
Flatbush Gardens, where landlord David Bistricer has over 8,000 outstanding housing code violations. (Richard Nieva/The Brooklyn Ink)
By Richard Nieva
John Gillick is engaged to be married. When asked if he would stay at his apartment in the Flatbush Gardens complex in East Flatbush after the big July wedding, his initial response was a simple laugh.
“This is not the kind of place I’d want to raise a daughter,” he said.
Gillick comes home to his fifth floor apartment, at 1352 New York Ave., only occasionally nowadays. The 29-year-old patent lawyer spends most nights sleeping in his office in downtown Manhattan, relegating his Brooklyn apartment to the realm of storage space.
When he does come home, he enters the building with a magnetic key he must swipe several times before the door opens. The smell of marijuana smoke lingers in the hallway as he gets on the elevator. To get the elevator to work, he must pull the door shut from the inside using plastic ties attached to the window grate. The jutting sound of the elevator cart hitting the plastic ties can be heard as it travels to the fifth floor.
Gillick’s plight—which he insists is tame—is a common one for Brooklyn renters. On a recent watch list of the city’s worst landlords released by the office of the New York City Public Advocate Bill de Blasio, apartment buildings in the borough of Kings appeared 154 times, comprising over 40 percent of the entire list. Buildings owned by Gillick’s own landlord, David Bistricer, appeared 32 times alone.
Bistricer’s over 8,000 building code violations—including the non-functioning elevator door—suggests a flaw in the system: How can a slumlord get away with so many violations for so long?
According to de Blasio, the problem is an administrative one. When a landlord receives a violation, there are no strict enforcement policies for letting them pile up unaddressed. “We need to change the way violations are issued,” said de Blasio. “So they are more akin to parking tickets: you get a fine for a violation, and if you don’t fix the problem, the fine goes up.”
This leads to cases like Bistricer’s—with his thousands of infractions, including one I-class violation. These are violations in which there is a court order from a judge to correct them.
The other types of infractions are listed as A, B, or C class, and have stringent deadlines of their own—ranging from 90 days for an A class, 30 days for a B class, and 24 hours for the “immediately hazardous” C class.
Still, with no way of enforcing landlord compliance short of housing court proceedings, tenants like Gillick have little faith in the system. He described writing letters to Flatbush Garden management when he first moved in, asking for little things to be fixed. “And to be honest,” he said. “It was stuff I knew I wasn’t going to get.”
A Complex and Troubled Complex
Gillick’s relationship with Flatbush Gardens started a month and a half before he even moved in his first piece of furniture in 2008. Looking for a place in the borough after leaving his previous apartment in Brooklyn Heights (the two buildings are like apples and oranges, he said), he found Flatbush Gardens. But to his chagrin, he found no reviews online of the newly renovated complex.
Its glossy Web site featured smiling, young, interracial couples hand in hand with the Brooklyn Bridge in the backdrop. The marketing was simple: a haven for young urban professionals. Gillick—a Tampa, FL, native who prefers his bike to the subway—fits this description.
He started a blog to document his experience there—more for future renters than for himself. “It was the story that I wanted told when I was looking at the place,” he said.
And recently, he’s had to tell some difficult stories in his blog.
Two men were murdered in two weeks this year in late September and early October. Akeem Stephenson, 18, was gunned down after he refused to join the Crips, and Kenroy Smith, a 27-year-old father, was shot in the back of the head, due to mistaken identity, according to the New York Daily News.
Bistricer still hasn’t left the news. The landlord has a lease with the city, in which it pays him over $10 million a year for two Brooklyn courthouse buildings—all despite the almost $150,000 in violations he owes the city.
In November, folding to public pressure from the Public Advocate’s office, Bistricer paid off the $150,000 debt, though the building violations remain uncorrected. “We can use city business to compel landlords to do the right thing,” de Blasio said.
The controversies continue to pile up for Bistricer. He then tried—and failed—to evict a group of senior citizen tenants for apparent raucous partying and noise violations. Late last month, his management company locked out 70 maintenance workers over contract disputes, due largely to a proposed 34 percent pay cut.

A hole in the building exterior behind the complex's security and management offices, filled with trash. (Richard Nieva/The Brooklyn Ink)
Amidst the picketing and rallying that has taken place in front of the buildings since then, mounds of garbage have piled up in front of the complex. The city’s sanitation union has refused to collect trash as a show of solidarity to the maintenance workers.
The number of violations reported to 311—the phone number that dissatisfied tenants call to voice their complaints—has skyrocketed from about 7,600 to over 8,000 since the beginning of the lockout.
“I don’t know if there’s a correlation. That would be interesting to see,” said Kwame Patterson, a spokesperson for 32BJ, the union representing the workers. “I think the tenants are calling the city and complaining even louder than they have been.”
A Matter for Albany
As loud as they may be, though, their complaints could be falling on deaf ears.
State Senator Liz Krueger believes the solution is changing the system: setting up administrative tribunals through the city’s Department of Housing Preservation and Development to issue and enforce fines, instead of requiring lengthy and often toothless housing proceedings.
That means having landlords show up to expedited hearings in which they can make their claim—presenting evidence that the violations were inaccurate or have already been fixed. If they can’t do that, they are forced to pay the fines, said Sara Hale-Stern, Krueger’s district office director and main housing policy staffer.
“It’s a system with many, many loopholes,” said Hale-Stern.
Under the current law, a landlord gets a notice of violation from HPD, telling them the class of their infraction, and imposing a deadline to fix it. But after the notice is sent, that’s usually the end of it. Because housing court proceedings are so time consuming and expensive, very few cases actually make it to court.
“Landlords know that their chances of having to go to court or pay any fines are so small that the letters of violation are basically meaningless,” said Hale-Stern.
According to Title 27 of the New York City Administrative Code, class A penalties will cost a landlord between $10 and $50. Class B’s will cost $25 to $100, and $10 a day on top of the original price until the violation is corrected. Class C’s cost $50 per day until corrected.
Or, if conditions are bad enough, a building can be placed in the Alternative Enforcement Program, where the city takes on emergency repair work at the site. But only 200 buildings a year are eligible for the program, according to the Housing Maintenance Code.
But all of these numbers are theoretical, said Brent Meltzer, co-director for South Brooklyn Legal Services, which provides legal assistance to low-income individuals in the borough. A landlord can be issued these violations by the city, but there is no actual fine charged. A tenant must be taken to housing court in order for payment of those civil penalties to be enforced.
Still, de Blasio sees this as a problem. “Even when brought to court a landlord can still string out proceedings and argue down fines,” he said.
A landlord can owe millions of dollars on the books, and end up only having to pay a fraction, because the court usually settles for an “order to correct,” instead of enforcing the entire massive sum.
The tribunal system would resemble Chicago’s model, according to research by Benjamin Dulchin, executive director of the Association for Neighborhood and Housing Development, an umbrella association of city nonprofit housing groups. Dulchin has extensively explored the history of code enforcement in NYC, along with other major cities.
De Blasio said changing the system is about being able to go after those landlords truly determined to evade their responsibilities. “We still don’t have a sufficient number of tools,” he said.
A History of Resistance
Getting those tools is a perennial issue for Krueger, who introduces legislation to support this change every year, said Hale-Stern. The most recent bill proposal was the Tenant Rights Omnibus Act in 2009. The name refers to expanding the Omnibus Act, a series of legislation first enacted in 1954, which created government departments such as the Housing and Urban Development Department and the Urban Renewal Administration.
The bill faces consistent opposition from the Mayor’s office, which argues that the cost of initially setting up such a system would be too expensive. Hale-Stern said exact costs haven’t yet been analyzed, though she maintains the city would gain income in the long run, by having an effective system to collect housing code fines and saving money on emergency repairs done by the city.
Krueger took up the bill from former State Assemblyman and Environmental Conservation Commissioner—and then-Housing Committee chair—Pete Grannis, who first introduced the legislation in the late 1980s. Since then, mayoral administrations have opposed the upheaval of the structure.
Their closest advance in progress came in 2007, when Krueger’s office was in talks with then-Gov. Elliot Spitzer’s office. Language from Krueger’s bill made it onto the state budget, but after pushback from Mayor Michael Bloomberg’s office, the language was removed.

Standing water in the basement of one of the complex's 59 buildings. (Richard Nieva/The Brooklyn Ink)
Krueger is hoping that with the press attention, along with pressure from de Blasio’s office, the climate is right for another push. But Hale-Stern said the senator would not even bother trying to bring the bill to the senate floor without mayoral backing. She is open to compromise and tweaking the bill if it means getting support from the city.
Jon Furlong, a tenant advocate with the Pratt Area Community Council, said he supports the bill, but has reservations as to whether or not it would ever pass. “The landlord lobbyists are very powerful,” he said.
But others, such as Robert Rosenblatt, a Brooklyn landlord and tenant attorney, said the onus is on the tenants and that he thinks the law is fine as is.
“It may not work because people don’t know their rights and obligations under the law,” he said. “But if you know your rights and obligations it absolutely does work.”
Furlong agrees, but said he thinks the problem is deeper-rooted. He said the HPD is “well-intentioned, but understaffed,” and like de Blasio, calls for a streamlining of the enforcement process.
But even more deeply, he said the problem is internal for many tenants: “They’re resigned to the fact that this is just the way it is.”
Still Waiting
Michelle Williams is one Flatbush Gardens tenant who doesn’t settle for “the way it is.”
The 34-year-old tenant, originally from Trinidad, has lived in the complex for over 20 years, staying with her great-grandmother as a child before she died. She’s lived in three of the complex’s 59 buildings and recalls the pre-Bistricer era.
Williams, who has been the building captain in two of the three buildings she’s lived in, admits the environment is better than it was ten years ago, but she attributes it to the entire neighborhood’s growth and development.
“Management sucks either way,” she said. She remembers the shift from the old Vanderveer Estates name to Flatbush Gardens, and the external changes Bistricer made to make it look “pretty on the outside.”
“It’s just a change of hands,” she said, adding that the change between landlords was forgettable. About half of Bistricer’s violations were inherited from before he bought the building, according to de Blasio’s office.
Her biggest complaint is a large, dark watermark on her ceiling, presumably from a tenant’s leaking washing machine. The leak has also seeped and created damage to her wall. She fears the mold and paint chipping will harm her two small children, one of which is asthmatic.
Maintenance has addressed the problem many times, she said, but the mark keeps coming back. It’s been a year since she first noticed it.
“If you paint it and make it look pretty, eventually in a week’s time, it’s going to seep through again. And that’s what’s happening again,” she said, referring to the mark.
For her, it is an issue of pride in her home—unlike Gillick, who will begin looking for apartments in Manhattan as the wedding approaches. Williams, though, said it’s about feeling good in her home, and “in her own skin.”
“Be fair,” she said. “Give the people what they pay for.”