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Kessner owns nearly 60 buildings and over 1,200 units, housing approximately 5,000 New Yorkers, most of them within blocks of one another in El Barrio. The empire has drawn the attention over the years of the Daily News, El Diario La Prensa, and numerous other media outlets, focusing on his bad buildings, which currently carry an astonishing 3,975 code violations. But it's Kessner's good buildings that raise the most profound questions.
His company R.E. Group has a two-tiered portfolio of propertieswell-maintained, gentrified properties located painfully close to rattraps occupied by poor, mostly Latino, families. It's the palpable differences in demographics and service that make it clear that Kessner is a slumlord by choice. He knows how to make a building work, but sometimes he simply decides not to.
Voice visits to buildings that Kessner recommended we take a look atsuch as 102 East 116th Street and 244 East 117th Streetrevealed that residents are likely to be young and either single or with small families. One white, middle-aged tenant at the 117th Street building says: "I decided to move here because it was cheap for Manhattan prices. The broker advertised it as a 'transitional neighborhood' and urged me not to worry because 'everyone in the building has a job.' " The broker for Kessner's company is Vertical City Realty, which shares the same address, 1790 Third Avenue, and is owned by Kessner's son, 29-year-old Adam.
The best evidence of the two-tier portfolio is right across the street from this building. At 231 East 117th Street, Voice visits to eight apartments found far more severe conditions and twice as many violations173, some quite serious. Tenant Guillermina Reyes says: "I have always paid my rent, but when I need things fixed they tell me that it's me and my family ruining the apartment. This past winter I went up to two days without heat and hot water and my kids got sick." Another tenant, Florencia Aguilar, told us that her four-year-old daughter's skin was burned when water leaked from the light fixture in her bathrooma problem that her calls to Kessner hadn't resolved even a month after the complaint. Other tenant complaints at this building include holes in walls, chipping paint, falling ceilings, malfunctioning sinks, broken stoves, and intermittent availability of heat and hot water during the winter. All of the tenants the Voice visited in this building were Latino, whereas the well-maintained building across the street is ethnically mixed, with some Latinos and some whites.
HPD spokesperson Neill Coleman notes that Kessner's buildings "have thousands of housing maintenance code violations" and says, "HPD has used every tool in its enforcement arsenal, including legal action, to get Kessner to carry out his responsibilities as a building owner and to maintain his buildings up to code. Tenants should not have to live in the conditions HPD inspectors have found in Kessner's buildings." HPD has brought suit against Kessner and his managing agent, Anita Benitez, on numerous occasions in the past two years. Kessner's buildings recently tallied 640 C-level violations, defined as "immediately hazardous," and 2,595 B-level, or "hazardous," violations.
Steven Kessners empire includes 231 East 117th Street, with rusted sinks, and improved properties for higher- income tenants right across the street.
photo: Giulietta Verdon-Roe
Haro sees Kessner's attempt to use overcrowding as a pretext for refusing to repair apartments as an unacceptable excuse to get out of his legal responsibilities as a landlord. "It is an anti-immigrant act," Haro argues. New East Harlem councilmember Melissa Mark Viverito has met with members of the Movement for Justice and is co-sponsoring the Healthy Homes Act, a bill designed to strengthen the city's powers to pursue slumlords. Both Viverito and State Senator José Marco Serrano reject Kessner's refusing repairs in response to supposed illegal overcrowding. "That is not the right way to go," says Serrano, claiming that overcrowding is "another issue altogether," and that it does not "give him the opportunity to ignore" his obligation to make repairs.