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Ground Zero Funds Often Drifted Uptown
Money Also Went to Luxury Apartments

By Michael Powell and Michelle Garcia
Washington Post Staff Writers
Saturday, May 22, 2004; Page A01

http://www.washingtonpost.com/wp-dyn/articles/A46524-2004May21.html

NEW YORK -- Six months after the Sept. 11, 2001,
terrorist attacks, Congress approved an $8 billion
program to repair this city's damaged office towers,
build apartment buildings and finance the rebirth of
the financial district.

But two years later, city records show that much of
the money, dubbed Liberty Bonds, has gone to
developers of prime real estate in midtown Manhattan
and Brooklyn and to builders of luxury housing.

Local and state officials -- over the objections of
their own downtown development chief -- gave one
developer $650 million from the Liberty Bonds to erect
an office tower for the Bank of America near Times
Square, miles from the shattered precincts of Ground
Zero. According to city records, another developer got
$113 million to build a tower for Bank of New York in
Brooklyn. One of the few projects downtown has gone to
actor and sometime developer Robert De Niro, who
picked up nearly $39 million from the bonds in
November to build a boutique hotel in Tribeca,
directly north of Ground Zero.

Congress designated $1.6 billion of the Liberty Bonds
for rental housing. Nearly all the money from those
bonds has gone to prominent developers to build luxury
apartment towers in the neighborhoods around Ground
Zero, accelerating its transformation into one of New
York's richest neighborhoods, the city records show.

Local political leaders, urban planners and
neighborhood residents have sharply criticized these
spending choices, saying that wealthy developers
shouldn't need subsidies to build office towers in
midtown -- where private construction is booming -- or
luxury housing downtown. The new luxury towers will
contain just a small percentage of apartments for the
tens of thousands of moderate-income residents who
live in Lower Manhattan.

"Explain to me why helping Bank of America build a
tower on one of the most expensive pieces of property
in the world is a good use of these moneys?" said
state Sen. Liz Krueger, whose district encompasses
42nd Street at Sixth Avenue, where that tower is to
rise. "We've gotten free federal money and, instead of
building affordable housing, it's become a race
between the most powerful groups in the city to claim
it."

In the frenetic months that followed the terrorist
attacks, Congress worked fast to assemble financing to
rebuild the area around Ground Zero. In a rare move,
Congress allowed private developers to receive
proceeds for commercial projects from interest-free,
tax-exempt bonds sold on the municipal bond market.
While the Liberty Bonds were backed by the federal
government, state and local officials selected the
projects that would receive the money.

Congress put few conditions on the Liberty Bond
program, but the program's advocates said the
intention was clear -- and it was not for luxury
apartments and commercial projects far from the site
of the World Trade Center. In fact, the program
stipulated that New York's governor and the city's
mayor had to deem a downtown project "not feasible"
before diverting money for use elsewhere in the city.

"We didn't put a lot of strings on the Liberty Bonds,
but more should have gone for jobs and affordable
housing," said U.S. Rep. Carolyn B. Maloney, (D-N.Y.).
"A lot of this money has been spent on projects that
fit the letter of the law but not the spirit."

The city's Industrial Development Corp. was designated
to hand out the commercial Liberty Bonds. The
corporation's executive director, Barbara
Basser-Bigio, said that city and state officials
wanted to jump-start the broader city economy and that
some of the projects would not have been built without
the assistance. "Our top priority is to create office
space," she said. "We are looking to stimulate the
economy through the creation of jobs and enhance
business districts throughout the city."

New York officials also say that critics are missing
the urgency felt in the weeks after the attacks to
retain businesses in the city, especially Lower
Manhattan, which remains the nation's third-largest
central business district.

"Downtown was hemorrhaging in those days," said Carl
Weisbrod, a former top city development official and
now president of the Alliance for Downtown New York.
"It was critical to stabilize the residential and
commercial communities."

'Rebuild, Renew, Enrich'

The first recovery aid began to flow to New York in
the weeks immediately after the terrorist attacks. The
Bush administration tapped $3.5 billion in community
development block grants, a federal program usually
reserved for economic development in poor communities.
Of this money, $300 million was quickly directed to a
program to retain companies tempted to flee from
downtown Manhattan. Auditing firm Deloitte & Touche
got $17 million, Bank of Nova Scotia got $3 million,
and Bank of New York received $40 million. American
Express got $25 million even without threatening to
leave its 3 World Financial Center home. Other federal
money intended for small businesses ending up going to
investment-house brokers and traders.

In March 2002, Congress started to move beyond this
initial emergency patchwork and created the Liberty
Bond program. (This week the Senate approved an
extension of the Liberty Bond program, and the
legislation is now headed to the House.)

City officials applauded, saying the bonds would spark
the redevelopment of downtown. "The Liberty Bonds will
rebuild, renew and enrich Lower Manhattan," Gov.
George E. Pataki (R) said at the time.

Myriad agencies are involved in the effort. The Lower
Manhattan Development Corp., a joint state-city
agency, has taken the lead in the rebuilding but was
given no power over the Liberty Bonds. Separate city
and state development agencies -- including the city's
Liberty Development Corp. and the New York City
Industrial Development Agency -- sell the bonds and
provide the proceeds to developers.

The corporations' records show the agencies gave $400
million from Liberty Bonds to World Trade Center
leaseholder Larry A. Silverstein to rebuild an office
tower near Ground Zero, which he is doing even though
he has no prospective tenants. The state set aside
money for a downtown convention center and gave
funding to De Niro and his partners for their
six-story, 83-room boutique hotel 10 blocks north of
Ground Zero.

But the commercial market downtown continues to
sputter. The vacancy rate today hovers at 15 percent,
more than twice what it was four years ago.

By the middle of 2003, no other developers had stepped
forward to build downtown, city officials said.
Officials at the Lower Manhattan Development Corp.
argued for holding the Liberty Bonds in reserve and
waiting for the downtown market to pick up.

But city and state development officials who
controlled the Liberty Bonds turned their eyes
elsewhere and provided funding for the Bank of America
building and the Bank of New York office tower.

Developer Bruce C. Ratner, who is constructing the
bank building, has also received $243 million from
Liberty Bonds for the construction of a tower for Pace
University and New York University Downtown Hospital.
Media tycoon Barry Diller received preliminary
approval for $80 million to build the corporate
headquarters for his company, IAC/InterActiveCorp.,
which includes Ticketmaster, in the Chelsea
neighborhood.

John C. Whitehead, the chairman of the Lower Manhattan
Development Corp., criticized those awards, saying
that Congress did not intend the Liberty Bonds for the
more prosperous precincts of midtown. He told the
corporation board last year that the bonds eventually
"will be needed for the World Trade Center site itself
and the surrounding area."

Rental Market Subsidies

The parceling out of $1.6 billion in Liberty Bonds to
finance luxury housing has proved no less contentious.
The downtown housing market slumped briefly after
Sept. 11 but then swiftly rebounded. Today
three-bedroom apartments near Ground Zero rent for
$6,500 a month -- and sell for more than $1 million.
Manhattan residential occupancy rates -- more than 95
percent -- are higher than before the terrorist
attacks, according to real estate statistics.

Yet the state and city agencies that award the bonds
-- the New York State Housing Finance Agency and New
York City Housing Development Corp. -- awarded nearly
all the residential Liberty Bonds to subsidize the
rental market.

Common Cause New York reported that 30 percent of the
state's residential share of Liberty Bond proceeds
went to Leonard Litwin, who is a major campaign
contributor to Pataki.

State housing officials said that political favoritism
played no part in their decisions and that loans were
handed out "on a first-come, first-served basis."
Litwin, they say, had projects in the works and simply
got in line when the Liberty Bonds came available.

"Market rents had gone down, and it was a market
necessity," said Gary Jacob, a vice president of
Glenwood Management Corp., Litwin's real estate firm.

Many urban planners doubt the economics of this
argument, noting that Litwin put up a huge equity
share in these projects, an indicator of his good
financial health. But these planners save their most
furious criticism for the state's Housing Finance
Agency, which decided to waive its own guidelines
requiring that developers who get public bonds set
aside 20 percent of the apartments for families with
low or moderate incomes.

Instead they required that Liberty Bond developers
designate just 5 percent of the apartments for
families of moderate income, which is defined there as
$80,000 a year for a family of three.

A year ago, Mayor Michael R. Bloomberg laid out his
master plan for rebuilding Lower Manhattan, saying he
wanted to preserve its economic and residential
diversity. But Deputy Mayor Daniel L. Doctoroff, who
has overseen much of the development, now says that
goal is difficult to achieve.

"It's an admirable goal to have a mixed-income
community, but maybe over time it's shifting," he said
in an interview, adding that affordable housing in
downtown Manhattan requires a deep subsidy. "Maybe
this isn't the best use of scarce dollars," he
continued. "We have to look at the trade-offs."

Surveys have shown that many residents want the
federal recovery money used not just for affordable
housing but also for economic development, schools and
parks in downtown Manhattan.

"I constantly wonder what Congress will make of our
lavish subsidies for some of the wealthiest
neighborhoods in the country," said David Dyssegaard
Kallick, an economist and senior analyst with the
Fiscal Policy Institute, a think tank funded by
foundations and labor. "It just seems shocking."


© 2004 The Washington Post Company


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directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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