases, 16 are still open. De Souza
said she'd been told that unless
management received some sort of
payment, she would need to leave
on Dec. 31, the date when the Center
for Disease Control's national mora-
torium on evictions on tenants with
a proven hardship was slated to ex-
pire. But the $900 billion emergency
package passed before Christmas
and reluctantly signed by President
Donald Trump late Sunday, Dec. 27,
includes rental assistance, enhanced
unemployment benefits and an ex-
tension of the eviction moratorium
to Jan. 31, 2021.
But many Design Place residents
aren't waiting to be evicted. They're
just packing up and leaving.
"We had so many people move
out of here since COVID hap-
pened," said Candice Ross, a call
center employee who works from
her apartment. "I know both of m
downstairs neighbors are gone.
we are seeing moving trucks ev
day now."
There are 512 apartment units i
Design Place, a 22.5-acre compl- : of
two-story buildings located at 5 u 45
NE 2nd Ave., just outside of Mi..'s
official Little Haiti district. Its a
place surrounded by white w
with only two entrances staffed
24-hour security. Within are trees,
gardens and plastic armchair sets
with large lamps on front lawns. But
even though the community projects
Plazas, retail and office spAce, and apar'finent units are
envisioned to replace Design Place in the future.
an external bohemian atmosphere,
tenants interviewed by the Biscayne
Times say the apartment buildings
are rundown and filled with mold
and pests.
Design Place's ownership is
controversial, too. SPV Realty LLC's
director is Sharon Olson, wife of Jay
Podolsky. Jay and his brother, Stuart
"My neighbor ... was
three months behind
in rent. [Management]
in "•' -e ter
until she left"
— Design Place tenant
Podolsky, have made hundreds of
millions of dollars leasing several
of their hotels to New York City for
use as homeless shelters. In January
2019, the Wall Street Journal report-
ed that the Podolsky brothers were
being investigated by federal pros-
ecutors for tax fraud. In the 1980s,
the two siblings and their father
pleaded guilty to 37 felony charges
after they hired "professional vaca-
tors" to intimidate tenants to leave
three of their Manhattan buil... gs,
ccording to a Novembe r 13 New
York
DESIGNED FOR DISPLACEMENT
Nevertheless, Design Place is among
the few nonsubsidized rental con-,
munities in the City of Miami that is
somewhat affordable. Rents for one -
bedroom, two -bedroom and three -
bedroom apartments range from
$1,200 to $1,600 a month.
One longtime tenant, who didn't
wish to be named for fear of retali-
ation, described the complex as a
friendly environment where people
from diverse backgrounds live peace-
fully together.
"You have hardworking families
here, college students, people who
work for the city, people who work
at minimum wage or at $12 or $13
an hour. You got lots of cooks, lots
of waiters, people who have small
businesses and work in health insur-
ance," the tenant said.
But that same tenant alleges
that Design Place's management
as grown more ruthless in recent
nths, pressuring some residents
to -aveiftheyfallbehindontheir
ren
ost of the people who live [here]
don' . ow about the CDC moratori-
um. ese are hardworking families,"
the to ant said. "My neighbor ... was
three . onths behind rent. [Manage-
ment] " timidated her until she left."
SP ' ealty isn't the only apartment
er that filed evictions with the
court in recent months. Thousands
of eviction proceedings have been
initiated by landlords across Miami -
Dade during two overlapping eviction
18 biscaynetimes.com
corridor news •••
moratoriums - the first enacted by
Florida Gov. Ron DeSantis in March,
the other by the CDC in September.
Still, SPV Realty did file the fifth
highest number of eviction cases of
any landlord in the county, according
to Alana Greer, a co-founder and the
director of Community Justice Proj-
ect, a Miami nonprofit that provides
legal services to low-income resi-
dents and community groups.
However, SPV Realty does have
plans to knock down Design Place
and replace it with a high-rise
project called Eastside Ridge, a 5.4
million -square -foot miniature city
with 3,300 apartment units and 418
hotel rooms, as well as offices, retail
and community spaces. The City of
Miami's Planning Zoning and Ap-
peals Board (PZAB) will hear SPV's
latest proposal on Jan. 20, 2021.
Stephen Hunter Johnson, an attor-
ney representing SPV Realty, denied
his clients were trying to "wipe out"
residents living in Design Place, dur-
ing an appearance at PZAB's Dec. 2
meeting.
"They are working with their ten-
ants," he said.
A. Vicky Leiva, another attorney
representing SPV Realty, told
members that when the project d
commence, apartment buildings
be demolished gradually and to
will be transferred to available
within the complex. Design Plac
residents also will be offered fin
cial assistance to relocate elsewhe
and they'll be invited to move into
Eastside Ridge, Leiva added, which
will include 75 affordable housing
units and 333 workforce apartments.
The rest of the apartments will go for
e
market rate.
But Greer said the development
agreement that SPV Realty has of-
fered to the city isfilled with loop-
holes and doesn't include a guaran-
tee that tenants will be able to renew
their leases once the project com-
mences.
"The tenant doesn't have the
power to renew a lease if the land-
lord doesn't want to renew it," she
explained.
As for the workforce units SPV
Realty offered, they're reserved for
individuals and families making up
to 140% of Miami -Dade County's
median household income, which is
$51,800 a year. Under Housing and
Urban Development guidelines, a
workforce one -bedroom apartment
can rent for between $1,133 and $1,851
a month, while a three -bedroom
workforce unit can be rented for
between $1,571 and $2,749 a month.
According to a City of Miami Plan-
ning Department report, the median
household annual income in Litde
H. % ensus trac e between
and $29,000 a year.
AN ICONIC CULTURAL ENCLAVE
SWALLOWED WHOLE
Eastside Ridge has been panned by
urban planners, affordable housing
advocates and vocal residents living
in Little Haiti, Buena Vista and the
Upper Eastside, who feel that the
project will swamp the region with
additional traffic, destroy the low-rise
character of the immediate sur-
rounding area and speed up the pa
o • entrification.
e future Eas..'.
ge also is
less than a mile away from the Magic
City Innovation District, a
proposed 82 million -square -
foot complex with 2,630
apartments and 432 hotel
rooms, along with offices,
civic spaces and retail. Ap-
proved by the Miami City
Commission last year, Magic
City was held up by a lawsuit
filed by a Little Haiti resident
for several months. That law-
suit was dismissed this past
November, enabling Magic
"This is not the time for
us to bring this mega
development forth, when
people are wondering
how they will pay their
rent and how they will
put food on the table."
- Marleine Bastien
City's team of developers to pursue
their phased development plan on 17
acres of land consisting of warehous-
e, vacant lots and the former Magic
Trailer Park at 6005 NE 2nd Ave.
eine Bastien, executive diree-
e Family Action Network
t (FANM), has long op
both e Magic City Innovation
ct and astside Ridge. (William
, the res}dent who sued to stop
tor 0
Move
pose.
Dis.•
Pe
agic City, is affiliated with FANM
and was rep}/esented by Community
Justice Project.) Bastien contends
that the two massive projects will
have a devastating effect on Little
H ' ' Besides the potential dfsloca-
on of hundreds of residents living
in Design Place, she said the two
projects are attracting land specula-
tors who buy up properties and make
it more expensive for working-class
residents and small Haitian -owned
businesses to remain in the area.
"We have a serious housing crisis
in Miami -Dade County ._ and this
pandemic has exacerbated that
crisis," Bastien said. "In the days
ahead, things will get worse. This is
not the time for us to bring this mega
Eleazar Melendez of the Biscayne Neighborhood Association and Pia
Palomino of FANM canvassed Design Place last month.
development forth, when people are
wondering how they will pay their
rent and how they will put food on
the table."
Edward "Ned" Murray, associ-
ate director of Florida International
University's Metropolitan Center,
agreed with Bastien's bleak assess-
ment. Murray said the city's Miami
21 zoning code allows developers
with more than nine acres to seek a
"special area plan" (SAP) to rewrite
their territory's zoning code. Devel-
opers usually use the provision for
massive zoning changes in exchange
for "community benefits" like parks,
improved roads or even financial do-
nations. But instead of helping neigh-
borhoods, Murray said that SAPs
end up destroying them. Once Magic
City Innovation District and Eastside
Ridge are built, Murray predicted that
"there will be no Little Haiti."
The website of the Magic City
Innovation District tells a different
story. It claims that 11,680 jobs will
be directly or indirectly created from
the project, as well as 930 short-term
construction jobs. Eastside Ridge's
website claims that 9,093 construc-
tion jobs will be generated during the
development phase, while another
2,281 permanent jobs will be forged
once the project is completed.
Then there's the money. As part
of a last-minute deal formulated by
then Miami City Commissioner Keon
Hardemon, Magic City's developers
will pay $31 million to the Little Haiti
Community Revitalization Trust,
which will use the funds to provide
economic development and afford-
able housing within Little Haiti. Leiva
said her client has offered to pay
$10 million to this fund. City Clerk
Todd Hannon has confirmed that the
board of the Little Haiti Community
Revitalization Trust has not yet been
assembled.
COMMUNICATION BREAKDOWN
But before Eastside Ridge can get
approved by the Miami City Commis-
sion, it has to receive some sort of
vote by the PZAB, and the PZAB has
been reluctant to give it. Since June
2018, the PZAB continued or deferred
Eastside Ridge at least seven times,
usually with demands that the devel-
January2021 19
corridor news
gn Place residentCandiceRoss`=
arid her 4 year -old son may relo
Cate to North Miami or North Miami
Beach, where it's"slightly cheaper."
opers meet with FANM and area resi-
dents. In November 2019, SPV Realty
sued the City of Miami, demanding
r d
denial of the project.
pril, SPV Realty's case was
dismissed. Six months later, two
community meetings were held on
Zoom, but they were sparsely at-
tended due to poor advertising and
the pandemic, Bastien complained.
Although SPV Realty did later agree
reduce the height of the build-
ing • • m 28 to 20 stories — o
demands for additional affordable
housing and community benefits
were ignored.
"This attitude of arrogance and
entitlement, the lack of concern and
complete disregard for the commu-
nity, is really horrible," Bastien said.
On Dec. 2, PZAB deferred a
decisive vote for the seventh time.
Instead, by a vote of 5 to 3, the board
directed Eastside Ridge's develop-
ment team to meet yet again with
FANM and area residents about the
possibility of housing Design Place's
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current residents at its present rental
rates, or lower. As of press time, such
a meeting has yet to be scheduled.
De Souza said she was never
informed by Design Place's manage-
ent that the owners wanted to
one the apartment complex and
lace it with a midtown Miami -
development.
They never tell me anything," De
uza said. "There is no communi-
tion. Everything is a surprise."
However, FANM community
organizer Pia Palomino and Eleazar
Melendez, a consultant from the
Edgewater -based Biscayne Neigh-
borhood Association (BNA), have
been visiting Design Place to inform
residents of their rights, and to find
out more about their plight.
Andres Althabe, director of the
BNA and a former PZAB member,
said his organization is concerned
about the prospect of mass evic-
tions at Design Place and other
apartment complexes in Miami.
And, he added, "I'm trying to help
the community in their relationship
with the developer, to see if they
can come up with the best possible
[plan].'
Ross hadn't heard about SPV's
plans to replace the complex with
high-rises until the Times told her.
"I mean, I think it is kind of ridicu-
lous ... They're already putting every-
body else out in this area," she said.
Regardless, she doubts she'll stay
past her lease.
"I personally don't think it's worth
the cost," said Ross, who pays
$1,600 a month for a two bedroom.
"It's OK. It's quiet. But there's
always something broken. The AC
constantly breaks down.... We have
a pest problem."
Ross suspects that many of the
tenants leaving are also annoyed
with the shabby conditions of their
units.
But, are there cheaper placesso
live? Ross isn't sure, but she said she
may try her luck in North Miami or
North Miami Beach.
"It's a little cheaper there," she
said. "At least slightly." l0
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