The Last to Know

Evictions, a Quiet Deal, and the Questions No One Asked Until It Was Too Late

News 10 NBC broadcast on July 2.

When I saw the news that residents at The Northfield apartment complex in Fairport were being evicted, my first question was whether a vote the Monroe County Legislature had taken just days earlier had triggered the move.

That vote approved $600,000 in American Rescue Plan Act (ARPA) funds for CDS Monarch to purchase and rehabilitate the 69-unit supportive housing complex, currently owned by Family Services of Rochester (FSR). At the time, we already knew FSR was in serious financial distress. The agency had just abruptly ended its programs at Hudson Ridge and Danforth Towers—programs that helped residents who needed care remain safely in their apartments.

During the legislative meeting, I raised concerns that the information provided about the ARPA housing package was grossly deficient. I said so both on the floor and in this blog post. Here's all the Legislature—and the public—was told about the Northfield project via the legislation:

I gave CDS Monarch the benefit of the doubt. I didn’t ask questions about the project’s cost, or—more importantly—what would happen to the current residents. CDS has a strong track record in our community, and I assumed they would step in to care for those already living at Northfield.

That was supposed to be the plan—sort of.

After learning about the evictions, I immediately requested CDS Monarch’s ARPA application. But legislators aren’t allowed to receive copies. We have to visit the County Executive’s Office or Law Department in person to review the documents—and we’re not allowed to take photos.

I stopped by today and spent quite a while transcribing relevant portions of the documents.

The transmittal letter from CDS Monarch, dated February 1, requested $300,000 in ARPA funds for a $22 million plan to purchase and fully renovate The Northfield—a top-to-bottom, inside-out overhaul of a building constructed in 2008. (It’s unclear why they ultimately received $600,000.)

The letter makes one thing clear: without CDS stepping in, The Northfield would collapse.

“The work described above is critical to the survival of the property as affordable senior housing. Over the last year, FSR has fallen behind on its first mortgage debt payments. Rising capital repair needs, the high staff and service expenses associated with the existing Department of Health (DOH) license and the lingering impacts of COVID on vacancy have created a financial operating scenario that is unsustainable.”

So how would CDS make it work where FSR failed?

Currently, The Northfield operates as an “enriched housing program,” a type of assisted living program funded through residents’ Social Security. Unlike a nursing home, Medicaid doesn’t pay for the bed. Residents receive “housekeeping, laundry service, case management, one hot meal per day, and two cold meals in the dining room, light assistance with activities of daily living (ADL) and an opportunity for pooled trust.”

To make the numbers work, CDS proposed converting The Northfield from a Level 3 facility to a Level 1. That would mean fewer services, but the building would become eligible for a more sustainable funding model.

The plan hinges on connecting 60 residents with Project-Based Section 8 Vouchers—of which the Fairport Housing Authority, conveniently, has 60 available. With those vouchers, CDS could collect Fair Market Rent. Residents would pay 30% of their income, and the remaining portion of their Social Security could go toward personal care or other needs. The application states:

“Without the vouchers, The Northfield will continue to run an annual operating deficit and be at risk of foreclosure. CDS and FSR have developed a financing plan and renovation approach that will support the needs of low-income elderly in Monroe County in a unique setting that has provided housing and much needed health services for the past 17 years.”

The renovation is expected to take three to five years. So what happens to the current residents in the meantime?

According to CDS’s Affirmative Fair Housing Marketing Plan filed with the state, they checked the box labeled:

Occupied rehabilitation (tenants in place)

That means the residents of The Northfield were supposed to stay during the rehab.

Except—they were just evicted.

Obviously, there are some key questions and observations here.

How many residents currently require Level 3 care—and would no longer qualify to live at The Northfield under CDS’s new model?

The application completely glosses over this. There’s no mention of how the downgrade from Level 3 to Level 1 might negatively impact current residents. No assessment of how many would be displaced, how their care needs would be met elsewhere, or whether they were even consulted.

Instead, the application makes the change sound like an upgrade:

“With the new renovation, it will reduce expenses and increase rental revenue from the Section 8 Vouchers which will result in a property that can pay its ongoing debt obligations, annual expenses AND most importantly provide a higher level of care to low-income seniors.”

If there’s truly no difference, then why does the state distinguish between different levels of congregate care?

It’s disingenuous to present this shift as benign—especially without acknowledging that some residents may be too frail to live independently in a Level 1 facility. It’s not just a licensing change. It’s a reduction in care.

Why did FSR evict everyone, despite CDS telling the state that residents could stay during the renovation?

The evictions may even violate the Option to Purchase agreement signed by CDS and FSR on February 12, which states:

“Notwithstanding the foregoing to the contrary, within sixty (60) days following the Seller’s receipt of the Option Exercise Notice, Seller shall (i) terminate all leases (with the exception of residential leases to be assigned to the purchaser), use and occupancy agreements, and other similar agreements and arrangements relating to the use and occupancy of the Premises; and (ii) vacate the Premises.”

So were all the leases supposed to be transferred? Just a select few? That’s unclear—and it matters. Because what we do know is that all residents were told to leave.

Most importantly: CDS, FSR, the Fairport Housing Authority, New York State, and Monroe County all knew for months about the sale, the shift in care level, and the long-term plan.¹

You know who didn’t know?

The people most impacted.

The residents who were evicted. Their families. The legislators who voted to fund the project.

Ultimately, yes—The Northfield had to change. CDS’s plan will likely result in more sustainable, affordable housing for seniors in the future. But the process was inexcusable.

It is appalling that the people most affected by this transformation were the last to know. Even if the Legislature had been given basic information when we voted, the residents would have had at least an extra month’s notice before they were evicted.

I cannot wrap my head around treating people this way.

1. Also daming, Hudson Ridge and Danforth residents were also the last to know about FSR’s issues. Apparently, everyone knew the provider was going belly up (RHA even said they weren’t paying rent anymore), yet no one thought to warn the residents or make a plan for their care before FSR shut the program down.