I’ve got a demolition order for you right here…

September 19th, 2008 by liprap

Read here first: Mayor Nagin Hates Neighborhoods

Then ask yourself this: if it is so easy now to get a demolition order pushed through, which building would YOU like to have go first?

I’m thinking 1300 Perdido Street.

Any other suggestions?  Put ‘em in your comments below.

Now’s the time to push this through, people.

Liprap

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Road Home Deadline

August 11th, 2008 by Loki
With approximately one month’s notice of the state’s Sept. 5 Road Home Program deadline, thousands, including low-income homeowners in desperate need, could permanently lose the chance to receive federal rebuilding funds from the program that was supposed to help them get back home.

Please join in calling for the State to rescind the deadline by signing the petition here, http://justiceforneworleans.org/roadhome/ (NOTE: you have to scroll down a little to see the text that pops up for each of the links).

We hope that the City of New Orleans will be joining us too -  Councilmember Fielkow will introduce a resolution on Wed. at the Disaster Cmte. meeting (2pm City Council chambers) calling on the State to rescind the deadline - the resolution is currently circulating with other City Council members.  By signing the petition, you will also be supporting the resolution.  The resolution is posted at the web link above.

There is also a link for “Sponsoring Organizations” — if your organization supports rescinding the deadline and the proposed resolution, please sign your organization.

All Congregations Together (ACT) will be sponsoring a press conference before the City Council meeting on Wed. at 1pm on the steps outside City Hall !!

The state of Louisiana must rescind the Road Home deadline. All of Louisiana’s homeowners deserve a fair chance to receive their federal rebuilding funds. The state should not impose this global deadline on homeowners especially when it recognizes that its own contractor ICF has not properly performed.

PLEASE SPREAD THE WORD ON THIS - THANK YOU.

Davida Finger, Staff Attorney
Loyola University N.O. College of Law
Office: 504.861.5596
Fax: 504.861.5663
Cell: 504.292.6715

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Looks Like He Took It After All…

June 4th, 2008 by Loki

That guy in Lakeview, the one the SWAT team went to visit yesterday, is now dead.

A man was reportedly shot and killed by New Orleans police SWAT officers after a 10-hour standoff in which he barricaded himself in his FEMA trailer in Lakeview, according to police.

The confrontation began after the man, wearing a gun in his waistband, chased away FEMA workers who were attempting to reclaim the trailer in which he was living, police said.

The standoff ended Wednesday morning when police shot him after using several canisters of tear gas trying to draw him out. Associated Press reports say paramedics took him to a hospital, where he later died.

Now here is the interesting quote a few paragraphs down:

Though he didn’t actually draw his gun, he placed his hand on it near his waistband while ordering the FEMA workers to leave the trailer, the workers told police.

Via NOLA.com

The things that really gets me about this is that so many of the lives lost to flying bullets merit no more than a blurb. This guy was colorful and dramatic enough for the news, but what about the ongoing spate of death that infects our city like the plague?

-Loki, HumidCity Founder

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Mad As Hell And Not Going To Take It Anymore

June 3rd, 2008 by Loki

What have we been driven to?

An NOPD SWAT team Tuesday afternoon surrounded a house in Lakeview as a resident who learned he was about to lose his trailer threatened a FEMA official with a gun and barricaded himself inside the trailer, police said.-NOLA.com

-Loki, HumidCity Founder

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Let These Scumbags Know Your Thoughts

April 20th, 2008 by Loki

You know, disaster capitalism is a foul and fetid thing. It has the morals of a politician and the honor of Richard III. That said, these scum take it to a whole new level. Here is an example of frat boy mentality at its worst, crossing the line from sophomoric humor into the realm of true douchebaggery. They go around various cities and interview the homeless, then they use those interviews as fuel for “belittling humor.” Bad taste is right.

Now they are not only in New Orleans to pull what humor they can out of the many homeless camped under the Claiborne Overpass, but they have even tried to embrace the Web 2.0 world by sending out a press release to the local bloggers. Click “more” t read it. Then I encourage you to contact them and share your opinion of their efforts. (I have deactivated the hyperlinks as I do not wish to aid their search engine ranking in anyway.)

I thought carpetbaggers were bad enough, now we have the fratbaggers to?

-Loki, HumidCity Founder Read the rest of this entry »

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FEMA, Disaster Housing and Arrant Stupidity

April 15th, 2008 by Loki

So even on a business trip to Vegas I cannot escape the stench of FEMA incompetence. It seems they have a great new plan for disaster housing since their prior efforts were both inadequate and toxic: modular housing. From the comments in this article in the NY Times it seems they are still doing a heckuva job!

“FEMA seems like a babe in the woods on this stuff,” said John Henneberger, co-director of the Texas Low-Income Housing Information Service, which is working on trailer alternatives. “They seem to be clueless.”

The view in Washington is not much different. “It just sounds like they still don’t know what they’re talking about, to be frank,” said Ronald D. Utt, a senior research fellow at the conservative Heritage Foundation. “To say, O.K., we didn’t get it right with trailers so we’ll move on to something more exotic like prefab housing is a bizarre suggestion.”

FEMA clueless? What a shock!

-Loki

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How many ways can a city violate its own laws?

January 31st, 2008 by Loki

The latest in the ongoing letters of Matt McBride, syndicated from the email.

Dear New Orleanians,

How many ways can a city violate its own laws? A small committee inside New Orleans’ city government appears to be trying to answer that question.

First some fundamentals. The Housing Conservation District Review Committee (HCDRC) is the body charged with reviewing demolition applications in historic neighborhoods outside the city’s local historic districts. That geographic area - called the Housing Conservation District - is roughly south of I-610 on the east bank and also includes a small area near Algiers Point on the west bank.

The agenda for the HCDRC’s bi-weekly meetings is compiled by the city’s Safety & Permits department, which accepts demolition permit applications. Safety & Permits also chairs the committee, which is made up of mostly mid-level city bureaucrats and has no staff. The Committee meets in the offices of Safety & Permits. In effect, the committee is a wing of Safety & Permits, and has historically done that agency’s will, which is tilted toward approval of demolition permits.

One can find the laws governing HCDRC’s operation online at municode.com (http://www.municode.com/Resources/gateway.asp?pid=10040&sid=18). They are in sections 26-3 through 26-10. Those laws are not particularly long or complicated; they take up less than four pages. Yet the committee and Safety & Permits have somehow managed to display a stunning degree of ignorance of those rules (twice in the last two months it has been citizens informing city employees of the applicable laws), except where it was more advantageous to exploit them. In fact, it is difficult to find a law relating to HCDRC not ignored or exploited by Safety & Permits or the Committee over the past two years.

1) Review “all” properties

Let’s start with the most basic rule: all properties within the Conservation District are to be reviewed by the Committee. There are a few notable exceptions (more about them later), but generally “all” means “all.” Instead, as I have written before, over 900 HCDRC-eligible properties were just not included on HCDRC agendas since the storm. In the vast majority of cases, they were simply excluded for no other reason than to avoid review.

This pattern started with the third demolition application after Katrina and it continues to this day. Since I and other citizens first put the Committee and Safety & Permits on notice that we were aware of this avoidance in late November, 2007, over a dozen more properties have avoided review and have gotten demolition permits through this method.

2) The 70% loophole

One of the exceptions to review of all HCDRC-eligible properties was passed in April of 2006. It exempted properties with flood damage estimates greater than 70% from HCDRC consideration for demolition. Safety & Permits, the gatekeeper for both demolition applications and damage estimates, appears to have driven a truckload of demolitions through this loophole. Over 350 properties had their estimates revised above 70%, and then received demolition permits without HCDRC review.

But for a few scattered exceptions, nearly every property that had its estimate raised in this fashion was HCDRC-eligible. That is, this was not a citywide phenomenon of hundreds of property owners with derelict houses coming into City Hall independently of each other, looking to demolish. Instead, the pattern was confined almost entirely to the Housing Conservation District. I believe this was Safety & Permits operating under pressure from the Federal government to make maximum use of available demolition funds within tight time constraints, and finding any excuse to spend those funds, lest they appear foolish in front of Washington.

This problem, like the non-review of eligible properties, also continues. Since late November, over two dozen properties have avoided review by virtue of damage assessments getting increased above 70%.

3) But, some 70% properties should still get reviewed…

There was a codicil to that 70% exception passed in May of 2006. It stated that properties to be demolished within National Register Districts (which overlap the Housing Conservation District) were to be reviewed by the staff of the city’s Historic District Landmarks Commission (HDLC) if their estimate was greater than 70%. This particular provision is called “section 26-10″ in the city code.

As I wrote earlier, the staff at Safety & Permits admitted - in print - that they never read that provision of the law. On December 13, 2007, Ed Horan, a Safety & Permits staffer responsible for review of demolition permit applications, wrote in an email to one of my colleagues, Meg Lousteau:

“Meg,

“Yesterday was the first time I have ever read Section 26-10 of the City Code…I have already alerted both Mr Centineo [head of Safety & Permits] and Mr Perkins [head of the HDLC] of my ignorance of 26-10 and can assure you and them that all future demolition applications will follow the procedure outlined therein.

“This morning I will inform the permit analysts of the misunderstanding and of new process as required by law.

At least 130 demolitions were affected by this admitted ignorance (they were never passed along to HDLC for review) - a blatant due process violation which remains unaddressed.

4) Inadequate notice

The notice provisions of the HCDRC laws call for publication of the Committee’s agenda in the newspaper. There are no provisions for adding properties to the agenda after publication. Yet there have been many instances of properties getting added on the day of the meeting.

At the November 26, 2007 HCDRC meeting, members of the City Attorney’s staff insisted on adding 19 properties to the agenda at the end of the meeting (after most members of the public had left), with no notice whatsoever. The Committee, instead of viewing this as against procedure and regulation, proceeded to vote on acceptance of the demolition applications, allowing 14 to proceed. In fact, they approved demolition of a property they had denied just two months earlier. That was also illegal. The city code says that properties cannot be demolished for one year after denial by the HCDRC (pending a City Council appeal, which did not happen in this case).

This was not the first time un-noticed properties had been added to the HCDRC agenda and then voted upon. It happened on July 9, 2007, when 23 properties came before the committee without public notice. All were brought by the city, not individuals. All but three were either approved or withdrawn because they had already been demolished. Those other three were deferred for future consideration, but were never considered again. Yet all three still received active demolition permits later in the summer (oddly on August 28 and 29, right before FEMA was due to stop paying for the Corps of Engineers to demolish houses).

I have found at least four other meetings just in 2007 where this happened.

5) No redevelopment plans submitted

One would think the city would have a vested interest in avoiding the jack-o-lantern effect of empty lots pockmarking historic neighborhoods. Instead, they actively encourage it.

One of the criteria for the HCDRC to evaluate demolitions is “the proposed plan for redevelopment.” Another is the “proposed length of time the subject site is anticipated to remain undeveloped.” Yet property demolitions are routinely approved without either of these pieces of information.

The November 12, 2007 meeting is a typical example. 13 properties were on the agenda that day. A 14th was added at the meeting, without prior notice. 9 of those structures had no redevelopment plans. All but one of those nine had their demolitions approved, and the ninth wasn’t approved because the wrong address had been placed on the agenda (also a common occurrence).

Nearly the same thing happened at the October 8, 2007 meeting: 6 properties were on the agenda, none with redevelopment plans. All but one were approved, with the sixth application withdrawn by the applicant.

Here’s one more example: on July 23, 2007, there were 32 properties on the HCDRC agenda. Not one had a redevelopment plan. Many (including over a dozen in the neighborhood of Xavier University) were planned to become vacant lots. Not a single property was denied a demolition permit that day.

The default position for the HCDRC is to approve demolitions, no matter whether they meet the criteria for evaluation or not.

6) Violation of the “30 day” rule

Another rule in the city code stipulates that the HCDRC must accept or deny a demolition application within 30 days of its submittal to Safety & Permits. If a decision is not reached within 30 days, the application is denied. The applicant may then appeal the decision to the City Council for a final ruling. This rule has been in existence since 2000.

Over the years, however, the HCDRC has seen fit to grant deferrals for properties. Sometimes, properties are deferred for months at a time. In some cases, this is done to allow neighborhoods and developers time to meet and discuss plans for a site. In other cases, owners don’t show up, or the committee sent notice to the wrong address, or some other reason. No matter the reason, deferrals to a time greater than 30 days after permit acceptance are not legal under the current law.

Some properties have been deferred for over 100 days, spanning half a dozen HCDRC meetings. Such delays are not unusual. Since Katrina, the HCDRC has reached decisions on over 190 properties after 30 days had passed after their applications were submitted. Over 170 of those were approvals. Under the 30 day rule, all should have been denied, with appeals going to the City Council.

Until January 28, 2008, the 30 day rule had never been enforced. At the HCDRC meeting that day, it was pointed out to the Committee (by citizens in the audience) that continual deferrals of properties, sometimes for months at a time, are illegal.

At first, members of the Committee - even when confronted with the actual printed verbiage from the city code - denied its applicability. It took assent from a representative of the City Attorney’s office (the City Attorney has been attending HCDRC meetings recently, as the circus nature of the proceedings has been publicized in the newspaper) to persuade the bureaucrats on the Committee that they were indeed violating the law.

When they finally saw the light, the Committee members immediately denied permits for all properties which violated the 30 day rule, some of which did so because the committee had granted deferrals. Or at least, they tried to do so. There were at least two properties which violated the 30 day rule, but which still got their demolitions approved.

Conclusion: Total reform is needed.

At its most fundamental level, the HCDRC should be following the criteria laid out in city law for demolitions. It should also be following the laws on proper notice, expediency of decision, and review of all properties. Instead, none of these things are happening.

The city has shown itself as a repeat offender in violation of its own laws. The best solution at this point is complete reform of HCDRC. Fortunately, there is pending legislation before the New Orleans city council to do just that. In addition, a recently signed consent decree provides punishment if the city does not shape up. Things are moving forward to bring accountability and sanity to a process that so far has been opaque and insane.

Matt

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Demolition Man: Bringing The Data

January 12th, 2008 by Loki

Dear New Orleanians,

The city’s notification process for demolitions has been notoriously ineffective. Lists of Imminent Health Threat and Imminent Danger of Collapse properties are posted to the city’s website, and then disappear within days. The city has been hauled into federal court in two separate cases since Katrina because of its poor notification procedures for demolitions.

However, one should realize that the city’s failure to notify homeowners about pending demolitions is not due to a lack of information. In fact, the city has a bunch of information about demolitions, but they are - for whatever reason - wildly reluctant to release it.

I have obtained two lists of properties cleared by FEMA in December 2007 for demolition. I believe they have been compiled by a company called Beck Disaster Recovery (BDR), which has a contract with the city for property management of demolition properties. BDR has offices in 1515 Poydras, across from City Hall.

These lists are different than any other lists previously published, because it is a near certainty that these houses are targeted for demolition. They have already been cleared by FEMA as “eligible” for federal funding. Also, the raw numbers of properties (about 1400) matches closely with what has previously been announced as a total still to be taken down (about 1800, according to a FEMA press release from November).

We have seen these lists validated over the past few weeks, as Safety & Permits has assembled HCDRC agendas from them, and permits have been granted based on them.

Here’s what I have done - I have taken the simple raw lists of addresses and have bulked them up with all the information I could glean about a given property. I have added whether the property is HCDRC- or HDLC-eligible, and if it is HCDRC-eligible, whether or not it has yet come before the Committee. I’ve added previous demolition permit dates, a comparison of IHT status between the information on the original list (shown in column B) and what has been released publicly by the city over the last year. I’ve added damage estimates. Basically, if there’s any public information I could get about a property, I’ve added it to these lists (which I combined into one spreadsheet) [I have converted the spreadsheet into a Google document you may view here. -Loki].

So here’s a key of the information on the spreadsheet:
Date of release: date of the list on which the property appears. The lists were released on 12-13-07 and 12-19-07

File/WO#: I’m not sure what this is - I assume there are work orders for each property. This was on the original lists as received.

Type of demo: this is information that came with the lists. The types are IHT (Imminent Health Threat), IMA (Imminent Danger of Collapse), VOL (voluntary, i.e. homeowner-initiated), and there are a few noted as COMM (commercial, though this is not really a type of demo so much as a type of building). Imminent Health Threat demos are quite controversial, since there is no objective standard for what constitutes an Imminent Health Threat, and the notification process is poor.

Street number, street direction, street name, street suffix, ZIP code: these make up the address for the property

Demo permit? Demo permit date?: Whether or not there is a demo permit on the property, and the date it appeared in Safety & Permits’ system

12-31-06 damage assessment, 11-1-07 damage assessment, Dam assess incr above 70%?: City damage assessments, obtained from the city’s website. Also, whether the damage assessments were increased above 70% (presumably to avoid review by the Housing Conservation District Review Committee).

Review type: The demolition can be reviewed for its impact on the historic fabric of the city. The review can be either HCDRC (just the Housing Conservation District Review Committee), HCDRC & NatReg (property is within a National Register District, which could entitle it to review by the Historic District Landmarks Commission if its damage assessment is greater than 70%, under Section 26-10 of the City Code), HDLC (review by Historic District Landmarks Commission), or “No review” (outside all historic areas). I’ve done my best to determine this based on city-produced maps.

HCDRC review date: if the property has come before the HCDRC, this is the date it happened.

Extra review under City Code Section 26-10: if the property has a damage estimate over 70% and is within a National Register Historic District, it is entitled to extra review by the HDLC before demolition.

Imminent Health Threat (according to publicly released lists): The city has released various IHT lists since the beginning of the year. There was a partial list in March, a list with IHT and voluntary demos mixed together in July, and at least four different IHT lists since late September (only two of which are available on the city’s website). I checked the addresses on this latest list against those IHT lists.

Match col B & col Q: I then checked the IHT status from those publicly released lists against the status that was on this list when it arrived. They don’t always match, as indicated by “NO MATCH.”

GPS coordinates: these came with the original list

Owner: these were on the original lists.

Due to some of the methods I’ve used to compile information, occasionally I’ve had to split addresses into two rows. So sometimes a property which is a fourplex with an address like “932-34-36-38 Smith Street” will appear across two rows. I didn’t have to do that very much, but it did happen a few times. I apologize for any confusion.

I am not going to claim that this list is 100% correct. I’ve had to correct typos and clean up information as best as I can, but there are almost undoubtedly errors. Plus, I can’t necessarily vouch for some of the raw information, like ZIP codes and GPS coordinates. However, I feel it’s best to get the information out so that people can have something in hand, as well as understand the scope and breadth of the entire demolition effort.

I hope you find this useful.

Best regards,

Matt McBride

[Syndicated from the email -Loki] 

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Demolished - A Further New Orleans Tale

January 2nd, 2008 by Loki
(Syndicated from email - Loki)

Dear New Orleanians,

 
Demolition is not a
plan. But the city of New Orleans wants to convince everyone, including
its own bureaucrats, of the opposite.
 
Over
the past few months, as I’ve studied the workings of demolitions in New
Orleans, I’ve gotten more and more dispirited. There’s no leadership,
no direction, just mixed up mountains of paper and growing numbers of
confused, scared citizens getting victimized by their own city
government. Homeowners discover their nearly restored house is targeted
for demolition, and are forced through all nine circles of hell to
prove to their own city that the city is wrong. And some only discover
this after the home is bulldozed by the city. It’s horrible.
 
I
and a few talented individuals have taken upon ourselves to do what the
government should be doing: forcing the city to abide by its own laws
regarding demolition. This has turned into a herculean struggle, as the
degree of intransigence and incompetence in city government has
gradually come to light. Against rather long odds, though, there has
been progress.
 
About three weeks ago, I put out a rather voluminous email about demolitions. I detailed how New Orleans
Safety & Permits department was likely avoiding public review of
over 1200 demolitions through various sneaky means. Much has happened
since then, so let me bring you up to speed. There has been progress in
the administrative, legislative, and judicial arenas.
 
Administrative - The city never read the law
 
As
I mentioned in my earlier email, in late November the city inked a deal
with DRC Emergency Services, LLC for oversight of federally funded
demolitions. Demolition permits started getting issued to DRC on
December 5th. At first, all the permits were for properties in areas
which did not have any historic protections.
 
However,
on Tuesday, December 11th, Safety & Permits started issuing
permits in the historic areas. In my previous email, I had suspected
there was a pile of demolitions in the historic areas ready to go,
likely with damage estimates raised above 70%. I was proved right, as
24 demolition permits were issued to DRC on the 11th for properties
which should have required historic review, but didn’t because their
estimates were raised above 70%. The folks that I’ve been working with
on this issue noticed immediately, and threw up red flags in emails to
Safety & Permits personnel. This led to a nearly immediate change.
 
In
previous days, we had discovered a city ordinance which had been on the
books since May 3, 2006. It is section 26-10, and says that any
properties with storm damage estimates above 70% and which were within
National Register Districts (outside of local historic districts) were
supposed to be reviewed by the Historic Districts Landmarks Commission
(HDLC). HDLC is a far better run body than the other historic review
panel - the Housing Conservation District Review Committee (HCDRC).
 
HDLC
is interested in historic preservation, it has its own staff, and in
general has a more mature outlook on things. On the other hand, HCDRC
is made up of mostly mid-level city bureaucrats and is chaired by a
representative from the same body issuing demolition permits - Safety
& Permits. HCDRC’s role is to review demolitions of historic
properties outside the city’s local historic districts, while HDLC
reviews the stuff inside the local historic districts.
 
What
we found was that those 70% properties inside National Register
Districts had never been sent to HDLC, as the law called for. Three
such properties were included in the 24 that got demo permits on
December 11th.
 
A
stink was raised, and no permits were issued to DRC for five days.
Everyone in Safety & Permits and HDLC and DRC and in other sections
of city government had lots of meetings.
As of today, all
National Register District property demolitions with estimates above
70% are now being reviewed by HDLC, as required by the law.
 
Unfortunately,
at least 130 properties had already slid through Safety & Permits
without the statutory review since May, 2006. You may be wondering how
such a thing could happen? Didn’t Safety & Permits read the law?
The answer is “no.”
 
We have emails from
Safety & Permits admitting to such. You’ll find them below. These
emails became part of a lawsuit against the city (more about that
later), so they are now public documents.
 
The
emails were between Meg Lousteau, a fellow historic preservationist,
and Ed Horan, the Safety & Permits official charged with reviewing
demolitions for further historic review
From: Meg Lousteau
Sent: Tue 12/11/2007 8:24 PM
To: Edward J. Horan
Subject: demolition question
 
Hi Ed - I want to apologize again for unwittingly involving you in today’s mess.  I have never and would never question your integrity or
work ethic, or deliberately put you in a bad situation.  I
hope you understand that my concern, and the concern of many others, is
based on the confusing and varied demolition procedures, and the
difficulty we’ve had in getting information from the department.  From now on, I will contact you first with any questions I have regarding demolitions.
 
On that note, I do have a question that I hope you can help answer.  Below
is the municipal code that states that buildings in National Register
districts that have damage assessments at or above 70% are supposed to
be reviewed by HDLC.  To my knowledge (which is, admittedly, incomplete), no such buildings have gone before HDLC.  Am I misreading the ordinance, or has another
ordinance superseded it?  Or maybe it’s in conflict with another law? 
 
Thanks in advance for your help.
 
-Meg
 
Sec. 26-10. Demolitions within national register district.
 
Any
structure that is located within a national register district and which
has been determined by the department of safety and permits to be
substantially damaged by Hurricanes Katrina or Rita, and where the
damage is defined as 70 percent or more of the replacement value prior
to the hurricane damage as determined by inspection by the department
of safety and permits, and which structure is constructed below base
flood elevation according to the flood elevation maps issued by the Federal Emergency Management Agency
and in effect as of August 29, 2005, must be reviewed by the staff of
the historic district landmarks commission prior to issuance of a
permit for demolition.
 
(M.C.S., Ord. No. 22226, § 1, 5-3-06 )
In response,
on December 13, 2007 , Mr. Horan sent the following email to Ms. Lousteau:
On Dec 13, 2007 8:22 AM , Edward J. Horan < ejhoran@cityofno.com> wrote:
 
Meg,
 
Yesterday
was the first time I have ever read Section 26-10 of the City Code. I
have read, re-read, quoted, cut and pasted, and mentally tattooed onto
my brain Section 26-6 of the City Code . I was certain that 26-6 (which
contradicts 26-10) was the Section governing the Housing Conservation
District. I have already alerted both Mr Centineo and Mr Perkins of my
ignorance of 26-10 and can assure you and them that all future
demolition applications will follow the procedure outlined therein.
This morning I will inform the permit analysts of the misunderstanding and of new process as required by law.
 
Edward Horan
Zoning Administrator
City of New Orleans
Department of Safety and Permits
In
response, Ms. Lousteau asked on December 13, 2007 as to whether Safety
& Permits would be reviewing their error, and having the permits in
question now reviewed by HDLC. Specifically, she was asking about a
permit application for 1231 S. Rampart St. , issued on December 12,
2007 .
From: Meg Lousteau
Sent: Thursday, December 13, 2007 11:41 AM
To: Edward J. Horan
Cc: Mike Centineo; Elliot Perkins
Subject: Re: demolition question
 
Hi Ed - thank you so much!  I can’t wait to forward this information to my fellow concerned citizens.  It’s a huge relief to know that so many demolitions will now get some kind of review.  We deeply appreciate your help with this.
 
We
noticed that at least one property seems to have slipped through the
cracks - the building at 1231 S. Rampart Street , which is in the Central City National Register
District, was issued a demolition permit yesterday.  I could be wrong, but shouldn’t this be going to HDLC?
 
[screenshot of permit application for 1231 S. Rampart St. from velocityhall.com]
 
That brings up another, very important question:  what steps will Safety and Permits take to rescind the erroneously issued permits that should have been reviewed by HDLC?  I think that all eleven I mentioned on Tuesday would now need to be reviewed, as
well as many more.  I can try to get a list of them, if that would help.
 
Many thanks,
Meg
Mr. Horan responded on December 14, 2007 :
From: Edward J. Horan
Date: Dec 14, 2007 12:39 PM
Subject: RE: demolition question
To: Meg Lousteau
Cc: Mike Centineo, Elliot Perkins
 
The
permit for 1231 S Rampart has not yet been issued, as you can see in
the information below the status is n/a and the fees have not been paid.
 
We will not retroactively apply this Section.  All future applications will be evaluated with Section 26.10.
 
Edward Horan
Zoning Administrator
Dept. of Safety & Permits
Cityof New Orleans
1300 Perdido St. Rm 7E05
New Orleans , LA 70112
So
now we know why some (but certainly not all) demolition permits were
not getting proper review. It was because Safety & Permits had not
read the applicable law since it was passed on May 3, 2006. In
addition, they will not correct their error, even though they admit to
it in print.
 
Legislative - Some things need to be changed
 
As
I mentioned, about 130 properties were affected (when I say “affected,”
I mean that a review was not performed - I do not mean that a
demolition could have been prevented) by Safety & Permits not
performing their duties as prescribed in law. However, those were only
a small slice of the over 1200 properties which did not receive any
historic review at all before demolition for the last two years. That
includes the batch of demo permits issued to DRC on December 11th (as
well as a few on December 12th, before the pause completely took hold).
Those properties, under the current law, are exempt from review, even
if the city was raising the damage estimates simply to avoid review.
 
The idea of public review of demolitions of historic properties in a town such as New Orleans
is excellent, especially considering the giant volume of demolitions
now underway. The city’s housing stock is precious, and any removal of
part of it should be thought through carefully and in public. Not only
is it wise to conserve historic housing, but it is also smart to have
an extra layer of review to prevent mistakes (which have definitely
been made).
 
Unfortunately,
the process has been subverted by loopholes in the law which should be
closed. One loophole - the 70% exemption from review - appears to have
no real basis other than accelerating a process that should, by its
nature, be deliberate. It should be repealed. It serves only the
interests of bureaucrats eager to impress their bosses.
 
Another
loophole - regarding properties to be demolished under the the Imminent
Health Threat law - also exempts such properties from historic review.
I can’t think of a reason this would be necessary, especially when one
considers the seemingly random and scattershot application of the
Imminent Health Threat law by the city. We are still trying to gather
all the various imminent health threat lists that have been published
over the last year. Thus far, we have collected at least five different
lists with dates from March until December 29th, with some properties
appearing on one list, dropping off the following list, and then
reappearing on a third list.
 
To
describe the Imminent Health Threat process as “haphazard” would be
generous. Thus, having a public check on a bureacracy known to make
mistakes is a good thing, and should not be subverted.
 
A
little clarification is necessary - Imminent Health Threat properties
are NOT properties about to fall down. Those properties are known as
Imminent Danger of Collapse. If they are truly about to fall down, I
have no problem skipping the historic review step. Imminent Health
Threat properties seem to be whatever Safety & Permits judges them
to be, whether they are an actual threat or not.
 
Unfortunately,
the law as it stands now allows all of this tomfoolery by the city
administration. Currently, the city is under no obligation to present
any but a small slice of demolitions for public review, due to the
loopholes in the law. To get those loopholes closed will take
legislative action on the part of the City Council. That particular
part of the story is being worked on actively, and will hopefully bear
fruit in January.
 
Judicial - Appeals process to be enstated
 
Just
before the public housing demolition debate captured the city’s
complete attention, another demolition dispute was wending its way
through the courts. A Federal suit had been filed against the city in
August claiming that private homeowners’ due process rights had been
violated by virtue of the city not having a clear administrative
process for review of demolitions. However, until I started slicing and
dicing the numbers, no one was sure of the extent of the problem. When
I found that over 1200 properties had bypassed HCDRC, and over 300 of
them had their estimates increased past 70%, that got the attention of
the lawsuit participants.
 
The
lawyers for the plaintiffs in the suit contacted me and asked if I
would write an affadavit describing my analysis of the city’s
demolition permits. I did so, and it was filed on December 18 in
advance of a planned evidentiary hearing in the case.
 
The Times-Picayune got a hold of it and wrote up an article the next day. You can find that article here:
 
City Inflating Damage, Lawsuit Says
Times-Picayune, 12/19/07
http://www.nola.com/news/t-p/metro/index.ssf?/base/news-26/1198052627220760.xml&coll=1
 
Many
officials - including possibly the mayor - were scheduled to testify at
the hearing. But the city apparently didn’t see the point in fighting
the suit, and agreed to enstate an appeals process for those people who
felt their properties were unfairly targeted for demolition. The paper
covered this as well:
 
Owners Can Appeal Demolition Orders
Times-Picayune, 12/20/07
http://www.nola.com/news/t-p/metro/index.ssf?/base/news-26/11981330423090.xml&coll=1
 
I’m
sure this escaped a lot of peoples’ attention, because that was the
same day as the City Council vote on the public housing demolitions.
 
Frankly,
the very fact that such a process must be enstated is horrifying. Why
should someone have to worry about their house being demolished out
from underneath them if they have no reason to worry?
 
While
this result is nice, it does not address the core problems at hand with
the city’s demolition “process,” which is actually a mishmosh of poorly
managed and poorly documented multiple processes riddled with loopholes.
 
Recommendations
 
1) The 70% exemption from historic review needs to be eliminated.
 
This
exemption serves no purpose but to accelerate a process which should be
deliberate. The acceleration is likely to satisfy Federal funding
deadlines, which is not good public policy when one is talking about
the irrevocable act of demolishing a building.
 
2)
All properties to be demolished in the Housing Conservation District
must be reviewed by the Housing Conservation District Review Committee,
no matter what the reason for their demolition.
 
The
city has been exploiting loopholes in the law to ram through
demolitions without review. This must stop. What is so wrong with
simply reviewing demolitions publicly?
 
3)
The city should apply for an extension of the funding cutoff for
demolitions past the current February 29, 2008 date. That is when FEMA
expects the demolitions of approximately 1800 buildings to be completed
through the DRC contract. From what I understand, the city has begun
this process.
 
There
are hundreds of HCDRC-eligible and HDLC-eligible properties in that
list, and it will be impossible to adequately review them in time. The
HCDRC only meets every two weeks, which means there’s only 4 or 5
meetings before the funding gets cut off.
 
4) Adequate review means adequate review
 
What
I mean by this is timely publication of HCDRC agendas so that
neighborhood organizations, concerned neighbors, and (yes) surprised
homeowners can get to HCDRC meetings to speak their piece about a
demolition. Also those agendas should be compiled in accordance with
the laws of the city
 
We
know that is definitely not happening now. On December 26, 2007, the
city published a list of 114 “extra” properties which are being added
to the HCDRC meeting on December 31, 2007 (a previous agenda with
around a dozen properties was issued the previous week). This list is
culled from a bigger master list of properties being given to DRC for
demolition. This is the first in a growing wave of hundreds of
HCDRC-eligible demolitions on the DRC contract.
 
The
particulars of this list of 114 “extras” are interesting. All 114
properties have damage estimates below 70%, but many of the properties
are classified as Imminent Health Threats. This gives us a window into
the city’s thinking - they are strongly enforcing the 70% loophole, but
the Imminent Health Threat loophole is not as important anymore.
However, this appears to be a bureaucratic choice on the city’s part.
Their thinking could change at any time - unless the law is changed to
close the loopholes.
 
But
of course, even the batch of 114 extra properties is incomplete. We
have the list that the extra agenda items were culled from. There are
properties on that list that probably should appear on the 12-31-07
HCDRC agenda, but do not. On that list, there are:
 
- 21 HCDRC-eligible properties with NO damage estimate (so it is impossible to tell if they are above or below 70%)
-
18 properties with current estimates below 70%. This would appear to
match the rationale for the assembly of the HCDRC agenda, so it is
unclear why these properties are not included.
 
While
actually getting notice (however incomplete it may be) ahead of meeting
is a step forward, there is no way people can possibly respond in time
to obscure notice in the classified section of the newspaper if their
property is on this list. Three business days between Christmas
and New Years Day is nuts, but it’s just one more indication of the
hurry-up attitude of a city where demolition has become a proxy for
rebuilding. HCDRC and Safety & Permits must do a better job on
notifications.
 
Conclusion
Some people might wonder why I’m so interested in this. My interest is simple: I want to see government work correctly.
 
A
government that flouts its own laws is useless to the people it
supposedly serves. Over the past few weeks, I and my fellow historic
preservationists have struggled mightily to get the city to simply
follow its own legal procedures. The overarching goal of historic
preservation has become secondary to simply following the rules. It
should not be this hard.
 
My heart breaks to see what is happening. But at least there is a little sunshine.

 
Matt

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Housing and Urban Discord

December 21st, 2007 by Loki

I spent a significant chunk of my day today sitting it work down in the Bywater listening to the pounding of torrential rain on the window behind me. It was about 11:30am that a text message alerted me to the fact that strange things were afoot at City Hall. Moments later I was making the prior post.

Now I have had some time to dig through a variety of footage and punditry, windbags of the internet and the cathode tube alike. As usual I found jackal like barking on both sides of the argument. Sound and fury and extremism with little evidence of reason. In short a true bipartisan effort.

I would be a liar if I claimed to understand all of the intricacies of the situation, and a fool if I honestly thought I had the solution. What I do know is that I am weary with the vitriol that New Orleans has produced so copiously since that fateful August of ‘05.

As usual the few voices I found making sense were in the local blogosphere. If you want intelligent analysis I highly advise going to the source posts these excerpts are taken from and read them in their entirety. Lets start with Schroeder over at People Get Ready:

I hope to have time to say more about what is shaping up to be one of the worst defeats in the history of New Orleans for racial harmony — the public housing controversy. For now, I’ll just say that I think that the most egregious offenders against the interests of public housing residents have been the uninformed lefty white poseur anarchist intellectuals who swooped into the city to save it from the uninformed right-wing white reactionary bourgeoisie.

True — there are a number of locals in the mix as well — white and black — who have called for action, and action is necessary to force people to the table in search of compromise, instead of yelling at each other. I guess I’ve just decided that I won’t make a fool of myself by standing again with braggard activists who wouldn’t themselves choose to live in the public housing projects, and who aren’t so much struggling for better lives for public housing residents as they’re trying to champion their own egoistic hero complexes, and to confirm their distorted world views inspired by some manifesto they read somewhere.

On the other hand, I’m equally repulsed by the rhetoric issuing forth from conservative ideologues, mainly heard sqawking their boot-strap doctrine on Clear Channel Fox-affiliate 99.5 FM and the redundant Entercom stations 870 AM/105.3 FM/1350 AM.

He goes on to make a statement that I believe everyone reading should take to heart and work towards:

Once again, the presidential candidates who emerge to represent their respective parties need to commit to an additional debate in New Orleans, to debate the future of New Orleans as the most important venue where the future crises of the rest of the nation are being staged today.

So that is a small fragment of a passionately brilliant post from our favorite Peanuts Character. Now on to my favorite bivalve, Oyster from Your Right Hand Thief (a former HumidCity contributor), as he waxes eloquent on the photo from todays Times-Pic which shows Sharon Jasper, who wishes to return to her public housing. “I might be poor but I don’t like to live poor. I thank God for a place to live but it’s pitiful what people give you.” This is the quote that appears under a picture of her sitting next to a HUGE widescreen TV that most of the people I know could not afford. Instead of quoting him I’ll just send you over to read the post (its short) and see the picture. Draw your own conclusions. I’ll wait here for you.

Back now? Good.

Let’s check in on Varg over at The Chicory, shall we? The pertinent post (go read it all, you know you want to) starts off kicking:

But one theme is emerging above all others:

Don’t depend on the government for housing. As we learned in August of 2005, don’t depend on the government for ANYthing. It’s a losing proposition. Nagin said there was no win-win situation. The Chicory says for the residents, it’s a lose-lose situation.

We have all seen it. We have all done the paperwork, endless reams of paperwork. The powers that be have been worse than useless, they have been self serving at the expense of the people they are supposed to lead. They are, as Frank Zappa so eloquently put it, jumped up used care salesmen in bad suits whose paychecks are drawn from our taxes. They work FOR us and need to be reminded of it.

He goes on to sum things up beautifully:

I saw another photo that claimed housing as being a basic human right. This further drove me away from the protesters. It’s a responsibility isn’t it? I understand the situation many people find themselves in. I understand the various circumstances that can lead to someone finding themselves homeless. What I can’t understand is the point one reaches when they feel as though the government has a responsibility to provide them housing when they don’t accept that responsibility themselves. The government is an uncaring, globular institution which can be swayed in many different directions and will often leave its dependents without roofs over their heads. People of all classes should be strongly encouraged to become independent of it.

So leave a comment, even if you are a confirmed lurker leave a comment. Give me some more viewpoints. It is a complex issue and one that we all need to get a grip on ASAP.

Loki
HumidCity Founder

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Housing and Violence

December 20th, 2007 by Loki

EDIT/UPDATE: There is a very worthwhile discussion of this going on in the New Orleans LiveJournal Community Here END UPDATE 

As we go back and forth over the issue of public housing in New Orleans we get the joy of scenes like the one currently being enacted downtown. It seems that things have tipped in the direction of violence between protesters and police down at the City Council.

Why is it that we, as a species, cannot seem to escape the urge to be just plain shitty?

A Little Xmas Pepperspray to go with the SWAT teams deployed to City Hall

Joy.

Joy to the [CENSORED] world.

-Loki

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A Message for Jeanne Nathan on the Housing Issue

December 18th, 2007 by Loki

A message from Jeanne Nathan. To respond, email jnyno@aol.com
Dear New Orleans Citizen,

The debate over demolition of public housing buildings in New Orleans has been cast in either/or rhetoric that has undermined any serious consideration of what is the best way to improve communities that were once home for 4500 mostly working families, many of whom are still scattered far from home.

Using the fear of urban crime and drugs as the banner for destroying over 700 sturdy, well built and well designed bricks and mortar buildings, HUD officials have failed to provide the facts, plans or contracts on which New Orleanians can judge the sincerity or appropriateness of their plans for building mixed income housing in their place.

Violent crime in the city has risen since Katrina, despite the fact that most public housing is vacant, and closed off to former tenants, who were, by the way, leaseholders whose possessions still lie frozen in time in their former homes. Violent crime, most of it perpetrated by teen age males against teen age males is rising nation wide. It is a by product of a drug industry that has replaced disappearing entry level manufacturing, port and service jobs. The abandoned urban public school systems have also failed to educate our youth for the increasing high tech and knowledge based economies.

HUD has spread lies about what tenants do and don’t want; how many new affordable apartments it “plans” to create; about how many affordable apartments are available in the city. Former tenants warn that past promises for new development turned out to be a mirage; that new mixed income communities never deliver the promises of affordable apartments. Vast acreage owned by HUD and ready for new developments lies vacant, waiting for new housing units HUD promised long ago.

Our public officials, long silent on these plans, now seem ready to accept HUD’s lies and public policy on face value without further exploration. Our news media has done little better so far, quoting HUD’s numbers, inaccurate depiction of housing, much of it virtually untouched by the storm, as “flood ravaged and obsolete,” and failing to go beyond the street protests to look at the valid arguments against wholesale immediate demolition of 4500 units of housing.

In today’s New York Times Adam Nossiter quotes a former New Orleanian living in southwest Louisiana as saying she opens her windows to listen to the cows for company at night, missing her city, but finding no neighborhood where she once lived.

Anyone who believes HUD’s claims that tenants do not want to return has turned their back on reality and their fellow citizens.

No one can know all the true facts about the need, alternatives and plans for public housing right now. There has simply not been enough examination of the alternatives. Many of us participated in the three phases of planning after the storm, and learned what participation in planning means. HUD regulations require similar planning involvement by its tenants. Yet, in fact, HUD signed preliminary contracts with developers that required wholesale demolition without such participation, setting up a sham series of noon time West Bank meetings only after the contracts were inked.

In the face of this confusion, many professionals familiar with housing, planning, preservation and social issues are calling for a time out. Rather than vote for demolition, they call on the City Council to vote for a moratorium to allow more careful review of the best ways to perhaps demolish some of the buildings in worst disrepair, others that would open streets through the once isolated developments, renovate units as Historic Restoration Inc. did in five older public housing buildings in the St. Thomas projects that became the River Garden complex, and add features that would attract a wide range of tenants, while offering a real one-for-one opportunity for working families to return to these new developments.

Lets take a few months to dig beneath the surface, get the facts straight, and create a more informed mandate for HUD to follow in creating new housing for former and new tenants.

The citizens of New Orleans, whether tenants, neighbors, or residents anywhere in our city, deserve informed decision making and plans. We talked about a new New Orleans in those desperate days after the storm. Lets not abandon that dream so fast.

We are seeking individuals and organizations to communicate with City Council members on these issues no later than tomorrow, before the Council meeting this Thursday. Please use the email addresses below to contact the council members.

Arnie Fielkow - Council Member-At-Large
AFielkow@cityofno.com

Jacquelyn Brechtel Clarkson –Councilmember-At-Large
jbclarkson@cityofno.com

Shelley Midura - District A
SMidura@cityofno.com

Stacy S. Head - District B
SHead@cityofno.com

James Carter - District C
JCarter@cityofno.com

Cynthia Hedge-Morrell - District D
CHMorrell@cityofno.com

Cynthia Willard-Lewis - District E
CWLewis@cityofno.com

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