An audit released Jan. 16 by State Comptroller Thomas DiNapoli called out unsafe conditions and poorly documented spending at Evergreen Gardens in Soundview, a city-run Mitchell-Lama property.

The two buildings at 950 and 955 Evergreen Ave. have 358 total units and are operated by Nelson Management, based in Queens. Under the Mitchell-Lama program, the cooperatives are privately owned and managed and overseen by the city Department of Housing Preservation and Development (HPD).

Along with Evergreen Gardens, the comptroller also audited Clinton Towers in Manhattan, operated by P&L Management, and Tivoli Towers in Brooklyn, operated by Stellar Management, for the new report. 

At the Bronx development, auditors found holes in the foundation, cracked plaster, water leaks, evidence of pests and other hazards, in addition to unsubstantiated spending that did not follow HPD rules. 

DiNapoli said in a statement that the audit findings show a “clear need for better oversight of the Mitchell-Lama program.”  

“The Department of Housing Preservation and Development must do more to ensure that these properties are managed responsibly and that tenant apartments are safe, well-maintained, and affordable,” he said. 

A spokesperson for Nelson Management said in a statement to the Bronx Times that the company took over Evergreen Gardens in 2022 “after many years of serious neglect by the prior owners” and that the audit no longer reflects conditions today. 

“We have since invested more than $7.5 million in capital improvements, including a new roof, new boiler, extensive facade and brick work, brand new lobbies, installed numerous security cameras, and created new parking lots to make them secure against theft,” the spokesperson said. “In coordination with HPD, we are committed to the tenants of Evergreen Gardens, and continue to address any issues that exist in the common spaces and individual units as needed on an ongoing basis.”

However, HPD’s own records show that residents still face conditions that are hazardous to their health and safety.
The state audit released Jan. 16 found exterior holes at Evergreen Gardens where pests could easily enter. Photo courtesy DiNapoli’s office

950 Evergreen Ave. has 71 open housing violations, some from as recently as December 29 and 31. Sixteen of the violations are Class C, defined as “imminently hazardous” and requiring repair within 24 hours. Those included inadequate heat and hot water, roach and mice infestations. The 955 building has 106 open violations, with 22 designated as Class C. 

In response to the audit, Bronx Borough President Vanessa Gibson said that households living in such conditions is “unacceptable.” 

“Based on State Comptroller DiNapoli’s audit, it is clear that stronger oversight and accountability are urgently needed to ensure that residents live in safe, well-maintained conditions and that affordable housing resources are managed responsibly,” she said. 

Physical and financial hazards 

The comptroller’s audit of Evergreen Gardens covered Jan. 2019 through April 2025 and included three site visits, one in Sept. 2024 and two in March 2025.

The comptroller’s office found holes in the foundation where pests could enter, as well as large debris on the ground near the courtyard that posed tripping hazards.

In apartments and common areas, auditors found widespread water damage, peeling paint, cracked plaster, mold and beeping smoke alarms that needed new batteries.

They also cited doors that did not self-close — a particular concern following the Twin Parks fire of 2022, which claimed 17 lives. Following the tragedy, investigators found that doors in the hallways and apartment units did not automatically close, allowing the fire to spread quickly throughout the building. 

State auditors found evidence of significant water damage at Evergreen Gardens. Photo courtesy DiNapoli’s office
Cardboard covers a ceiling hole at Evergreen Gardens. Photo courtesy DiNapoli’s office

In addition to hazardous conditions, the comptroller also identified financial mismanagement at the three properties. 

At Evergreen Gardens, DiNapoli’s office found nearly $34,000 in “unsupported or unrelated expenses,” including missing invoices for building repairs. It also found bonuses totaling $10,250 for the super, porters and maintenance staff, even though the property was operating at a loss.

Further, the audit found that management paid nearly $4 million to five vendors without HPD approval and without evidence of a competitive bidding process — both of which are required for payments exceeding $100,000. 

Managers’ ability to collect timely rent from shareholders was also an issue at all three properties, where residents collectively owed approximately $4 million. 

At Evergreen Gardens, the comptroller found $1.26 million in arrears, the majority of which was over 120 days late, as of Feb. 12, 2025.  

HPD responded in the comptroller’s report that managers are working to collect arrears in a timely manner but face obstacles in doing so, including lengthy housing court processes. 

The arrears figures cited by the comptroller do not indicate a lack of oversight and “fail to account for the substantial collection challenges that property managers face,” HPD said. 

‘The need for real accountability’

DiNapoli’s office concluded, as it has in previous audits, that stronger oversight of Mitchell-Lama properties is needed. 

In the new audit, the office recommended that HPD improve oversight of the physical and financial conditions, while strengthening policies regarding bonuses, credit card use and other operations. 

In its response to the audit, HPD said it closely monitors Mitchell-Lama properties “as a regular practice.” 

But some shareholders have argued that government oversight — whether HPD or the state Division of Homes and Community Renewal (DHCR) — is weak, responding only after fraud and hazardous conditions have already occurred. 

For instance, in 2023, DiNapoli’s office identified physical and financial problems at Jamie Towers, a state-supervised Mitchell-Lama property, also in Soundview, where the Bronx Times has reported extensively. 

The Jamie Towers shareholder board has accused management of poor conditions, including brown-tinted tap water, failing to fill vacancies and improper purchases, such as auto parts and designer eyeglasses, all while increasing monthly charges by 40% in 2024. 

Council Member Amanda Farías said the new audit “puts into writing what Mitchell-Lama residents in my district have been experiencing for years.”

“This audit reinforces the need for stronger oversight, real accountability, and tenant protections that prioritize stability and safe living conditions,” she said. “Mitchell-Lama must work for the residents it was created to serve.”

Reach Emily Swanson at eswanson@schnepsmedia.com or (646) 717-0015. For more coverage, subscribe to our newsletter and follow us on Twitter, Facebook and Instagram!