Can Freddie Mac skirt Mass. consumer law?

Ramon Suero left the Dominican Republic for Boston over a decade ago because he believes in the American Dream. That belief remains intact, even though Suero has spent the past three-and-a-half years in court, fighting government lawyers who are trying to kick Suero’s family out of their Dorchester home. Suero bought his tiny slice of Upham’s Corner a decade ago, but whether he gets to keep it largely hinges on two questions: whether state laws aimed at bringing Wall Street’s worst actors to heel can also protect Massachusetts residents from their own government, and whether government-controlled mortgage businesses are in business to save money, or exact revenge on foreclosed families.

Suero is the kind of borrower that subprime mortgage lenders got paid to exploit during the housing boom. In 2005, the notorious subprime lender Option One gave Suero a no-money down mortgage with an exploding interest rate — the kind of mortgage that brought down the entire economy. The loan allowed Suero, who was working two full-time hotel jobs, to buy a condo in an Upham’s Corner triple-decker. Massachusetts later sued Option One, alleging that the firm illegally steered high-risk loans to non-native English speakers and poor communities of color; the company paid a $10 million settlement.

Suero refinanced into a vanilla loan that wound up in the hands of Freddie Mac, the nationalized mortgage investor. He fell behind on his loan due to a family illness, and, he and the local hotel workers union say, because he was fired for union organizing. Freddie foreclosed in late 2010. Suero has been fighting to get his home back ever since.

The fight has taken Suero from the Boston Housing Court to the federal courthouse on Fan Pier. An eviction battle has morphed into a tug of war over whether the federal government can exempt itself from Massachusetts’s consumer protection laws.

Boston Community Capital, a local nonprofit, runs a loan fund that works with foreclosed families. It buys foreclosed homes and sells them back to their former owners, stabilizing families and neighborhoods in the process. Boston Community Capital has cleared Suero to borrow the money he needs to buy his Upham’s Corner home back. The problem is, Freddie Mac refuses to sell to Suero and Boston Community Capital, or anyone like them.

Freddie Mac and its larger corporate sibling, Fannie Mae, won’t sell foreclosed homes back to their former owners unless they receive the full value of the foreclosed mortgage — sums that are normally well above what the properties are worth now. Fannie and Freddie will charge market prices to any other buyer of a foreclosed home. But to those properties’ former owners, they charge a foreclosure premium. This premium all but assures that foreclosed homeowners won’t stay in their homes.

Foreclosure is a costly proposition for any bank, but Fannie and Freddie are picking and choosing whom they’re willing to lose money to. This policy is not something any large commercial bank subscribes to.

Fannie and Freddie also refuse to sell to nonprofits like Boston Community Capital that work with foreclosed homeowners. So when Boston Community Capital put in repeated offers to buy Suero’s home out of foreclosure, they went unanswered.

A 2012 Massachusetts law makes it illegal for any lender to put stipulations on a sale to a nonprofit. The law was aimed at lenders who refuse to do business with firms that work with foreclosed homeowners, and Fannie and Freddie are by far the biggest offenders. Suero sued Freddie last fall for violating this law.

Freddie’s lawyers have already made noises about claiming that, since they’ve been federalized, they’re immune from the state law. Last summer, lawyers representing Fannie and Freddie successfully maneuvered out of a Chicago ordinance requiring them to register, and pay fees on, vacant foreclosed properties. So there’s clearly a chance that the Massachusetts law might fall to the same arguments about federal powers that knocked down Chicago’s foreclosure efforts. The bigger question is what Freddie Mac actually gains by sinking untold sums of money into a years-long legal battle to wrest an Upham’s Corner condo from a family that wants nothing more than to see Freddie get paid and walk away.

Officials ‘ashamed,’ boycotting Harvard graduation over hotel labor vote dispute

Anti-union actions at a Harvard-owned hotel in Allston drew strong reactions from residents and city officials Monday. In addition to supporting a boycott of the Boston-Cambridge DoubleTree Hotel, councillor E. Denise Simmons proposed urging the Boston City Council and others to take similar actions; Nadeem Mazen wanted to teleconference with Harvard officials to pressure them face to face to act to allow unionization; and Dennis Benzan had an even more personal approach.

“I was invited to attend Harvard University’s commencement. As a result of what I’m seeing happen at the DoubleTree Hotel and the inaction of Harvard, I am hereby withdrawing any consideration I have to attending the commencement until they take this matter seriously and respect the dignity of the workers,” Benzan said.

Harvard owns the building at 400 Soldiers Field Road, Allston, that hosts the Hilton-run hotel and Scullers Jazz Club. Workers told management in March 2013 that they wanted a fair process to decide on unionization, but as of Monday the vote had been stymied by managerial resistance, representatives said.

Hilton Worldwide prefers another vote method, the company told The Harvard Crimson, and Harvard says it will support “any fair process of unionization agreed upon by Hilton and its employees.”

Hotel workers sat as a group Monday wearing the bright red T-shirts of the Unite Here labor group and standing together at times as representative members spoke during public comment about their hard work and loyalty for the company, which they felt responded with low wages and poor working conditions.

Strong reaction

Resident and labor activist Vicky Steinitz, of Cambridge United for Justice With Peace, compared Harvard’s treatment of its own direct employees with those at the hotel it has owned since 2005 and said, “This is hypocrisy, in my view, of the worst kind.” John Bach, Harvard’s Quaker chaplain, saw similar disconnect when invoking memories of the school’s actions 50 years ago during the Vietnam war, when its graduates led the nation into war while its students were arrested for protesting it. “What kind of Harvard do we want to encourage to be our neighbor?” he asked.

Mazen said he saw Harvard as a good neighbor who probably hadn’t acted on worker issues at the DoubleTree because its officials had too many other things on its plate. A teleconference could help add pressure, he said.

But the rhetoric of other councillors – four of whom protested at the DoubleTree last month alongside students, workers and their supporters – were at times as strong as their constituents, with Marc McGovern saying managers “are not treating working men and women fairly, and we’re not going to stand for that.”

There are plenty of other hotels in the area that have unionized workers and are doing fine, councillor Leland Cheung said, and as a Harvard graduate he was far less understanding of the university’s failure to act on labor issues at the DoubleTree:

Actions like this make me ashamed. That Harvard would hide behind the LLC of a management company and not institute the same kind of fair practices that it teaches its students to go out and do in the world is just unacceptable. This isn’t just about workers. This is about an entire community. Their plight is our plight. If they’re not getting good health coverage, they’re not paying into the system that covers us all. If they’re not getting a reasonable wage, they’re not able to go out and support small businesses and the economy of the community. They’re not able to live here … What [workers] are asking for is not onerous for the hotel, it’s just a fair process.

Cambridge City Council Votes To Support DoubleTree Workers

The Cambridge City Council voted unanimously Monday to support the boycott of the Boston-Cambridge DoubleTree Hotel, a sign of support for hotel employees trying to unionize.

 

The boycott, which was launched last month, is a part of ongoing efforts by DoubleTree employees, Harvard’s Student Labor Action Movement, and area union UNITE HERE! Local 26 to get the hotel to allow workers to unionize by fair process. Workers and activists are also working to push Harvard to put pressure on the DoubleTree, which is located in a Harvard-owned building, in hopes that managers will become more receptive to allowing fair process unionization.

 

Several DoubleTree employees clad in UNITE HERE! Local 26 union t-shirts testified at the City Council meeting Monday evening asking the City Council members to endorse the boycott. Workers cited a lack of adequate insurance and a lack of respect, among other grievances, about their treatment under DoubleTree management.

 

“They don’t respect me. They don’t appreciate what I’ve done for this hotel,” Celia Li, a DoubleTree housekeeper who said she has worked at the DoubleTree for over 30 years, said in front of the Council.

 

The hotel said at the start of the boycott that it does not believe that a true majority of DoubleTree workers wish to be represented by any union. Hilton, which owns DoubleTree, could not be reached for comment on the most recent developments. Hotel workers and advocates said that management has not addressed the boycott, and it does not appear that the hotel has suffered losses from the boycott.

 

University officials maintain that Harvard will support any fair process of unionization agreed upon by Hilton and its employees.

 

“It’s still a lot of the same,” Student Labor Action Movement member Gabriel H. Bayard ’15 said. “I think there’s a lot of community momentum but our main job right now is to get people not to stay at the hotel.”

 

Although DoubleTree managers have not addressed the boycott, workers said they have noticed difference in the work environment at the hotel.

 

“We see the change already. We have benefits already,” DoubleTree houseman Victor Bernabe said. “We have more respect. Now it’s [totally] different.”

 

 

 Demand For Better Healthcare TIANA A ABDULMASSIH

Sandra Herandez, an employee of the Doubletree Hotel in Allston, waits to give a statement at the Cambridge City Council meeting on April 28. A housekeeper at the hotel for twenty two years, Hernandez exclaimed “I’m here for a fair process”.

DoubleTree employees and advocates claim the hotel is making working conditions better in order to give workers fewer reasons to push for fair process of unionization. Still, Bernabe said he had doubts.

 

“I want [the union] 100 percent more now,” Bernabe said. “You know why? I don’t want to go back to before. I want it better and better and better. I know if we win the fair process it will 100 percent be better.”

 

Although unsure about tangible successes thus far, students and advocates continue to promote the boycott.  Last week, several advocates distributed flyers at a conference at the DoubleTree to publicize the boycott.

 

“I didn’t ask anyone to change their reservation. We just want people to know about [the boycott] so they don’t come back next time,” said Harvard Kennedy School student and activist Michael “Mick” R. Power. “You could say [the guests] felt a bit dirty being there when they heard it.”

 

Employees and activists said that they view the city council support as a success.

 

“That’s very good for us. [It’s] not only inside, we need [support] from outside too,” Bername said.

 

—Staff writer Mariel A. Klein can be reached at [email protected]. Follow her on Twitter @mariel_klein.

 

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Panel backs lifting ban on workers with felonies

The state Gaming Commission and a hospitality workers union are pushing to erase a law that bars people convicted in the past decade of felony theft, fraud, perjury or embezzlement from working in a Bay State casino.

The commission yesterday endorsed a proposal by UNITE HERE — which represents hospitality workers in Steve Wynn’s Las Vegas casino and supports Wynn’s Everett casino plan — and Boston jobs group Action for Regional Equity. They say the 10-year period is too restrictive for jobs such as changing hotel bedsheets and cooking meals and the commission should be able to weigh the relevance of criminal records in licensing employees. Stiffer restrictions are in the law for jobs that deal with house money.

“The standard for a dishwasher should be different from the standard for the head of the counting room,” Brian Lang, president of the Boston chapter of UNITE HERE, wrote in a letter to the commission.

The commission voted unanimously yesterday to endorse the change.

“I think we could come up with a scheme that would make very good sense and do justice,” commissioner James McHugh said. “If we get the 10-year period out of there, then we have a lot of room to maneuver.”

Most states with similar language set the disqualifying period at five years, and some, including New Jersey, have no such restriction for service employees.

House Speaker Robert A. DeLeo said he would consider the suggestion.

“The speaker takes seriously any suggestions of the independent commission and will review upon receipt,” DeLeo spokeswoman Whitney Ferguson said in a statement.

Tragic East Boston Fire Leaves 2 Local 26 Members without a Home.

sky chefs finalDear Union Brothers and Sisters,

On April 9th, 2014 East Boston residents and UNITE HERE Local 26 members Candida (Candy) Gomes and Osmin Hernandez lost their homes in a tragic eight-alarm fire.  In the aftermath of this unimaginable loss, donations from our union family are appreciated. A fund has been set up to help deliver relief to these two families during this difficult time. Online gifts can be made through http://www.youcaring.com/help-a-neighbor/fundraiser-for-candida-gomes-and-osmin-hernandez/164148 using this link:

Thank you for your support in this time of need.

Sincerely,

Brian Lang, President UNITE HERE Local 26