Supreme Court should have taken the Harmon rent control case


Do you have the right "real estate karma" to rent here? The UWS Harmon house with its three rent-regulated tenants. 

NEW YORK DAILY NEWS
April 24, 2012

Supreme Court should have taken the Harmon rent control case
by James Panero

Current law allows for lavish living, practically for free

On Monday, the U.S. Supreme Court refused to hear an appeal from James and Jeanne Harmon, the owners of two townhouses on West 76th St. who have challenged the constitutionality of rent control.

In Harmon v. Kammel, the Harmons claimed that such controls meant that the government has essentially made them the private funder of a welfare program. It had also illegally taken their property in violation of the 5th Amendment, which reads that “no person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Rent control, they argued, has taken their private property “without just compensation.”

When the Harmons took ownership of their two small buildings, which had been in the family since 1949, they also got the tenants occupying three rent-controlled apartments. By law, these tenants now lease their apartments at 59% below market rate with lifetime tenure and generous succession rights.

A decade ago, one of Harmon’s tenants even bragged to a newspaper that he lived there “practically free” due to his great “real estate karma.”

Monday’s Supreme Court decision might only sound like a setback for landlords like the Harmons, but really it’s bad news for our entire city, which has long been the victim of a disastrous and near fatal experiment in price fixing. This is especially true for neighborhoods like the upper West Side, where I have been a lifelong resident.

Rent control was an “emergency” measure put in after World War II that stayed on the books for political convenience, even as it nearly bankrupted our city’s aging housing stock. These laws, which came out of a fear of the dangers of the free market, in fact demonstrated how government-manipulated pricing could be far more destructive than market forces.

With rents, services and evictions all regulated by the legislature and the courts, the city and state became the absentee landlords of neighborhoods like the upper West Side.

Power flowed from a politician’s apparent ability to depress rental rates for existing tenants while “taking on” the buildings’ now captive owners for diminishing services.

The city’s price controls, among the most stringent in the country, meant that the rate of apartment turnover plummeted. This created an artificial apartment shortage that continues to raise the rental rates of new construction. Since lower rent also meant that existing owners had less revenue for upkeep, for years aging buildings decayed for lack of funds, meaning that politicians could exert even greater rhetorical leverage over their “slumlord” conditions.

Historically, rent control has exacted its heaviest toll on the very tenants it purports to serve. The wealthy could maintain multiple residences while keeping their sprawling and under-used rent controlled apartments off the market.

Corrupt tenants learned to manipulate their rents even further by calling in phony complaints to the Department of Buildings and suing for bogus “diminution of services” in order to tie up rate increases in litigation (the practice remains commonplace today). Meanwhile, average, honest renters became hostage to the artificially depressed rents of their apartments as rent control diminished surplus and drove up the prices of alternative rental apartments.

Even as their building and their neighborhood collapsed around them, they were often unable to afford to relocate and became increasingly captive to the whims of a political class that purported to have a say in rental rates.

What saved New York wasn’t rent control. It was the cooperative revolution. Stocked with rent-controlled and rent-regulated tenants, the aging buildings in neighborhoods like the upper West Side, despite their grandeur, became next to worthless to their owners.

In the 1970s and 1980s, non-eviction plan coop conversions finally allowed owners to sell shares of their buildings to their own rent-controlled and rent-stabilized tenants, who could then invest their capital and sweat equity into the restoration of the neighborhood. Rather than taking on the landlords, as landlords themselves they took on the squalor of their neighborhood and restored areas like the upper West Side to what we see today.

Despite the damage done to our neighborhoods, rent control and rent regulation still feeds our city’s political machine. In 2008, Rep. Charlie Rangel, with a reported net worth of $566,000 to $1.2 million, was even caught taking up four rent regulated apartments for his personal use.

If the courts won’t take it on, the time has come for New Yorkers to do the right thing in the voting booth and say no to a system that has given their politicians a free ride while damaging their neighborhoods almost beyond repair.

Time for Tim Tebow to Stand Tall

Tim Tebow appearing in Superbowl commercial for Focus on the Family, 2010

NEW YORK DAILY NEWS
April 1, 2012

Time for Tim Tebow to stand tall
by James Panero

His voice and values may be just what New Yorkers are looking for

Out of the circus that has surrounded the arrival of the Jets new backup quarterback, one thing is clear: New York has never seen a culture warrior like Tim Tebow — a fact that could challenge the city in profound ways.

For this “muscular Christian,” football and faith have been a winning combination. And like his game on the field, Tebow’s powers of religious persuasion didn’t come by chance. They date back long before his star turn for the Denver Broncos, his championship runs with the Florida Gators or the local squad he joined as a home-schooled teenager.

Tebow is an evangelist — not just for his Christian faith, but more importantly, for the kind of living it commands. And now, rather than that message being spread in more conservative Colorado, Tebow has the opportunity to practice what he preaches on the world’s largest stage.

In a city where sky-high abortion rates are rarely questioned, he should spotlight the problem. In a city where churches are being forced out of public schools on weekends, he should speak for them. In a city where abstinence-only sex education is passé to the powers that be, he should connect with young people on the virtues of saving oneself for marriage.

Call it Tebow’s biggest mission.

Abortion is the first and most obvious opportunity. The son of Baptist missionaries, Tebow was born in the Philippines. While pregnant, his mother Pam went against doctors’ orders and refused to have an abortion. This story has long informed Tebow’s own pro-life beliefs. During the 2010 Super Bowl, the organization Focus on the Family famously aired a pro-life advertisement featuring her being “tackled” by her loving son.

The ad proved to be a simple and positive treatment of a mother’s love for her “miracle baby.” “He almost didn’t make it into this world,” she said. “I can remember so many times when I almost lost him.”

Airing this soft-sell ad despite the pushback from abortion groups became a victory for Tebow and his convictions. He later claimed that a survey revealed that 5.5 million viewers changed their stance to pro-life because of its message. A football star can be a powerful argument against an abortion that had once been presented as a medical necessity.

What better place to repeatedly make the case than in New York City? This is the country’s “abortion capital,” with the highest rate of any city in the nation. Yet it’s rarely discussed that fully 40% of all pregnancies here end in abortion — 83,000 in 2010 — compared to 23% nationally, according to the Chiaroscuro Foundation.

It’s not that New Yorkers are happy about the fact: Two-thirds of us, including a majority of pro-choice supporters, believe these numbers are too high. It’s just that we’d prefer not to think about it. That may be coming to an end; it’ll be impossible for Tebow to ignore the epidemic in his new backyard.

Second, Tebow should challenge a city administration that’s been downright hostile to a few dozen small churches fighting for the right to use public school space on weekends. If secular groups can rent the spaces, the churches contend, why should religious organizations be forbidden?

But that’s precisely what Michael Bloomberg has fought to do, citing a policy prohibiting “worship services” that courts have, up until now, endorsed.

A visit from Tebow to the Bronx Household of Faith, which is at the eye of this storm, would send a powerful message and likely change many minds.

And imagine if, instead of only serving as a spokesman for car dealerships and clothing brands like other sports stars, Tebow also uses his celebrity to sell New Yorkers on the evangelical Christian values that course through his bloodstream. For example, back in 2009, Tebow openly admitted in a press conference that he was a virgin — an earnest and honest expression of his convictions.

That sort of straight talk could win him many converts of the literal kind. Kids wearing his jersey might think twice before getting pressured by peers to engage in irresponsible behavior.

None of this is a leap of faith: Unlike Charles Barkley, who famously chafed when called a “role model,” Tebow embraces the term.

The Tim Tebow Foundation, which the football star first envisioned when he was an undergraduate, now uses “the public platform that God has blessed Tim Tebow with to inspire and make a difference in people’s lives throughout the world,” according to its website. As the testimonial from coaching legend Tony Dungy makes clear, “His leadership and Christian values set an example not just for his teammates, but for all young people.” Now, he has the opportunity to set an example for New Yorkers of all ages.

In the process, he just might call New York City to recognize its true character, hidden in plain sight. Much has been made about the pious Tebow landing in a heathen town. “So the Denver Broncos have sent quarterback Tim Tebow to the New York Jets, which is akin to dropping the Christian among the lions,” wrote Tracee Hamilton in the Washington Post.

It’s a common refrain, but it relies on a caricature. New York is far from the Gomorrah that Woody Allen describes in “Annie Hall”: “Don’t you see the rest of the country looks upon New York like we’re left-wing, communist, Jewish, homosexual pornographers? I think of us that way sometimes, and I live here.”

In fact, Andrew A. Beveridge, a professor of sociology at Queens College and a demographer at Gotham Gazette, reports that an “estimated 6.8 million New Yorkers — or more than 83% of the population — were identified as being affiliated with some organized religion in 2000.”

Just how religious does that make New York City? More religious than all states except Louisiana and “even slightly higher than Utah,” writes Beveridge.

From the tallest church in America — Riverside Church, at 22 stories — to the seat of a newly reinvigorated Catholic archdiocese led by Timothy Cardinal Dolan, to the epicenter of American Jewry, to evangelical ministries now sprinkled into old theaters throughout the city, New Yorkers take their religion seriously but silently.

Tebow’s words and, more importantly, his actions, can help get religion out further into the public square.

“If people are still somehow talking about prayer or talking about my faith, then I think that’s pretty cool,” Tebow said on Monday.

Just days after his arrival, that strategy is already working.

UPDATE: Syracuse Post-Standard picks up on this story and reports the Jets may have other ideas for their backup quarterback.

American Scenes

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Thomas Hart Benton, Cut The Line (1944)

UPDATE: Welcome Painters' Table readers! Be sure to check out all of our art-related features.

THE AMERICAN CONSERVATIVE
April 2012

American Scenes
by James Panero

A review of Thomas Hart Benton: A Life, by Justin Wolff; Farrar, Straus, and Giroux, 432 Pages, $40.

Thomas Hart Benton was a painter who could appear on the cover of Time magazine one year only to be drummed out of the New York art world the next. He was a child of privilege--the son of a U.S. Congressman and the great nephew of a famous senator--who developed his own progressive artistic style to elevate provincial Americans over East Coast elites. A mentor and friend to Jackson Pollock, he nevertheless railed against the rise of Abstract Expressionism and served as a whipping boy for the avant garde.

He was a “man who could be so charming and so crude, who was an anti-intellectual intellectual, and who scorned a career in politics but was profoundly political,” writes Justin Wolff in his new biography These contradictions make “Benton such a magnetic subject for the writer. We want to pin him down precisely because we cannot.”

For over half a century, art history has tried to wrestle Benton to the ground. He was “the favorite target of leftist critics and proponents of abstract art.” A goading antagonist, he often asked to be taken down. He went after the “coteries of high-brows, of critics, college art professors and museum boys.” After fleeing New York for Kansas City in 1935, he ranted that mid-Western artists

lisp the same tiresome, meaningless aesthetic jargon. In their society are to be found the same fairies, the same Marxist fellow travelers, the same ‘educated’ ladies purring linguistic affectations. The same damned bores that you find in the penthouses and studios of Greenwich Village hang onto the skirts of art in the Middle West.

“His poor judgment, profanity, and belligerent baiting of any artist walking a different stylistic or ideological path scandalized New Yorkers, New Englanders, and Missourians equally,” writes Wolff. “Over the years he opposed abstract art, curators, homosexuals, intellectuals, Harvard, New York City, Kansas City, women, and old friends like [Alfred] Stieglitz and [Lewis] Mumford, to name a few.” For a biographer who himself once dismissed Benton as a “conservative crank,” Wolff has now written a keen critical recuperation, if not a defibrillation, of this unique American artist.

“We were all in revolt against the unhappy effects which the Armory show of 1913 has had on American painting,” Benton once said of the seminal exhibition that first brought European modernism to New York. Benton represented the American reaction to this influence, an anti-avant-garde, but he came of age at the center of the vanguard of new art. He studied at the Art Institute of Chicago and the Academie Julien in Paris before settling into the progressive art circles of New York in the 1920s. Stanton MacDonald-Wright, the abstract painter, became a close friend. For fifteen years he experimented with cubism, pointillism, and synchromism--or rather “wallowed in every cockeyed ism that came along,” as he later admitted.

Rhythmic-construction
Thomas Hart Benton, Rhythmic Construction (1919)

Benton (the artist) once said that Senator Benton--his famous namesake, known as “Old Bullion,” who championed Western expansion--gave him “a kind of compulsion for greatness.” In 1924, he visited his home state of Missouri to attend to his ailing father, Maecenas, who had tried to persuade him to pursue law. Following the trip he determined to seek out his own American path in art. Benton soon got over his “French hangover,” according to the writer Tom Craven, and shed the “worn-out rags and fripperies of French culture” to “find himself as an American.”

A professor in art history at the University of Maine, Wolff is at his best exploring the philosophy behind the rise of Benton’s new signature style, which he locates in the pragmatism of John Dewey. Benton did more than merely react to the avant-garde. He developed a compelling counterpoint to modernism that he believed was far more populist and progressive than the art theories coming out of Europe. He came to see, writes Wolff, that art “should be instrumental (a favorite term of Dewey’s) and work to clarify ordinary experiences rather than interrogate the mysteries of the world. Based on such philosophies, Benton concluded that art should be realistic, not abstract, and that it should serve practical rather than intellectual ends.”

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Thomas Hart Benton, People of Chilmark (1920)

The “distinctly American philosophy” of pragmatism, an anti-theory theory that related knowledge to “practical purposes,” meant that Benton was “more interested in common American experiences than in what many deemed the elitist aesthetic theories of avant-garde artists, who sought to justify experimentation and abstraction with a specialized, professional language. For many, then, Benton was one of them: he spoke their language, painted their lives, and believed wholeheartedly in the significance of their experiences.”

The critic Lewis Mumford gave Benton his regional focus, where “regional customs and spontaneous rituals, not our theories, account for the nation’s dynamism,” and “local customs and common experiences trump political or ideological categories,” writes Wolff. Mumford emphasized definitive, verifiable, and local knowledge. “The region provides a common background,” Mumford maintained, “the air we breathe, the water we drink, the food we eat, the landscape we see, the accumulation of experience and custom peculiar to the setting, tend to unify the inhabitants.”

By the late 1920s, writes Wolff, Benton came to believe in “a devotion to experience, an anti-elitist concept of art.” He also saw that “centralized intellectual and political power was contrary to democracy.” The new art that he developed therefore sought to elevate people’s “regional” characteristics. He pursued a “Regional Survey” to reveal a population “with respect to soil, climate, vegetation, animal life, industry and historic tradition” (Mumford’s words). The format that Benton found most suited to this form of expression was the mural--large, populist, and capable of telling a multi-part story. He populated these expanses with colorfully molded characters drawn from studies made in small towns and urban ghettos across the country. He packed these fluid figures in energized, dense, and often cacophonous compositions in a style that became known as the “American Scene.”

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Thomas Hart Benton, A Social History of the State of Missouri (1936) in the House Lounge in Missouri State Capitol. Jefferson City, Missouri

In his compositions, Benton was in part inspired by the realism of the nineteenth century French writer Hippolyte Taine. Folk songs also “appealed to Benton’s sense of narrative structure,” writes Wolff. “As in his murals, these songs present history anecdotally: in folk tunes, colorful characters and scenarios serve more general stories about injustice, labor, or outsider status.” He sought to restore republican virtues “through the rejuvenation of American folk traditions and values.”

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Thomas Hart Benton painting Persephone (1938)

Benton shot to fame with his new style, appearing on the cover of Time magazine in December 1934, an unprecedented recognition for a living artist. In an article that profiled Benton and his fellow regional painters Grant Wood and John Steuart Curry, Time declared that Benton was “the most virile of U.S. painters of the U.S. Scene.”

By the early 1930s, Benton had successfully championed an art form that was equal parts populist and conservative. He received large mural commissions from the New School for Social Research (for a cycle called “America Today,” 1930-31) and the Whitney Museum of American Art (“The Arts of Life in America,” 1932). He also worked as a celebrated instructor at the Art Students League starting in 1926.

Yet a year after the Time article came out, Benton became embroiled in a controversy surrounding another famous muralist. It was an episode that would define his political trajectory as a “communist turned patriot,” writes Wolff, and also blacklist him in progressive art circles. Benton first met the Mexican muralist Diego Rivera while studying in Paris. Both artists used the same style to advance their own political positions. For Rivera, that meant Stalinism. In 1932, the Rockefeller family commissioned Rivera to paint a mural for the lobby of 30 Rockefeller Center, which the artist called “Man at the Crossroads.” For one figure in the finished cycle, Rivera swapped in the face of Vladimir Lenin. This forced Rockefeller to pull the commission and cover over the work.

The New York art world was in an uproar, but Benton remained ambivalent. A group of Left-leaning modernists seized on the opportunity to take him down. The artist Stuart Davis rallied the Arts Students League against him. In one altercation at the school, someone threw a chair at him. Benton “should have no trouble in selling his wares to any Fascist or semi-fascist type of government,” declared Davis. “[His] qualification would be, in general, his social cynicism, which always allows him to depict social events without regard to their meaning.”

Writing in Partisan Review a short time later, the historian Meyer Schapiro “excoriated Benton’s apparent nationalism and ‘strong masculine’ figures, which he felt were dangerously similar to the xenophobia and idealizing style of fascist art,” writes Wolff. In his populist murals, wrote Schapiro, Benton did not display the necessary Leftist political commitment, instead depicting “an escape from the demands of the crisis” that was “pitiful and inept.”

After the Rivera episode, Benton “never again pretended to stand on common ground with the radical Left,” writes Wolff. “Having a chair thrown at him by an angry communist, or being called a fascist, had as much to do with Benton’s reaction to radical leftism as did his pragmatism.” He left New York for the Midwest. The episode also demonstrated a flaw in realistic art that proved to be as equally fatal to Benton as Rivera: Politics of both the left and right could easily sully and co-opt realism. It was no coincide that didactic realism became the style of choice in both Fascist Europe and Communist Russia. Abstraction had no such political vulnerability. After backroom discussions between the Museum of Modern Art director Alfred Barr and Time’s Henry Luce, the same magazine empire that had crowned Benton king of the realists in 1934 championed the Abstract Expressionist Jackson Pollock in 1949 with a profile in Life magazine that asked, “Is he the greatest living painter in the United States?”

The irony is that Pollock’s greatest influence was none other than Benton, his former teacher at the League. Benton started out an abstractionist only to become an infamous realist; Pollock went the other way, working through a regionalist style to arrive at his famous dripped abstractions. Much has been made with Pollock’s break with Benton. In 1944, Pollock declared Benton to be “something against which to react very strongly.” He once cursed Benton, exclaiming “God-damn you, I’m going to become more famous than you.” In the years following his drunken, fatal car crash in 1956, Pollock’s prophecy came true.

The critic Carter Ratcliff has argued that Benton’s influence on Pollock was a negative one. Benton was a surrogate for a “weak and absent father” says Ratcliff, and “didn’t want a son so much as a sidekick, a young and manipulable version of himself.” Pollock also “shamed himself” in aping after Benton’s style. But Wolff documents how Benton stayed close to Pollock until the end. “He answered Pollocks’ desperate late-night phone calls, refused to discourage his awkward infatuation with [Benton’s wife] Rita, and supported his career.” While dismissing his style, Benton also called Pollock “one of the few original painters to come up in the last ten years.”

Posterity has been far less charitable to Benton. As his style fell out of favor, several of his commissions from the 1930s were let go. The New School’s panels are now owned by AXA Equitable, which restored and now displays them in the lobby of its headquarters on Sixth Avenue in New York. The Whitney Museum sold of its panels in the 1950s to the New Britain Museum of American Art in Connecticut.

While I would have preferred a more chronological narrative and a more typical biographical structure, Wolff’s book makes a compelling case for making the pilgrimage to see them and giving Benton another look. “The panels of the America Today mural... floored me,” says Wolff. “the mural surpassed merely entertaining narrative. It possesses a palpable urgency.”

With our generation’s renewed interest in local culture and a skepticism of international progress, Benton’s philosophy seems ripe for reevaluation. “I believe I have wanted, more than anything else, to make pictures,” said Benton, “the imagery of which would carry unmistakably American meanings for Americans and for as many of them as possible.” While it may be arguable whether Benton achieved these ends, their pursuit now seems singularly compelling.

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Thomas Hart Benton, The Arts of the South, from the mural The Arts of Life in America (1932) now in the New Britain Museum of American Art