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New York City Department of Housing Preservation and Development

NYC Housing Overseer Let Towers Misspend $163,862, Stay Unsafe

Summary

New York's state comptroller found the city's housing department let three Mitchell-Lama towers -- 1,076 income-restricted apartments in Manhattan, the Bronx, and Brooklyn -- spend $163,862 on bonuses, gratuities, and unsupported expenses while self-closing fire doors failed, mold spread, and mice got into a day care classroom. Auditors also flagged $4.6 million in contracts with no proof of competitive bidding or written city approval, and $327,514 in rent lost to units left vacant for months.

By Marcus Aurelius · July 21, 2026

New York's state comptroller found that the New York City Department of Housing Preservation and Development (HPD) -- the agency that oversees the city's Mitchell-Lama affordable-housing program -- let three developments spend $163,862 on bonuses, gratuities, and undocumented expenses from January 2019 through December 2024, while self-closing fire doors failed to latch, mold spread through occupied apartments, and mice got into a day care's classroom at one of the towers.

A 1955 affordable-housing program HPD is supposed to police

Mitchell-Lama is a 1955 New York State program that trades low-interest mortgages and tax breaks for income-restricted rents; HPD, described in the audit as "the nation's largest municipal housing preservation and development agency," supervises 92 of these developments citywide -- about 46,787 apartments. Owners hire private "managing agents" to run each building day to day, and HPD's job is to confirm those agents keep the buildings safe and spend development funds only on development business. The comptroller sampled three: Clinton Towers in Manhattan (397 units), Evergreen Gardens in the Bronx (358 units), and Tivoli Towers in Brooklyn (321 units) -- 1,076 apartments in all, run by three different management companies.

Hazardous conditions the overseer never caught

Under New York City's Administrative Code, a self-closing fire door that fails to latch is a class C "immediately hazardous" violation, and the owner has 14 days from notice to fix it. Auditors found exactly that failure at all three towers -- broken doorknobs and missing lock components keeping stairwell fire doors from closing -- plus crumbling facades, holes in a building foundation, and units with mold and water damage; taken together, that whole category of hazardous conditions is required to be corrected within 21 days or less. At Evergreen, 22 of 35 sampled units had hazardous conditions; at Tivoli, 10 of 32. At Clinton, a day care leasing commercial space reported an ongoing mice infestation, and auditors photographed droppings on the classroom floor, in a book closet, and on traps placed under radiators while children were present. None of the three developments gave HPD or the auditors the annual individual-unit inspection reports the program's rules require -- meaning HPD had no paper trail showing it knew what state these apartments were actually in.

Unrelated or unsupported spending
$163,862
found across 3 developments, Jan. 2019-Dec. 2024
Contracts without competitive bidding or HPD approval
$4.6M
no documentation of required bidding or written sign-off
Rent lost to long-vacant units
$327,514
units sat empty 120+ days at Clinton and Tivoli
Unrelated-to-Operations or Unsupported Spending, By Development
Sampled transactions, January 2019-December 2024
Clinton Towers (Manhattan, 397 units)
49,845
Tivoli Towers (Brooklyn, 321 units)
80,061
Evergreen Gardens (Bronx, 358 units)
33,956
Source: NY State Comptroller, Report 2024-N-4 (Jan. 2026), pp.14-16
View data as table
Clinton Towers (Manhattan, 397 units)49,845112 of 226 sampled transactions -- mostly non-mandated bonuses, gratuities, and holiday spending.
Tivoli Towers (Brooklyn, 321 units)80,06126 of 138 sampled transactions -- bonuses, gratuities, and unsupported repair/legal/security payments.
Evergreen Gardens (Bronx, 358 units)33,95628 of 200 sampled transactions -- bonuses plus unsupported repair, tech, and heating expenses.

Bonuses and gift-shop spending at buildings already losing money

The $163,862 breaks down as non-mandated bonuses and holiday gratuities to maintenance staff, porters, and superintendents ($39,449 at Clinton, $53,793 combined at Tivoli), plus expenses auditors couldn't match to any invoice or canceled check. Clinton's tab included $932 spent on "food and drink" for its board of directors -- while the development ran a net loss before depreciation in each of the three years auditors checked and carried about $4.1 million in unpaid bills as of June 2025. A separate, earlier HPD audit had already told Clinton's superintendent to stop using a personal credit card for building purchases; this audit found $9,551 in reimbursements still going to him for personal-card charges through June 2024.

Rent Lost to Long-Vacant Units
Units vacant more than 120 days, Clinton and Tivoli
Tivoli Towers -- 10 units (6 vacant over a year)
264,878
Clinton Towers -- 5 units
62,636
Source: NY State Comptroller, Report 2024-N-4 (Jan. 2026), p.18
View data as table
Tivoli Towers -- 10 units (6 vacant over a year)264,878As of July 24, 2024, Tivoli had 16 vacant units; 10 sat empty 120+ days.
Clinton Towers -- 5 units62,636As of Dec. 12, 2024, Clinton had 8 vacant units; 5 sat empty 120+ days.

$4.6 million in contracts with no bidding trail, and $4 million in unpaid rent

HPD's own rules impose two separate checks on big contracts: bids and services worth $100,000 or more need competitive bidding and written city sign-off, and any vendor whose payments reach $100,000 in a year has to be reported to HPD, even under an existing contract. Auditors couldn't find bidding or approval documentation for $4.6 million in contracts across the three developments -- including an $811,350 boiler-service contract at Evergreen -- and separately found that all three developments had paid a vendor over the $100,000 notification threshold without ever telling HPD, including a $579,810 repair contract at Clinton, $180,561 for fencing at Evergreen, and $161,631 for building supplies at Tivoli. Meanwhile, the buildings were also losing money on the other end: vacant units at Clinton and Tivoli cost $327,514 in rent no one collected, and the three developments together were owed nearly $4 million in tenant arrears, most of it more than 90 days overdue.

HPD's Acting Commissioner, in a written response included in the audit, said the agency agreed with most of the recommendations -- many already underway -- and that the report gave incomplete credit for preservation financing at Tivoli specifically: an approximately $55 million refinancing that closed in June 2022 and roughly $13 million in supplemental City capital subsidy that closed in September 2024, both funding facade, roof, elevator, and plumbing work HPD says mostly predated or overlapped the audit fieldwork. The comptroller's office said it reviewed and considered that explanation before finalizing its findings. The audit gives HPD 180 days from its release to report back on what it did with the recommendations -- a deadline that fell in mid-July 2026.

  • $163,862 in bonuses, gratuities, and undocumented spending at three HPD-supervised Mitchell-Lama towers, Jan. 2019-Dec. 2024, while fire doors failed and units went unrepaired.
  • $4.6 million in contracts across the three developments had no HPD-confirmed competitive bidding or written approval on file, including an $811,350 boiler contract at Evergreen Gardens.
  • $327,514 in rent went uncollected from units at Clinton and Tivoli left vacant more than 120 days -- some for over a year -- while the developments' combined tenant arrears ran to roughly $4 million.
  • None of the three developments gave HPD the annual unit-inspection reports its own rules require, so the agency had no documented way to know hazardous conditions -- mold, broken fire doors, a day care with a mouse infestation -- existed until the comptroller's team visited in person.

This audit is a non-statistical, judgmental sample of 3 of HPD's 92 Mitchell-Lama developments citywide; the comptroller's office says its findings cannot be projected onto the other 89. No individual tenant, maintenance worker, or superintendent is named in the underlying report or here -- financial findings are attributed to "management" and the private managing-agent companies (P&L Management, Nelson Management, and Stellar Management), and hazard findings to HPD's oversight of those companies, not to any named employee. HPD's full written response, including its account of capital financing the audit didn't detail, is part of the source document.

Sources(1) ▾
  • Office of the New York State Comptroller, Division of State Government Accountability, New York City Department of Housing Preservation and Development: Physical and Financial Conditions at Selected Mitchell-Lama Developments (Report 2024-N-4) (2026-01-15)State Comptroller Thomas P. DiNapoli's audit of HPD's oversight of three sampled Mitchell-Lama developments (Clinton Towers, Manhattan; Evergreen Gardens, Bronx; Tivoli Towers, Brooklyn), covering January 2019 through April 2025 for physical conditions and January 2019 through December 2024 for financial transactions. Documents hazardous physical conditions, $163,862 in unrelated-or-unsupported spending, $4.6 million in contracts lacking competitive bidding or HPD approval, $327,514 in lost rental income from long-vacant units, and roughly $4 million in tenant arrears, plus HPD's full written response. osc.ny.gov · original document
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