Community board backs Phipps’ Sunnyside rezoning, despite tenant complaints
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Tenants have complained of vermin, mold and garbage issues at the Phipps Gardens Apartments in Sunnyside. Phipps is seeking to rezone a nearby property to build another affordable housing complex. Photo by Jim.henderson via Wikimedia Commons
By Rachel Vick and David Brand
A nonprofit developer facing heavy criticism from tenants at one of its apartment complexes in Sunnyside scored a big win in its pursuit of another Western Queens project Thursday night.
Queens Community Board 2 voted 28-12 in favor of a plan to rezone a parking lot property at 50-25 Barnett Ave. for residential use so that the organization Phipps Houses can build a seven-story, 167-unit affordable housing complex. The vote came two weeks after tenants in another Phipps property, the Phipps Gardens Apartments, detailed their problems with vermin, mold, garbage and stench during a public forum.
“They have let the building become an eye sore,” said tenant Mary Ann Joyce at the Nov. 19 virtual hearing, reported by the Sunnyside Post. “I don’t know why we should reward these people by allowing them to build another building.”
Community Board 2 members said they considered the complaints of tenants at other Phipps properties before making their decision Thursday, but determined that they could not reject the 167 units reserved for individuals and families earning below area median income, or AMI.
“Absent everything else, that land use question is a clear win, but we’ve learned a lot of serious concerns that residents and neighbors had about Phipps as a landlord,” said board member Ben Guttmann, a candidate for Council District 26 who voted in favor of the rezoning.
“It’s something that nobody took lightly,” he continued. “When we looked at the question we had to vote on, it’s something, personally, I couldn’t say no to. But I understand why you wouldn’t want to vote on this.”
Prior to the vote, Phipps agreed to lower the maximum income level in 66 units from 90 percent of AMI ($71,640 for an individual or $102,330 for a family of four) to 80 percent of AMI ($63,680 for an individual and $90,960 for a family of four). Phipps also created a plan to address specific issues in the Phipps Gardens Apartments over the next two months.
The rezoning proposal now goes before new Borough President Donovan Richards for his advisory recommendation ahead of a City Planning Commission hearing and final Council vote.
Local Councilmember Jimmy Van Bramer said he respects the community board’s decision but said he will not commit to supporting the rezoning proposal until he sees how Phipps upholds the action plan it submitted to the board.
“The vote in favor of the project was decisive as was the board’s desire to see even deeper affordability, which I support,” Van Bramer said. “Making sure that Phipps follows through with their action plan to help tenants at the existing Phipps buildings will be key as the project winds its way to the City Council for a final vote early next year.”
Assemblymember Brian Barnwell has opposed the rezoning, while State Sen. Michael Gianaris has criticized Phipps for the “uninhabitable” conditions at Phipps Gardens Apartments.
“The fact that you are currently asking for approval to expand your development onto a neighboring parcel is troubling if we can expect this record to be repeated at the new location,” he wrote this in a letter to Phipps on Nov. 30. “I ask you to do your job and ensure all your current and future tenants receive the quality housing they deserve.”
A rendering of the proposed development at 50-25 Barnett Ave. Rendering via Phipps
Under the existing proposal, all 167 units will be considered “affordable” because they will be reserved for individuals and families who earn below the area median income. The term affordable is relative when it comes to AMI in New York City because the calculation includes Westchester, Rockland and Putnam counties, which have higher median incomes than the five boroughs and inflate the figure.
A total of 25 units will go to individuals or families earning 40 percent of AMI ($31,840 for an individual or $45,480 for a family of four).
Another 25 units are reserved for families earning 50 percent of AMI ($39,800 for an individual and $56,850 for a family of four), 25 at 60 percent AMI ($47,760 for an individual, for $68,220 for a family of four) and 25 at 70 percent AMI ($55,720 for an individual and $79,590 for a family of four).
Phipps submitted an improvement plan to remedy several of the issues raised by tenants in the Phipps Gardens Apartments, who held a rally Wednesday urging CB2 to reject the rezoning plan.
In the plan, shared with the Eagle, Phipps specifically pledged to increase extermination services, hire a new porter, power wash laundry rooms, track repairs digitally and professionally clean garbage chutes twice a year beginning over the next two months. The company said that by Spring 2021 it will repave nearby asphalt, plant grass and shrubs, repaint the interior of the building and repair or replace apartment screen doors.
Community Board member Julie Won, another Council District 26 candidate, said the improvement plan was not enough to convince her to vote in favor of the rezoning.
“You could feel the emotions from the board members, who were caught between a rock and a hard place because everyone wants affordable housing but as someone who's experienced bad landlords, that’s not what you want for your community,” Won said
She said she observed conditions at the Phipps Gardens Apartments and did not want to reward the company by voting to approve the Barnett Avenue rezoning.
“These are things they should've taken care of a while ago — they should be held accountable and take care of the tenants they have before moving ahead,” she said. “It's hard to say ‘We can take your word and see you be good landlords all of a sudden.’”
Phipps did not respond to phone calls and emails for this story.
