Crown Heights Pandemic Rent Strike Rages On, Despite New Landlord

CROWN HEIGHTS, BROOKLYN — A pandemic rent strike started against the city's "worst landlord" is raging on in Crown Heights — even though the notorious owner sold the complex months ago.

Tenants at 1616 President St. who held a rally this week say mold, water leaks and other dangerous conditions in the complex still haven't been fixed, despite infamous landlord Jason Korn — who topped the Worst Landlord Watchlist two years in a row — selling the building to new owners Gilman Management Corporation last fall.

Meanwhile, new landlords claim they've worked hard to fix inherited problems, only to be shut out by mistrustful tenants.

The conditions have most recently led tenants' lawyers to try and get rent canceled at the building under a rule that lets tenants stop paying when hazardous violations haven't been fixed for at least six months.

"Tenants here are still getting water coming down on them, they still have to deal with mold every day," said Patricia Edwards, one of two tenants who appeared in court on Tuesday. "I'm sick and tired."

For their part, new landlords say the rent strike — which includes 10 of the two dozen tenants — has hindered plans they had to fix up the building when buying it in September.

Gilman has tried for months to fix all violations, but have not been let into the 10 apartments where tenants are on strike. Just Wednesday, a plumber and a plaster repairman who showed up for an appointment at one apartment were turned away, their attorney David Graber told Patch.

Meanwhile, Gilman has "turned the building around tremendously" in apartments not involved in the strike and has fixed building-wide issues like the roof and basement since buying the complex in September, Graber said.

"I represent some bad landlords, I hate to say, but this is not one of those," Graber said."[Gilman] buys buildings that are in distress and they fix them up, that’s what they do. To have absolutely zero cooperation is like banging your head against the wall."

Records shared with Patch show Graber has offered tenants' lawyers a plan to eliminate 24 months of rent for tenants using the Emergency Rental Assistance program and has asked a judge to order tenants to allow access so Gilman could make repairs.

Tenants at the rally admitted they have refused to let Gilman's workers into their apartments, fearing they will make shoddy "patch-work" repairs as the previous landlord did.

Edwards said Tuesday that previous landlords spent years simply painting over constant leaks, cracks, mold and other dangerous conditions in her apartment since she moved in 20 years ago.

"[Gilman] is asking to do the same," she said. "I’m not going to let him do anything like that again."

Lawyers have said they are holding out for a plan for building-wide repairs with the new landlords, though Gilman contends they need to be able to assess the conditions in the apartments to do so.

In the meantime, they are pursuing rent cancellation cases for several tenants.

Tuesday's court date — which ended with a postponement to later this month — came after the building's tenants association raised enough money for two residents, Edwards and Trista Ince, to pursue canceling their rent.

To bring what is known as a "rent impairing violation" case in housing court, tenants are required to first pay any rent they've been withholding from their landlords because of the conditions, usually at least six months worth, lawyers told Patch.

Lawyers contend all 24 tenants at 1616 President St. are eligible for their rent to be canceled, but have so far only been able to bring a few cases to court.

"This requirement unjustly restricts working class tenants, many who even before the government shut down the economy, were living paycheck to paycheck with no option to deposit tens of thousands of dollars with the court," lawyers said.

The rent cancellation cases are only the latest in a years-long legal battle surrounding the complex, which also has a case pending with the Department of Housing Preservation and Development, who cited Korn for harassing tenants and not fixing violations last year.

Korn was also ordered last year to pay $235,000 for failing to maintain six other buildings, including four in Brooklyn.

At the 1616 President St. building, there were 254 open violations with HPD as of Wednesday, including mice, roaches, mold and problems with floors and windows, records show.

Ince, who moved in five years ago, said she's dealt with water problems, mice, bed bugs and had to take her son to the hospital after finding lead in her apartment.

She said this week the rent strike won't let up anytime soon.

"We’re sticking by it no matter what," she said. "We’re going to push through."