Our disappointment and frustration are difficult to express.”

Yvonne Haskins, concerned neighbor

After a series of three hearings, Common Pleas Court Judge Ann Butchart dismissed local developer Ken Weinstein's petition to take control of the former Germantown YWCA – a historically important building that has been vacant and deteriorating for more than two decades under city ownership.

Butchart ruled Friday that Weinstein failed to prove the property was sufficiently blighted or abandoned under Pennsylvania's Act 135, which allows courts to appoint conservators to rehabilitate neglected properties.

The ruling extends a years-long stalemate over one of Germantown's most historically significant properties. While community members who seek its redevelopment as affordable senior housing grow increasingly frustrated with delays, City Councilwoman Cindy Bass's continued support of a developer who has been chronically unable to secure financing has blocked alternate proposals.

Weinstein said he plans to appeal the decision and petition Butchart to reconsider her ruling.

"We're still thinking through our options, though at the very least we will ask the judge to reconsider her decision," he said. "We hope she will give us the reasons for her decision in writing, which could then lead us to appeal it with a higher court."

Bass, who did not respond to requests for comment, has maintained her backing of KBK, citing the importance of having a Black-owned business develop the property in the majority-Black neighborhood. Under Philadelphia's tradition of councilmanic prerogative, district council members have effective veto power over land use decisions in their districts.

Community pushback

Community members – who see the building as a powerful symbol of Germantown's civil rights legacy – point to the stalemate as a case study of how Philadelphia's system of councilmanic prerogative can keep important development projects in limbo.

"It became more and more obvious to me, as the Redevelopment Authority testified, that the ugly councilmanic prerogative question prevents them from doing the job that they are by law tasked with," said Suzanne Ponsen, president of West Central Germantown Neighbors. "As long as Councilwoman Bass stands behind developers who can't deliver and prevents other developers who can, they are stuck."

Yvonne Haskins, a founder of the Friends for the Restoration of the Germantown Y, questioned the implications of the ruling for other blighted properties.

"Considering our work and the prolonged government neglect and abandonment of the building, our disappointment and frustration are difficult to express," she said. "It raises the question of how much blight under Act 135 could a city allow on a publicly-owned building before being subject to a conservatorship action?"

The court's decision creates more political pressure in a district that Bass won by just a few hundred votes in the 2023 primary, Haskins said.

"We now face another year of the PRA allowing the continued political obstacles, with no pushback whatsoever," Haskins added. "We now expect that until the next City Council election, the blight will continue even beyond another year."

A century of history

The former YWCA served as a community anchor and civil rights hub for over a century before closing in the early 2000s. The Philadelphia Redevelopment Authority (PRA) seized the property in 2013 after its previous owner, Germantown Settlement, defaulted on a $1.3 million loan and filed for bankruptcy.

The PRA awarded development rights to Columbus, Ohio-based KBK Enterprises in 2016, but the project has stalled repeatedly as the developer struggles to secure financing. Most recently, KBK's application for crucial state low-income housing tax credits was rejected in July, again pushing any potential groundbreaking further into the future.

During court proceedings, Weinstein argued that the city had meanwhile allowed the building to deteriorate dangerously. Architect Sam Olshin testified about loose bricks, water damage, crumbling steps, and a retaining wall near collapse, saying the property showed signs of neglect spanning at least a decade.

The PRA countered that it had been a responsible steward, spending $1.5 million on stabilization work and conducting monthly maintenance visits since 2016. PRA Chairman David Thomas testified that crews recently removed debris, added fencing, and posted "no trespassing" signs.

Development in limbo

KBK's $18 million proposal would create mixed-income housing and commercial space, but the company cannot proceed without securing tax credits, which are only available through annual applications. Last year, the company promised to start construction on the project in the spring of this year. Now, the earliest it can reapply for the tax credits it needs is spring 2025.

Under Philadelphia's tradition of councilmanic prerogative, district council members have effective veto power over land use decisions in their districts. Thomas acknowledged at an August board meeting that this political reality prevents the authority from seeking new developers without Bass's support.

"We don't do anything in a vacuum without consulting with elected officials," Thomas said. "It does not behoove us to issue an RFP that we know will not be accepted."

Patricia Burks, a member of the Friends group, said the ruling means more lost hope for turning the building into affordable housing for seniors – most of whom cannot afford the rents for new construction buildings going up throughout the neighborhood.

"These Philadelphians are the heart and soul of Germantown," she said. "Many have been voters, never expecting that the power of government would allow the Y to deteriorate physically or that their need for housing would be ignored – with no apparent reason for continued support of a developer unable to secure funding."

In a statement, Weinstein argued that the PRA's handling of the property conflicts with Mayor Cherelle Parker's stated goal of making Philadelphia "the safest, cleanest, and greenest city in the nation."

"At this point, we're fearful that this decision will give a green light to the PRA and the city that they are free to blight our communities – with no consequence," he said.