Taywan Powell and each Board member were invoiced the attached invoice on Sept.11th; I have not heard from any of you. I want that racist person in 3D, and Taywan Powell out 309. Because of our safety, we have asked the Board several times to remove the person in apartment 3D from our building. We are ignored. This illegal tenant is racist and violent. I observed when he chased shareholder Eva Buchmuller up the stairs ready to attack a few months ago. We called the police and my blood pressure went way up. I already had a stroke and I require peace and silence. The Board has agreed the person in 3D is a racist.  It is established that the Board protects racism and violence in this building. THE PERSON IN 3D IS DANGEROUS AND HE DOES NOT BELONG IN THIS BUILDING; WHY IS THE BOARD PROTECTING AND  COVERING FOR HIM? Even though "..the statute explicitly prohibits any net income or earnings of the corporation to inure to the benefit or profit of any private individual..." (Guidance on Housing Development Fund.) The Board has agreed they installed Taywan in 3D illegally to collect rent like a private investor. Taywan has never lived in the building; Taywan lives in Long Island. We do not tolerate noise, music, or weekend parties in violation of the bylaws, Title XI, and HPD's Coop Sheet. The Board installed Taywan in apartment 3D and knows that Taywan games the system; that he does not need an HDFC apartment; and that he may violate NY State and IRS tax laws. TAYWAN AND HIS RACIST TENANT HAVE TO MOVE OUT OR EACH BOARD MEMBER AND TAYWAN WILL BE INVOICED $1000 A DAY STARTING OCT 3RD.

​

The invoice was sent to each of you Mon, Sep 11, 10:29 AM. After 21 days on October 3rd and every day thereafter each of you will be invoiced $1000.00. I want Apt 3D empty and clean and the keys delivered to me by October 3.

You have been warned again.

..................................................................................................................................................................................................

 

                Thomas W Maxwell_Apartment 3D of 309 E 4 Street

                               Email sent August 21, 2023 Regarding Tomas Maxwell who remains homeless, sent to:

​

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Emily Leng <eleng.nysenate@gmail.com>,Eric Pretsfelder <pretsfelder@uhab.org>,"mcdonald uhab.org" <mcdonald@uhab.org>

eva buchmuller <evabuchmuller@gmail.com>,Margy Brown <brown@uhab.org>,"Mompoint, Patrice (HPD)" <MompoinP@hpd.nyc.gov>,
Osvaldo Architect Valdes <architecture10009@gmail.com>,debra@goles.org,"Alao, Keisha (HPD)" <AlaoK@hpd.nyc.gov>,
"Miranda, Ariel (HPD)" <mirandaa@hpd.nyc.gov>,Thomas W Maxwell <thomaswmaxwell2023@gmail.com>,"Lugo, Edwin (HPD)" <lugoe@hpd.nyc.gov>,SinacoR@hpd.nyc.gov,SolomonN@hpd.nyc.gov

​

Hello Emily, we apologize that this reply to your email could not be sooner. Perhaps you missed it but we have addressed the issue of the Regulatory Agreement several times with HPD and UHAB. Sections VII and VIII of the attached 309 Certificate of Incorporation with Patrice Mompoint of HPD. And we have asked questions regarding the Regulatory Agreement of Ms. Brown and Eric Pretsfelder of UHAB but they are all unable to or refuse to answer our questions. You and the Attorney General have been copied on the relevant correspondence. I enclose unanswered questions from a 5/22/23 email to Ms. Mompoint:

"According to section VII of the Certificate, the Regulatory Agreement was entered in 1986 with HPD as it was "authorized to enter into an agreement." There is no authority for UHAB to have entered into a Regulatory Agreement with 309 four years later in 1990. Can you please explain what is going on here? UHAB not only lacks the authority to enter into a Regulatory Agreement but refuses to answer questions or be a trustee or project administrator. Please, see attached "NYC Agencies Gone Wild". What is the agreement, and relationship, between HPD and UHAB? How is the 309 Coop part of this agreement, if any? Who is the real Trustee and project administrator for 309 since it is not UHAB?"

As we have explained, we do have a regulatory agreement, however, we think it is not with UHAB as that agency does not appear to have the authority to enter into an agreement with 309. We have established that UHAB is not a trustee or a Program Administrator; the evidence is that these paid trustees have told us beneficiaries to hire our own lawyer. Apparently, we are here for UHAB's benefit. As we read it, our regulatory agreement is with HPD, and while HPD, in turn, has an agreement with UHAB, there does not appear to be a connection between UHAB and 309. HPD's 'Fact Sheet For Cooperative HDFC Shareholders of September 2019' is disregarded by HPD, UHAB, and the 309 Board. Why? We have explained to UHAB several times that voting for a new board is impossible in this building for obvious reasons; UHAB conveniently pretends to misunderstand what we explain to them, and repeatedly. We don't think that they judiciously read our emails if they did would they have agreed to a Private Contract? When we spoke to Eric Pretsfelder he didn't know the case, and tried to pull the wool over our eyes; he was talking to us while reading the affidavit. Mr. Pretsfelder seems bright but is no attorney, and does not understand that an affidavit sworn under penalty of perjury is evidence. He embarrassingly repeated that it was just our opinion. He also stated that he would show our documents to an attorney; this never happened. Senator Kavanagh who claimed to be an attorney seems to have a similar misunderstanding regarding affidavits. On the other hand, you, and everyone at UHAB have painted this issue a spat between tenants. We believe that all of you view our questions as annoying, that we do not have a right to ask; that, as we have stated, your wish is that we disappear. We did not vote for any of you. You all claim to be some kind of public servant but seem most disinterested while treating us like you're doing us a gigantic favor.

 

You suggested helping us in...

 

1- Organizing and or conducting an annual election.

1a- As all of you know, most shareholders do not live in the building, many live out of state. It is not only unfair to us living in the building but illegal for these absentee tenants to vote as shareholders. They don't have a primary residence in the building or live in the state. Can you please explain why this is not significant to Senator Kavanagh? These shareholders so-called have defaulted several times on the public record as per (a) our House Rules and (b) HPD's Fact Sheet, i.e. government documents. To date, Senator Kavanagh, HPD, and UHAB ignore this and will not address the problem hoping that we remain silent and don't upset their paycheck.

 

2- Hiring a managing agent to assist with financial transparency and restructuring.

2a- Absolutely, we accept all technical assistance. When can we expect this managing agent to start?

 

3- Review your governing documents.

3a- Yes, absolutely. We need clarification on the 309 House Rules, the Rent Stabilization Code, HPD's HDFC coop fact sheet, the NYC Building Department especially the C of O for 309, the 7/16/15 Memo from the State of NY Real Estate Finance Bureau, paragraph (a) of the 1987 deed as detailed above, the attached 309 Certificate of Incorporation file No. B408463-8, the Private Housing Finance Law Title XI, and the CFR Title 24, Subtitle A, Part 92, Subpart A. We especially need help with the IRS and the State of New York tax documents, specifically section 44 of the PHFL: "In determining whether the portions of housing developments will be so occupied, the agency may consider and rely upon the fact that the housing developments will be occupied by persons and families in accordance with requirements for the interest on obligations issued to finance them to be exempt from taxation pursuant to section 103(b)(3) or 103(b)(4)(A) of the Internal Revenue Code of 1954,  3 as amended." We especially need help with the 1990 Regulatory Agreement, as we have asked many times, we need to find the definition of "Program Administrator." What are their duties? Where does such an Administrator derive their authority from? Where can we find the agreement of November 1987? Well, we have a long list. In the meantime, can you or the Senator find out why Ms. Mompoint and Ms. Brown refuse to answer all questions related to the Regulatory Agreement?

 

4- Attending shareholder training.

4a- A lot of these so-called shareholders have not had a primary residence in this building in years, a few have never lived in 309. Some of them rent their apartments at a profit. We are curious how you and UHAB define "shareholder" when most of them don't live in the building and are in default. Yes, they probably have corporate shares but they cannot use a corporation to beat us over the head with it, game the system while hiding and profiting from the same corporation. This is illegal how come you don't know this? Why don't any of you care? 

 

In regard to the period of fifteen (15) years you cite, you might read paragraph (a) of the 1987 deed, mainly that, "the provisions of all laws, codes, statutes, ordinances, acts, rules and regulations of any local, state or federal government, or any agency or subdivision thereof, having jurisdiction, or any violation of same, existing at the time of delivery of this deed." There are many things that are illegal in this building. Do you really want to hear it again?

 

As you know, we are in the process of exhausting our administrative remedies so that we may go to the Federal Court. We want the people in this building who are in default of the building bylaws, of the Rent Stabilization Code section 2520.11(k), in violation of HPD's HDFC coop fact sheet, people who have never had a primary residence in the building, who bought shares in an HDFC to live somewhere else (Florida, New Jersey, Long Island, Connecticut, etc.), and who rent their apartments as private investors for a profit benefiting of the various tax breaks designed for legitimate shareholders of the HDFC to move out and return the money to the 309 HDFC. Why is this so difficult for you and Program Administrator, so-called, to understand? To date, we have not received any help from UHAB, HPD, the NY AG, or from you, or the Senator. We have an Affidavit of Final Default detailing the 309 Board's transgressions that remain unanswered and misunderstood by convenience.

 

In reference to paragraph (a) of the 1987 deed, and as per the attached NYC Building Department's C of O (Block 374-Lot 65), it appears that our building has never been in compliance with the NYC building code; this is serious as someone had to lie in order to get the required fire insurance. Did they? For example, the basement is missing its occupancy designation. Shouldn't there be a designation and a fire separation between the basement that contains the gas-fired boiler and the rest of the building's J-2 occupancy? There are holes in the basement's ceiling thus making any fire separation null and void. I have brought this to the attention of the Board. Why are we staring at bare wood studs peeking out of the ground-floor stair firewall? Where is the basement fire door, and the closer? Can we be guaranteed that there is a fire separation around the walls and ceiling of the Boiler Room? What is the required door label for the boiler room? Where is the door closer? How about the label on the door to the basement? Why do all of the apartment doors lack the required label and a closer? Is the 309 Board, HPD, and UHAB aware of these violations? Why not? Isn't their job the safety of the people? Wasn't HPD directly involved in the final building inspection? Why aren't they aware of the suspect C of O? Who was the architect? Who signed the final inspection without door labels in any of the apartments? Without fire separation between floors? Neither the 309 Board nor the agencies seem to care for our safety. The Board in default, and certain members who do not have a permanent residence in the building, know that UHAB and HPD do not enforce their own statutes and that these agencies look the other way. When did HPD stop enforcing the NYC Building Code? And, isn't the mission of HPD to “maintain building and resident safety,” that “every New Yorker deserves a safe, affordable place to live.” Really? Does this apply to Thomas W Maxwell who sleeps on the NYC sidewalks? How did Ms Brown the Project Administrator or the Commissioner of HPD decide that Harvy Wang, who for years is renting an HDFC apartment, or the Mezias Brothers who don't live in New York state, are more important than Maxwell sleeping on the NYC sidewalk? Our treatment in the form of volumes of unanswered correspondence from UHAB and HPD is a testament that our concerns and safety do not apply. Why is it that we have not received the (probably falsified) rent rolls from HPD by now? Is Keisha Alao and Patrice Mompoint so utterly busy at HPD? It appears that UHAB and HPD are more interested in protecting and helping the 309 Board 'game the system', to install 309 Board family members as absentee, private investors. Please read all the documents, and make an effort to understand that we have explained the tax fraud, and the scam of the Board in installing their friends and family. Perhaps HPD, UHAB, and apparently you and the Senator, are not interested in understanding., it's easier that way.

 

Thomas W Maxwell is homeless and in need of a place to live. As per our emails of April 21 and March 24, everyone agreed to the terms of the Private Contract (https://ovarchitects.wixsite.com/private-contract). The 309 Board was noticed on Jan 20, 2023, by affidavit that: "Taywan Powell of apartment 3D where he does not live and has been absent, renting his apartment for NINE YEARS with board consent...does not need an HDFC apartment and is in default according to your own law." And for a third time on January 27, 2023, Mr. Powell defaulted as per the 309 house rules and HPD's 'Fact Sheet For Cooperative HDFC Shareholders'. In a certified letter on 03/02/23 to NY Governor Hochul and Senator Kavanagh, we noted that, "The Board supports and condones Shareholders who are in default and that do not live in the building warehousing, and renting their apartments while living somewhere else partaking of the special HDFC tax laws." 

 

We pay for your service(s), office space, email, phone service, salary, and for your office space. Why else do you think you are employed? In spite of any illusions you may be operating under we do not get anything from you for free; it is not charity work that you do. In spite of this, we have asked several times for the email address of Commissioner Adolfo Carrión Jr., Ahmed Tigani, AnnMarie Santiago, and Maurice Dobson, each time however we have been denied or ignored by Keisha Alao and Patrice Mompoint; please, Keisha and Patrice be so kind as to send this email to them with proof to us in five days that this request was carried out and their reply if any as per clause 4c of our Private Contract. We are not the ones gaming the system or fleecing the tax agencies, New Yorkers, New York State, and the Federal government. We are not lawyers, however, it appears that there exist multiple violations that public servants at HPD and our purported Project Administrator Ms. Brown intentionally ignore. Violations of the 309 House Rules, UHAB, and HPD rules. The 1990 Regulatory Agreement, the 7/16/15 Memo from the State of NY Real Estate Finance Bureau 1. Paragraph (a) of the 1987 deed as detailed above, the 309 Certificate of Incorporation file No. B408463-8. There seem to exist violations of the Private Housing Finance Law Title XI. Of the IRS statutes, and of the State of NY State Department of Taxation and Finance regulations. There appear to be violations of CFR Title 24, Subtitle A, Part 92, Subpart A, among others. Since Taywon Powell has never lived in this building and bought an HDFC apartment to illegally profit from the rent of his tenants, it is obvious that Mr. Powell does not need an HDFC apartment. We hereby claim along with Mr. Thomas W Maxwell apartment 3D of 309 E 4 Street. In 21 days from receipt of this email, please have the apartment 3D clean, clear, and ready to deliver the keys to Mr. Maxwell. Failure to secure the apartment will result in a $15,000 initial fee and a $1000 per day fee to each of you until delivery of the apartment is made as per clause #27 of the Private Contract. You all voluntarily chose to join the Contract, and perhaps this is evidence that you did not read our emails judiciously. Under the Private Contract, you waive all Constitutional rights and protection (except the right to contract). You have no corporate protection. Amounts are in gold/silver coins (unless otherwise agreed) since you are for now government employees; all monies go to the homeless. If you force us to take this case to go to Federal Court you will be invoiced beforehand as per our Private Agreement. This is a private communication, please act accordingly.

 

Best,

 

Eva Buchmuller, shareholder
Osvaldo Valdes, tenant
all rights reserved

 

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