Saturday, December 22, 2007

Cuomo Breathes New Life Into Real Estate Bureau

After more than two years of dormancy, the enforcement arm of Attorney General Cuomo's real estate bureau is being revived, Mr. Cuomo said in an interview yesterday.

The attorney general's office has put forward a bill that would raise the maximum fee for reviewing offering plans to $30,000, a 50% increase. If the bill, which would affect only larger developers, passes next year, the new revenue will be used to add staff to the Real Estate Finance Bureau.

Real estate attorneys say that, since 2005, they have been unable to get the office to follow through on complaints filed against developers who refuse to fix buildings with shoddy construction.

The attorney general's office has the authority to litigate and mediate disputes with developers who commit fraud under the Martin Act, the law that allows the office to investigate and prosecute companies that issue stock fraudulently.

But personnel in the enforcement section of the bureau were moved to the section that reviews offering plans, as the number of filings rose to nearly 1,000 in 2007 from about 300 in 2002, Mr. Cuomo said.

"The number of plans we are reviewing has grown, but our staffing has been flat," he said in a telephone interview. "I heard about it on the campaign trail from tenants and developers. … This problem is infuriating to all parties." Senator Owen Johnson, a Republican of Babylon, N.Y., and Assemblywoman Helene Weinstein, a Democrat of Brooklyn, sponsored the bill, which is still in committee. It has the support of the New York City Bar Association, the Real Estate Board of New York, and the Council of New York Cooperatives & Condominiums.



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source: nysun.com

Rental market shows some signs of weakness

Attention, holiday shoppers: There's a pocket of softness in the rental market.

For rental brokers, this means an offering of incentives unseen since 2005. Lately, landlords have begun enticing brokers with everything from iPods to "up to $30,000" worth of plane tickets, said Daniel Baum, chief operating officer at The Real Estate Group New York, a Manhattan-based brokerage.

Eager for tenants, landlords are also using a tactic associated with down markets -- they're now coughing up a month's rent. The owner-paid incentives can defray the fees a tenant will pay to secure a rental by more than half. Baum said instances have "gone up exponentially in the last six weeks."

Offering free rent is generally preferable to lowering the rent itself, which affects the capitalization rate, undermining a property's overall value, Baum added.

Craig Filipacchi, an associate broker with Brown Harris Stevens who specializes in rentals, hasn't seen landlords cover broker's fees since Rockrose Development did it 18 months ago, he said, though it doesn't surprise him that it's happening again.

"The rental market is pretty slow," Filipacchi said.

In part, that's because hot condo sales earlier in the year siphoned off potential renters.

"They (buyers) had to come from somewhere, and most likely, it was the rental market," said Jonathan Miller, director of research for Radar Logic, a real estate analysis firm.

Others of those condo buyers turned out to be investors who put their units up for rent, increasing apartment supply. Downtown, 15 Broad Street and 200 Chambers Street are two buildings cited by Filipacchi as being home to a number of units being rented out by their investor-owners.

"They're also putting downward pressure on rents," he said.

New rental buildings have opened too -- in Downtown alone, new rental properties include 88 Leonard Street, developed by Leviev Boymelgreen, which has 352 units, and 89 Murray Street, from Edward J. Minskoff Equities, which offers 170 units, studios to three-bedrooms.

In addition, 37 Wall Street has added 373 units, with studios to three-bedrooms priced from $2,000 to $6,000 a month, brokers said, and 45 White Street has added 40 units, Filipacchi said.

As a result of these supply-and-demand factors, prices have settled, though to what degree depends on whose data you use. (For more on how these numbers are calculated, see In a rental town, vacancy numbers stir debate).

In October, the average asking rent on a non-doorman studio in Manhattan south of 100th Street was $2,151, according to the Real Estate Group New York, down from $2,167 in September. Non-doorman one-bedrooms cost $2,991 in October, down from $3,036 the previous month, said the firm.

Citi Habitats, a larger Manhattan brokerage, shows that the average Manhattan rental in September cost $3,260, down from $3,295 in August, itself lower than July's $3,392.

"Landlords pushed the prices too high, too quickly and didn't account for the fact that they were reaching so far," says Baum.

Interest in constructing rentals has not been limited to Manhattan's tip, though it still seems to be concentrated among developers who have always preferred longer-term and relatively smaller-return investments.

Rose Associates, for example, recently cut the ribbon on Chelsea Landmark, a 38-story tower at 55 West 25th Street, near Sixth Avenue, which contains 407 studios to two-bedrooms, priced from $2,800 to $8,000. Ninety percent are leased, says Adam Rose, the company's president.

Indeed, rentals comprise half of Rose's portfolio -- about 10,000 units -- as the firm prefers "the dullest, slowest way to make money" over, say, condos, which are a "one-shot opportunity," Rose says.

Larger employment forces, like whether Wall Street continues to hire in droves, make future rental demand hard to predict.

But supply will certainly tick up over the next 18 to 30 months, says Clifford Finn, a Citi Habitats managing director, and that could further dampen prices.

For instance, Silver Towers, from Silverstein Properties, will offer 1,254 units at River Place II at West 42nd Street and 11th Avenue, in late 2008, he said. Across the street, a planned Moinian Group project will add about 1,100 units.

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source: therealdeal.net

Urban rehab: Nine cities confront change

The media these days can't stop saying that the cork is out of the housing bottle. Sure, the fizz is gone in many domestic markets. But the momentum didn't vaporize immediately. Projects still managed to get underway that are significantly altering the character of urban centers.

Fact is, across the country, private and public efforts have propelled renewal and reinvention in America's downtowns. Run-down and underused areas are being rebuilt into zones populated by the young and the middle-class.

This month's National Market Report highlights various ways in which the industry is getting aggressive in nine cities.

The trend in most cases builds on the cities' established identities, whether as an environmental leader (Portland, Ore.), a city of passionate sports fans (Boston), a government hub (Washington, D.C.) or a haven for celebrities (Los Angeles).

In Boston, nearly a billion dollars is being pumped into the area around Fenway Park to grow an around-the-clock community that has more to offer than tickets to the Red Sox. Housing, retail, dining and transportation upgrades are all in the works around the historic stadium.

Portland, meanwhile, long an environmental leader with more green-certified buildings than any other U.S. city, is adding new tricks to its repertoire. The city has been the first to list a home's environmental features as part of its multiple listing service, and the city council is set to decide on a tax early next year that will penalize private developers for not building green.

In the quest for renewal, some real estate markets are wrestling with more elemental problems. The wildfires that ravaged San Diego last month have homeowners and insurers wondering whether subdivisions on the city's scrubland fringes are viable, and have led to an uptick in interest in downtown living, brokers report.

Likewise, two years after Hurricane Katrina, brokers in New Orleans say
business there is returning to normal, but slowly. The number of agents is actually higher than before the devastating storm, as many newcomers dabbled in real estate to serve the returning residents who created a brief real estate bonanza.

Initiatives in Chicago, Columbus and Miami are changing aspects of their civic character, too. As you read these pages, you'll see that there's a reinvention and transformation happening in our urban centers.

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source: therealdeal.net

Hearst Tower retail space finally leases

A sign on the Hearst Tower's storefront indicates that a FedEx-Kinko's has signed a lease there, more than a year after the building opened.

Office tenants have been moving into the new glass and steel Hearst Tower at 300 West 57th Street Avenue since October 2006, but the large ground-floor retail space had languished until now.
Both Hearst and its leasing agent, Cushman & Wakefield, were not immediately available to disclose the terms of the lease. A FedEx spokesman contacted Friday evening could not immediately provide any information.

"It's at the crossroads, north of Times Square and south of Lincoln Center, and the retail in that area is more a discount image" said Faith Hope Consolo, chairman of retail leasing and sales for Prudential Douglas Elliman. She added that with new developments
coming up west and east of the building, the area is transitioning.

"My other feeling is that they were concentrating on finishing the building and getting everybody upstairs," Consolo said. "The retail was the last piece of the puzzle."

Consolo said that it is likely that the space sat without a tenant for so long because the area's retail market needs more time to establish itself.

"You could just pick up the phone and get a no-name tenant like a deli easily," Consolo said. "But to get a national or international company that is both a financial and aesthetic fit is a challenge." By James Kelly

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source: therealdeal.net

Carnegie Hall tenants blast renovation firm

The tenants of studios high above Carnegie Hall - where Marlon Brando and Leonard Bernstein once lived - were already angry about plans to evict them and gut part of the world-famous concert building.

They hit the roof after learning that the son-in-law of Carnegie Hall's chairman and major benefactor, Sanford Weill, had been hired for a $150-million renovation project there, with taxpayer money footing part of the bill.

But even with entertainers such as actor John Turturro taking up their cause, time may be running out for the 33 remaining residential and commercial tenants.


A court recently ruled in favor of Carnegie Hall Corp., and the residents are appealing.

"They'll do whatever they want with the space, once the artists are gone - it's kind of an artistic genocide," said Ashtiana Sundeer, a painter and longtime resident. "Why is it only on Weill's terms? He's using a corporate acquisition model which does not translate into an artistic, philanthropic environment. We artists become the collateral damage."

Weill, who until last year led the mammoth financial services company, Citigroup, says the contract to renovate the studio space above the hall for the hall's educational programs was given to son-in-law Natan Bibliowicz's firm because the Carnegie board considered it was the most qualified.

Bibliowicz had previously designed the $56-million Manhattan home of the Alvin Ailey American Dance Theater, where Weill's wife is chairman of the board.

"Sandy" and Joan Weill, who have donated tens of millions of dollars to both institutions, maintain that neither of them had any say in the selection of Iu & Bibliowicz Architects for either job.

Weill recused himself from deliberations about the architect, and did not cast a vote. The board considered one other firm whose name it would not divulge, and the selection was approved by the state agency that oversees a $5-million government grant for the project.

"Personally, I'm happy about the architect they picked - a very good one," Weill told The Associated Press in a Carnegie Hall interview last week.

Before the renovation can begin, Carnegie's management wants to evict the tenants still occupying the space, including seven longtime residents in their 80s and 90s.

Carnegie Hall promises to find new housing for these rent-controlled tenants that is as good, or better, than what they now have.

"We will treat everybody fine," Weill said. "We feel terrible about it, but ... our demands for growth have increased."

He says more than 100,000 children in New York and around the globe are benefiting from programs run by Carnegie's Weill Music Institute, which uses live satellite video feeds and the Internet to link some of the teachers and students, in addition to mostly in-person programs.

The tenants argue that the Scottish-born industrialist Andrew Carnegie, who opened the now landmark hall in 1891, later added the two towers and other rooftop studios with skylights specifically for the use of artists and musicians.

For more than a century, studios in the two towers - one 12 stories, the other 15 - have teemed with dancers, musicians, actors, artists and filmmakers.

By forcing out the tenants, they insist, Carnegie Hall is violating its founder's original intent.

Carnegie officials counter that there are no documents indicating the hall is legally obliged to rent the space to artists.

Carnegie Hall filed an eviction proceeding against the tenants in Civil Court, and a judge ruled in early December that the hall has the right to evict 18 commercial tenants; a decision on the residential occupants is pending.

The tenants challenged the legality of the evictions in State Supreme Court, where another judge said they don't have the authority to force the hall to keep renting to them; the tenants are appealing that case, too.

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source: newsday.com