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The $204 Million Agreement Behind a Brooklyn Rental Nobody Talks About

The Monologue

In August 2019, city records show two instruments filed against 10 Montieth Street within days of each other: a $62.41 million mortgage from Berkadia Commercial Mortgage LLC and a separate agreement recorded at $204.41 million. The gap between those two numbers — $142 million — is the most important fact about this building, and almost no one is talking about it.

10 Montieth Street is an 8-story, 501-unit elevator apartment building in Bushwick, Brooklyn, completed in 2017 on an 84,363-square-foot block assemblage under R6A zoning. It is one of the largest purpose-built rental projects delivered in that neighborhood during the last decade. At 314,877 square feet across residential, commercial, garage, and retail components, it is also a structurally complex asset — the kind that looks straightforward until you pull the ACRIS records. This piece argues that the capital stack at 10 Montieth signals a refinancing situation that the implied market value alone cannot resolve, and that the August 2020 deed transfer to the City of New York adds a layer of encumbrance that any prospective lender or buyer needs to understand before underwriting.


The Architecture of 10 Montieth Street

10 Montieth Street was built in 2017, at the peak of Brooklyn's post-recession rental construction wave. The building reflects that moment precisely. At a built FAR of 3.73 against a maximum allowable FAR of 3.0 under R6A zoning, it was developed beyond the base zoning envelope — a condition that typically arises through inclusionary housing bonuses or a prior approval pathway. That matters structurally: a building with a non-conforming FAR cannot be rebuilt as-of-right if substantially damaged, and that carries insurance and long-term value implications that rarely surface in a broker's offering memo.

The program itself is telling. Of the 314,877 total square feet, 255,541 is residential — 500 apartments across 8 floors averaging just over 511 square feet per unit. That floor plate density is consistent with workforce or affordable-income targeting rather than market-rate luxury. The 57,217-square-foot garage component is significant: in a borough where parking is increasingly viewed as an underutilized asset, that square footage either anchors a revenue line or represents conversion optionality. The 2,119 square feet of retail at grade does neither at that scale — it is too small to attract an anchor tenant and too committed to generate meaningful income. In a different market, that retail would have been residential. The developer made a 2015-era bet on street activation that the numbers have not vindicated.


The Capital Stack: Brooklyn Elevator Markets, 2025–2026

City records show three debt instruments filed against 10 Montieth Street in 2019. In April of that year, a $10 million mortgage was recorded — likely a construction completion or pre-stabilization bridge facility. Four months later, in August 2019, Berkadia Commercial Mortgage LLC provided a $62.41 million permanent mortgage. On the same date, a separate agreement was recorded at $204.41 million. That agreement figure is not a mortgage in the traditional sense — instruments recorded as AGMTs in ACRIS typically reflect regulatory agreements, subsidy documents, or affordability covenants tied to programs like HPD's Mixed Income Loan Program or the 421-a tax exemption. At $204.41 million, this is almost certainly a long-term regulatory framework that governs the income mix of the 500 units, the rent structure, and the conditions under which the ownership can exit. That is not a liability in the accounting sense. It is a constraint on liquidity, and constraints on liquidity reprice debt.

The August 2020 deed transfer to the City of New York for zero dollars is the other number that commands attention. A $0 deed transfer to a municipal entity on a 500-unit rental building can reflect several things: a tax lien workout, a ground lease clarification, a regulatory taking of a partial interest, or a transfer of a community facility component. What it is not is routine. The recorded owner remains Evergreen Gardens II LLC, which suggests this was not a full conveyance — but any title search on this asset needs to resolve that instrument before a lender prices a new loan. The assessed value stands at $40.5 million, implying a market value of roughly $90 million at the standard 45% assessment ratio. Against the $62.41 million Berkadia mortgage, that suggests a loan-to-value in the range of 69% — workable, but not with a $204 million regulatory agreement running alongside it and a municipal deed of unclear scope clouding the title chain.


The Light Tower Thesis

The conventional read on 10 Montieth is that it is a stabilized, large-scale Brooklyn rental with a performing Berkadia loan and six years of operating history behind it. That read is incomplete. The $204.41 million regulatory agreement almost certainly means this building carries long-term affordability restrictions that cap rent upside and constrain the exit universe to buyers who can underwrite a regulated cash flow — not the broader multifamily buyer pool. The $0 deed transfer to the City narrows that universe further until it is resolved on title. And the built FAR overage means any redevelopment scenario is off the table as-of-right. What Evergreen Gardens II LLC owns is a well-located, large-format Bushwick rental with a durable income profile — but the path to refinancing, recapitalization, or sale runs directly through the regulatory and title complexity that most advisors will underweight.

A sponsor thinking clearly about this asset in 2025 should be asking one question: what does the capital markets execution actually look like for a regulated 500-unit Brooklyn rental with a municipal deed instrument on the chain and a maturing Berkadia loan? The answer requires someone who reads the ACRIS record the way a reporter reads a court filing — not for what it says on the surface, but for what it reveals about the structure underneath. That is the work that determines whether this asset trades at $90 million or significantly below it.

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