Neighbors pull together epic legal action on historic Germantown Y building.
Some things are worth fighting for. It’s been more than two decades, but the Germantown community refuses to give up its dreams for their historic YWCA building, the city’s first integrated social service agency. Opened in 1918, the “Y” was a community anchor for almost a century, and has remained a beloved landmark even after its closing in 2006.
Neighbors here have been extremely pro-active about repurposing the building, launching numerous grassroots campaigns over the years to create senior living, affordable housing, and perhaps even space for meetings/popups/events/etc.
But yet it languishes.
“You can see that the water is just eroding the bricks,” said Renee Cunningham, who runs Center in the Park senior center right behind the building, “The mortar in between the bricks has come loose. In some cases, it’s missing. It would be easy to just pick the bricks right out of the wall.”
Renee was speaking at City Hall last May, where a judge was hearing arguments over whether the Y’s current owner could be deemed negligent enough to lose conservatorship. The wild part is that technically, we’re all kind of owners – the Y is public land! This is the first time that Philly’s anti-blight law, Act 135 (on the books since 2008), has been enacted against the city. As you can imagine, there’s been some drama.
Local developer Ken Weinstein has been at the center of the community’s push to restore the Y since 2015, when his proposal to create low-income senior housing here was rejected by the Philadelphia Redevelopment Authority. This move was hardly a surprise, considering Councilwoman Cindy Bass openly opposed Ken’s project, basically saying Germantown’s business corridor deserved higher-end development. Her plan was for the PRA to “seal up the building” while she searched for “a better developer.” Ouch.
To add insult to injury, none of Cindy’s plans ever happened. The out-of-state developer she found, KBK Enterprises, fails year after year to secure the funding and permissions necessary to break ground. Plans have changed from Luxury Residential to Workforce Housing, but the story remains the same: “Coming soon!” Meanwhile the Y falls deeper and deeper into disrepair. An abandoned building can’t remain structurally sound forever – eventually, it’s too far gone to restore.
What’s Cindy’s end-game here? The community has been loud and clear about their preferences, and as taxpayers you’d think they should have some say. But here in Philadelphia there’s a tradition known as “Councilmanic Prerogative,” which basically means that District Councilmembers like Cindy have full say over all the public real estate dealings in their jurisdiction – whatever they want, they get. No matter how stupid or shady-seeming, it’s just how we do in this city.
But Germantown has its own code, where neighbors demand the courtesy of their representative’s attention. A grassroots effort @SaveGermantownYWCA has been boosting community awareness and support for the Y’s preservation, including regular calls for civic action. Lately, Ken Weinstein’s Act 135 appeal has been a topic of great interest and excitement. If Ken wins conservatorship, critical repairs can begin immediately.
That’s a big “if” though.
Until now, Act 135 has only been used to hold private property owners accountable. Which begs the question: Is our City government subject to the same laws as its citizens, or does a municipality enjoy a degree of immunity?
For Ken, there’s no doubt: “This is why Act 135 exists,” he told WHYY, “to bring commercial property owners to the table to force them to do the right thing.” Yeah but as 2024 has taught us, Money and Power can really put a big thumb on the scales of Justice.
Despite all evidence, the PRA Board’s chair insisted at May’s hearing that the City has been a responsible steward for the Y, with the building’s preservation a top priority all this time. Now a second hearing has been scheduled for September, where more witnesses will speak to defend Cindy’s leadership in this matter. Once all the information’s in, the judge will make a ruling – it could be months before this situation is settled. The outcome could set a new precedent for other neighborhoods dealing with similar issues.
👀 LOCAL EYES ON THE ‘Y’ 👀
For further insight, we caught up with our own Germantown Insider, a longtime neighbor and member of the Y’s “Friends” group on Facebook. This person attended May’s PRA hearing, along with a bus full of Center in the Park’s seniors carrying signs of support for Ken Weinstein. The following Q&A sheds light on the political dynamics at play, and the challenges neighbors face in their fight to hold onto an important local landmark and valuable community resource.
How did the hearing go?
The City wasted almost the entire time slowly, painfully questioning PRA (Philadelphia Redevelopment Authority) Board Chair Dave Thomas about largely irrelevant facts. It was so boring. They didn’t even get to put up their last two witnesses! So it’s continued again; the next hearing is Sept. 12 at 1:30PM. That’s almost a year from when the case was filed! They believe they’re making a winning case, but it’s very weak. They may be going slow to see if the city’s preferred developer, KBK Enterprises, gets the state tax credits they’ve applied for.
They might think all they need to do is slow walk it until Cindy finds them money or something…?
She already found them City money to the tune of $3 million from the Division of Housing and Community Development. That was front-ended and speeded up to give them more credibility for the state low-income tax credits. That’s critical for them to even have a chance of moving forward. They applied in January, but there’s no decision yet.
I’m confused, aren’t they waiting on funding, not tax credits?
I don’t fully understand tax credits, but they do count as funding. It’s one of the biggest pieces of a funding package for a building like the Y. With the City funds and the state tax credits, they can go to banks to get the other construction money they need; which would be loans. I was told by a developer that the project is expected to run about 18 million dollars. They also said borrowing for housing is tight right now, so nothing is guaranteed. KBK has been chasing money since the PRA first approved them in 2016. That’s eight years ago!!🙄 They were previously rejected for Historic Tax Credits, lost on appeal, and were rejected by the City.
Do you really have hope that Cindy will give in, after everything we know about how she controls her district?
If the City loses this case, it will no longer be up to her. It will be up to the judge. But unfortunately, because this case is a political hot potato, KBK will probably get put under court supervision and given a time limit to make something happen. If they get state tax credits, they may get the other funding needed to move forward. That’s why spreading out the court scheduling is bad for our side. Fortunately, the judge in this case has a good reputation. And the City’s lawyers don’t seem to be that effective. Objectively, we should win, but you never know. There’s never been a case like this in Philly. Act 135 has never been used against a City agency, only against private owners.
What about councilmanic prerogative*, though?
That wouldn’t apply because if Ken Weinstein wins, the city no longer owns the property. He or someone else becomes conservator, and the building gets repaired and stabilized, then sold. Ideally, it would go to Mission First Housing to create low-income and affordable housing, ideally for seniors. Ironically, that’s what Cindy blocked ten years ago in 2015! Sad!
Do you feel there’s a good chance?
I can’t say for sure, but a respected lawyer in our Friends of the YWCA Facebook group believes there’s a good chance it’ll succeed. Ken Weinstein’s attorney, who is an expert on Act 135, also seems optimistic. It’s still a very nerve-wracking and seemingly never-ending saga.
This is a developing story, follow Friends for the Restoration of the Germantown YWCA on Facebook for updates.
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