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PACT Top Story 

Mold and Leak Protections for PACT Developments

Vincent Echavaria

NYCHA and Metro IAF affiliates Manhattan Together and South Bronx Churches, the plaintiff organizations in the Baez v. NYCHA litigation, announced on December 23 they have reached an agreement, subject to Court approval, that will provide robust protections to residents against mold, leaks, and other excess moisture in NYCHA buildings that are transitioned to private management under the Permanent Affordability Commitment Together (PACT) program.

“This agreement is a further step to ensuring NYCHA and its partners operate and manage all properties in a way that provides safe and quality housing to all of our residents,” said NYCHA Chair and CEO Greg Russ. “PACT has already brought in nearly $1.8 billion toward capital improvements, and we are pleased to have reached this important agreement that will ensure NYCHA residents possess the rights and protections that they deserve to have.”

This agreement will help ensure mold, leaks and other excess moisture are handled properly through key mechanisms, including:

  • Providing access to the independent Ombudsperson Call Center (OCC) for all residents of PACT-managed buildings. A highlight of the Baez Revised Consent Decree for Section 9 housing, the OCC has already worked with NYCHA to achieve mold and leak repairs in thousands of NYCHA apartments, and continues to do so.
  • Requiring mold, leaks, and other excessive moisture conditions to be properly fixed within 30 days of receiving a complaint. This timeframe can only be extended if it is warranted by the specific circumstances of the complaint. Both NYCHA and court-appointed experts will be able to object if they believe a requested extension is not warranted.
  • Oversight by, and collaboration with, court-appointed experts, including an Independent Data Analyst, PACT-specific Independent Mold Analyst, Ombudsperson, and Special Master, to ensure repairs are done effectively.

“This agreement strikes a critical balance, which, if approved, will be a real benefit to tenants in RAD/PACT buildings,” said Rev. Getulio Cruz, Jr., a leader in Metro IAF. “It gives PACT developers the freedom to fix mold and leaks as works best for them, so long as those repairs are done properly and within thirty days. The agreement also gives all tenants access to the OCC and other protections. We are very excited to submit this agreement to the Court.”

Tawana Myers, a Metro IAF leader and resident of the Linden Houses, which is about to be converted to PACT management, stated: “This agreement will ensure my neighbors and I have the help we need to make sure mold and leak repairs are done right, every time.”

The Baez litigation is a 2013 class-action lawsuit brought by Manhattan Together, South Bronx Churches, and a class of NYCHA residents to compel NYCHA to address persistent mold and leak issues within NYCHA buildings. A 2018 Revised Consent Decree established NYCHA’s current standard procedures for the treatment and remediation of the root cause of mold and excessive moisture within buildings owned and managed by NYCHA. On April 12, 2021, after finding that the Revised Consent Decree did not cover residents in buildings that convert to the PACT/RAD program, the Court directed NYCHA and the Plaintiffs to draft an agreement that includes these residents as part of the Baez class.