Staring Down the Wrecking Ball, These Brooklyn Grandmothers Won’t Be Moved

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A Crown Heights building in limbo could inspire more landlords to deregulate through demolition—or more tenants to fight to stay in their homes.

Adi Talwar

Alema Finnigan, Pamela Hicken and Rosalee Frater stand outside the entrance of 285 Eastern Parkway in March 2024.

Rosalee Frater understands the economic forces she’s up against. The things she loves about her neighborhood, that the 61-year-old mother of five has known since she was a teenager, have helped solidify its status today as what she calls a “pot of gold.”

Frater’s rent stabilized apartment at 285 Eastern Parkway in Crown Heights is half a block from the subway. The Brooklyn Museum and stately Central Library are a few blocks west, and she can easily walk to Prospect Park. 

So when she and her family started receiving buyout offers from their landlord Renaissance Realty Group in late 2019, they declined. Frater’s mother Alema Finnigan, who lives downstairs, also refused to leave, as did two other senior women, Pamela Hicken and Jean Thompson. At the time, they had all been neighbors for over 40 years. 

Today, their four-story building is nearly empty. Thompson moved out abruptly in January, leaving just three apartments rented. But by standing their ground, the remaining tenants are delaying their landlord’s application to knock the building down, along with adjoining 291 Eastern Parkway—a combined 33 apartments. 

Renaissance has filed plans for an eight-story building on the site, with 76 units, a healthcare facility, and 40-car garage. They claim this would be a net gain for the neighborhood in the midst of an historic housing shortage. But pursuing demolition is also one of the few legal pathways to remove an entire building from rent regulation. 

Now this familiar story—a tenant’s home is a landlord’s financial asset—has a new character. In 2015 Renaissance took out a $5.5 million mortgage from Signature Bank. After the bank collapsed spectacularly in 2023, the loan passed to a federally-backed joint venture with a mission to preserve affordable housing.

Homes and Community Renewal (HCR), the state agency that oversees regulated housing, has yet to say if Renaissance can proceed with evicting the remaining tenants at 285 Eastern Parkway, a prerequisite to demolition. If, or how, the new lender will exert pressure isn’t yet clear. 

But Frater’s plan is. “My thing is stand firm, hold your ground, because that’s where you live at,” she told City Limits on a warm evening in October. “And if you don’t fight for you, who’s going to fight for you? No one. You got to stand up to the end.” 

How to deregulate a building

Rent stabilization has allowed Frater and her neighbors to live affordably for decades, as their neighborhood has changed dramatically. Crown Heights North saw its Black population drop 20 percent over the decade ending in 2020, from a majority to a plurality, while its white population nearly doubled. Rents have soared. 

The neighborhood’s median asking rent was $3,000 in February, according to Streeteasy. The holdout 285 Eastern Parkway tenants, by contrast, pay between $516 and $810 a month, thanks to limited allowable rent increases. But even their own building has been in a state of transformation for years. 

Before the 2019 passage of the state’s Housing Stability and Tenant Protection Act (HSTPA), landlords could remove apartments from stabilization by churning through tenants. Vacancies came with a tantalizing 20 percent rent boost. By renovating, sometimes fudging the math, landlords could push them even higher.

Exactly when, and how, Renaissance deregulated most of 285 and 291 Eastern Parkway isn’t clear. In April 2022, tenants found a listing for one apartment touting a “Gorgeous NEW Kitchen.” Other empty units appear fresh and clean, even as issues in the occupied ones, like sagging floors and damaged ceilings, go unfixed. 

But the building also underwent major renovations years ago. Lashawn Diallo, one of Frater’s daughters, recalls some tenants taking buyouts in the late aughts. The city approved renovation plans for 291 Eastern Parkway starting in 2006, and over half of 285 a few years later. A 2013 sales pitch called the property 75 percent “free market.” 

Adi Talwar

Rosalee Frater in her apartment at 285 Eastern Parkway in early October 2023.

By December 2019, when Renaissance agent Michael Schultz approached Frater and her husband with an initial $149,000 offer, stabilized tenants remained in just seven of the apartments on her side of the building. Two accepted buyouts by June 2022, and another tried to take over her late grandmother’s lease, only to be evicted last summer. 

The trajectory on the other side of the building is more hazy, but Renaissance described it as entirely vacant in an October 2022 ledger. A few people appear to be living there today, though Frater, Hicken and Finnigan believe they are affiliated with the landlord. 

Diallo, who is currently living in her parents’ apartment with her teenage daughter, believes that Renaissance never anticipated that a few tenants would refuse to move. “That was a wildcard,” she said. 

Hicken says she had a clarifying experience in early 2021 when Schultz, of Renaissance, asked her to encourage others to take the money and leave. 

“They probably figured with my mouth and my pull, I could talk to the other tenants,” she recalled. But she refused what she saw as a betrayal to her friends. Instead, she called local Assemblymember Phara Souffrant Forrest, who was a member of the Crown Heights Tenant Union before taking office. 

Forrest says that she sees her role as helping tenants organize, as “that’s the source of our power.” Her staff began hosting meetings on the 285 side of the building in May 2021, with a mix of old-timers and newer tenants, even as it was emptying out. The latter, living in unregulated apartments, didn’t have any rights to a lease renewal. 

The demolition factor

Today, demolition is one of the only ways to definitively wipe out a building’s regulated status. The 2019 rent laws narrowed the path for co-op and condominium conversion, and increased scrutiny on the “substantial rehabilitation” route, which requires replacing most of a building’s systems.   

The New York City Department of Buildings issued eight demolition permits for buildings with stabilized apartments in 2023, a City Limits analysis found. Last year’s permits cover about 400 units, according to counts from Department of Finance tax bills—the most since the passage of the HSTPA, though still trailing the early 2010s.

But the process is complicated. Before bringing in a wrecking ball, a landlord must get permission from HCR to deny renewal leases to any regulated tenants in the building. If granted, tenants are owed sizable payments, which are calculated using a formula and were recently increased to keep pace with market rents.

“We generally tell a client it’s three to five years,” said Deborah Riegel of the law firm Rosenberg & Estis, who is not involved in the Eastern Parkway application. “Time is death in development. Things need to move and demos don’t move quickly.” 

Renaissance filed its request in July 2023. The few remaining tenants immediately opposed it with an assist from Brooklyn Legal Services, saying demolition would violate a term in the building’s mortgage and could even be a bluff, given the apparently good condition of the empty apartments. 

The tenants also accused their landlord of lowballing the concession payments HCR requires, in a ploy to make upfront buyouts look more attractive and lure them out faster. 

At 73, Hicken has no interest in leaving the apartment she’s called home since the late 1970s, and which she shares with her adult son. Sitting in her living room in November, she recalled the years that she’d hear gunshots throughout the night: “boop, boop, boop.” Today, the neighborhood feels safe. 

Adi Talwar

Pamela Hicken in her living room at 285 Eastern Parkway in November 2023.

Hicken hopes to retire soon, but for now still works for Mount Sinai Hospital System. Her work computer is nestled among trophies from Star of Bethlehem, part of Enoch Grand Lodge in Bed-Stuy, where she’s associate matron. A stuffed tiger from her daughter surveys from the couch. “Look at my age,” she told City Limits. “Where am I going?” 

Parker Winship, one of the attorneys assisting Hicken and her neighbors, believes Renaissance’s application shouldn’t be considered in isolation. The state legislature is currently debating modifications to the 2019 rent laws that could help landlords increase rents on an apartment-by-apartment basis. 

But when it comes to building-wide deregulation, Winship sees Eastern Parkway as a bellwether, particularly for landlords in expensive neighborhoods like Crown Heights—it could inform whether they “decide to pursue demolition in the future.” 

Enter the FDIC 

When Renaissance took out the $5.5 million mortgage on 285-291 Eastern Parkway from Signature Bank in 2015, low interest rates meant that landlords could get cheap financing for large amounts of debt, based on high building valuations that were only expected to keep growing. 

“In 2015 it was hard to imagine anything ever going wrong in New York City real estate for landlords and investors,” said Jacob Udell, director of research and data at University Neighborhood Housing Program (UNHP), an affordable housing developer. 

But as early as 2018, according to Udell, they began to suspect a peak. Then the  HSTPA narrowed landlords’ ability to raise rents and deregulate apartments. Rent collection fell during the COVID-19 pandemic and inflation and interest rates rose—all factors that could leave a building with more debt than value. Then Signature collapsed. 

In a post-mortem, the Federal Deposit Insurance Corporation (FDIC) concluded that the bank had underestimated risks in the volatile crypto currency industry. But real estate was always a big part of its business. When it failed, Signature’s $33 billion commercial real estate portfolio, mostly multifamily properties, passed to the federal government. 

In December, the FDIC appointed a joint venture led by the Community Preservation Corporation (CPC), a nonprofit housing finance company, to service $5.8 billion of that pool, in which it has a 5 percent stake. The debt is secured by about 35,000 New York City apartments, largely regulated, including those at 285-291 Eastern Parkway. 

Adi Talwar

The exterior of 285 Eastern Parkway in November 2023.

Renaissance’s lawyer, Joseph Goldsmith of Kucker Marino Winiarsky & Bittens, has argued to HCR that a no-demolition clause in the mortgage is irrelevant because the debt came due in October of last year. 

But CPC confirmed to City Limits that it granted Renaissance an extension that month. Records reviewed by City Limits show the mortgage is not due to be fully paid off until the end of January 2026, and that the entire $5.5 million principal is still outstanding. 

In a case like this, where a building secures a loan, demolition is not allowed until the debt is paid, a spokesperson for CPC said. The FDIC has also established rules for its joint ventures to “facilitate the financial and physical preservation of underlying collateral,” and has a statutory obligation to preserve affordable housing. 

The feds’ newly released operating agreements are dense and partly redacted. But it’s clear that they include a nearly $580 million fund to help the CPC-led venture fix former Signature buildings, and flexibility for CPC, which is compensated largely through management fees, to modify loans. 

UNHP and the Association for Neighborhood and Housing Development (ANHD), a member organization of nonprofit developers and tenant groups, have been in talks with the FDIC and CPC over the last year. Eventually, they’d like the new lender to test more interventionist strategies, like transferring buildings to more responsible owners.  

“In New York City especially, housing is seen as for profit, but we actually have a moment where we can switch the narrative and think of housing as a human right,” said Will Depoo, senior campaign organizer with ANHD. 

Renaissance owes up to $45 million in former Signature loans across eight buildings, according to an ANHD analysis of public data, suggesting broader leverage. 

Not all Signature buildings are alike, cautioned Ben Carlos Thypin, a broker who has worked on transactions involving properties with a mix of apartments similar to 285-291 Eastern Parkway. Not only is the property in a very attractive location, but it’s largely deregulated, he argued, suggesting it’s still more valuable than the mortgage. 

Renaissance could simply pay its debt to shrug off any pressure from CPC, he predicted. And demolition could be a tantalizing incentive to do so. A nearby parcel in Prospect Heights recently listed for $297 per buildable square foot. Napkin math suggests the Eastern Parkway land could be worth over $15 million.

NYC Dept. of Buildings

Rendering of Renaissance’s proposed replacement building for 285-291 Eastern Parkway.

“Most of the buildings that secure mortgages taken over by CPC are not in this situation,” Thypin said, adding that the venture should “focus its efforts and capital on pursuing preservation outcomes in those situations in which they have more leverage.” 

Adding another wrinkle, the state may soon negotiate a new residential tax incentive. Local zoning would not require Renaissance to build any affordable apartments on the Eastern Parkway lot. But, left to its own devices, the developer could be tempted to build more regulated and low-income apartments than currently exist there. 

Frater’s daughter Diallo would rather see the existing, empty units re-regulated and rented affordably. “There’s so many people in shelters, and just living on the streets,” she told City Limits. “Fill the apartments!” 

This kind of intervention may hinge on the availability of government subsidies, said Sam Stein, senior policy analyst at the Community Service Society of New York (a City Limits funder). But in this sea of unknowns, he urged CPC to explore its leverage rather than “hope for the best from a private landlord.”

Will they, won’t they?

It is difficult for Hicken, Frater and Finnigan to picture their building, with its brick facade and Greek columns, reduced to dust and rubble. To them, the empty apartments seem habitable. 

In early 2021, before pursuing demolition, Renaissance put the building up for sale. A promotional video from the time, with a clubby soundtrack, describes it as recently renovated with air rights. 

“People could move in tomorrow,” said Michael Hollingsworth, a former City Council candidate who is working with the tenants as an organizer with the Crown Heights Tenant Union. “So the idea that the building needs to be knocked down, it just doesn’t make sense.” 

Photos of vacant 285 Eastern Parkway apartments, taken in February and shared with City Limits. The living area is Apartment 7 and the bathroom is in Apartment 8.

Historically, it wasn’t unheard of for landlords to start pursuing demolition, enter negotiations with tenants, and then modify their plans once they settled on buyouts, according to Riegel, the attorney with Rosenberg & Estis. 

“There were for sure owners that, once they got through negotiations with the tenants, had more freedom to not take the entire building down to the foundation,” she said. But HCR now requires landlords to submit approved demolition plans, she added, which are costly and time-consuming and effectively eliminate that flexibility. 

Renaissance did not respond to detailed questions about its plans for the property, or actions to date. But in a recent letter to HCR, it accused the remaining tenants of “comparing apples to oranges,” and said past renovations don’t rule out “more economically advantageous” demolition. 

Setting aside predictions about the landlord’s ultimate course, the tenants say it’s time for action, and that HCR—which declined to discuss any pending case with City Limits—should at least be talking to Renaissance’s new lender, as they have sought to. 

In November, Frater, her mother and Diallo were able to sit down with FDIC staffers to discuss the situation in their building. The location was somewhat surreal: Signature’s recently-emptied Manhattan offices. Hollingsworth accompanied them. “We were in the boardroom where I guess a lot of the, you know, devious deals were done,” he recalled. 

Such meetings with tenants are crucial if the ultimate goal is to fix apartments and prevent displacement, said Depoo of ANHD. 

But while it was exciting, the ladies are still waiting for a follow up. And CPC’s response to a recent request for a sit-down was troubling. The lender declined to meet unless the landlord is also present, later telling City Limits that excluding Renaissance could create legal liability and a perception of interference with the owner’s operations. 

CPC said it’s willing to talk to Crown Heights Tenant Union organizers as a sort of intermediary to learn about building conditions and Renaissance’s actions, but Hollingsworth was not impressed. 

“People really thought it was going to be a shift in the way we deal with the landlord-tenant dynamic,” he said. “We thought that leverage could be used to help the tenants. If that doesn’t come to fruition it’s going to be pretty disappointing.” 

Formidable foes 

In February, Renaissance offered fresh buyouts to Frater and Finnigan, upping the ante to $285,000 and $315,000, respectively. 

Brooklyn Legal Services believes these latest offers aren’t much larger than what they would ultimately be owed if the demolition application prevails. The new HCR rules also clarify that the agency can withdraw its approval if it finds, after the fact, that a landlord was acting in bad faith.

But the ongoing pressure has been unnerving. “How can I sleep at night?” Finnigan wondered in March, gathered with her neighbors in the quiet lobby of their building.

In his latest letter to the state, Goldsmith, Renaissance’s lawyer, argued that the women are standing in the way of “a newer, more modernized, and safer building” and engaging in “exactly the conduct” that contributes to New York City’s housing shortage. 

Chris Janaro

Hicken takes the bullhorn at a rally outside of 285 Eastern Parkway on March 9, with an assist from Michael Hollingsworth of the Crown Heights Tenant Union.

That logic seems to have fallen flat with City Councilmember Crystal Hudson, who said she is planning to write to HCR opposing his client’s application. And while the developer’s proposed replacement building wouldn’t require her sign-off, she warned Renaissance could end up on her list of bad actors “who we shouldn’t be working with.” 

“Anybody who is trying to deregulate units and certainly displace older Black women who have been there for decades—for sure, that’s a problem,” Hudson told City Limits. 

But if at any point Hicken, Frater and Finnigan change their minds and take the money, the HCR application will no longer be necessary. Renaissance might still have its new lender to contend with, but its most formidable foes would be out of the way. For the ladies and their families, the preservation fight would be lost. 

At a drizzly March 9 rally outside the building, alongside other Brooklyn tenants facing deregulation attempts in their buildings, Hicken kept her remarks brief. “We would be lost without our apartments,” she shouted into a bullhorn. 

“You know grandmothers know how to fight,” she added. “And we fight to win!” 

Data analysis by Patrick Spauster. Additional reporting by Chris Janaro. 

To reach the reporter behind this story, contact Emma@citylimits.org. To reach the editor, contact Jeanmarie@citylimits.org

Want to republish this story? Find City Limits’ reprint policy here.

Upcoming Minnesota Orchestra season to celebrate Nordic composers, 50 years of Orchestra Hall

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The newly announced Minnesota Orchestra 2024-25 season includes a two-week festival spotlighting Nordic composers and culture, the return of the Composer Institute and a series of events commemorating 50 years at Orchestra Hall.

Ticket packages of three or more concerts are on sale now at minnesotaorchestra.org or by calling 612-371-5642. Single tickets will be available on July 29.

Highlights of the upcoming season include:

Now in his second season as music director, Thomas Sondergard will begin the season in September with two weeks of concerts that include three new-to-the-orchestra works by Andrea Tarrodi and Thomas Ades. The season wraps in June 2025 with a dance-inspired program with music from Carlos Simon, Sergei Prokofiev and Sergei Rachmaninoff.

Sondergard, who is Danish, will bring the inaugural Nordic Soundscapes festival to Orchestra Hall in January. It includes two weeks of programming showcasing the contributions of historic and contemporary composers from Nordic nations.

The season will spotlight a diverse collection of contemporary composers, older works that have been historically obscured and pieces that have not been performed by the ensemble in decades.

Alongside Pulitzer Prize-winning composer Kevin Puts, Sondergard will relaunch the Composer Institute, a residency program for emerging composers that culminates in a public concert on April 25, 2025.

The Live at Orchestra Hall series includes concerts dedicated to the music of John Williams, John Denver, the Beatles and a fusion of Brahms and Radiohead. The orchestra will also provide live accompaniment to the films “Star Wars,” “Hocus Pocus,” “Elf,” “Harry Potter and the Deathly Hallows Part 2” and “Back to the Future.”

Season guests include violinists James Ehnes and Isabelle Faust, pianists Ingrid Fliter and Alice Sara Ott and newcomers Yunchan Lim, Bruce Liu and Randall Goosby. Seven Minnesota Orchestra musicians will perform as soloists.

In concerts on Nov. 22 and Nov. 23, Sondergard will lead performances of Mozart’s Requiem with the orchestra, the Minnesota Chorale and a collection of vocalists, including three-time Grammy Award-winning bass-baritone Dashon Burton and two Minnesota natives: mezzo-soprano Alma Neuhaus and tenor Jack Swanson. On May 1 and May 3, the orchestra will offer its first complete performance of Puccini’s Turandot since 1985 with vocalists Christine Goerke, Adolfo Corrado and Masabane Cecilia Rangwanasha.

The first concert at Orchestra Hall took place in October 1974 and the fall programming will have several events to celebrate, with specific activities to be announced at a later date. The season will also feature selections that were performed during the 1974-75 season, including Maurice Ravel’s Valse Nobles et Sentimentales and a version of Johann Sebastian Bach’s Toccata and Fugue in D minor.

For more information, see minnesotaorchestra.org.

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UConn concludes a dominant run to its 2nd straight NCAA title, beating Zach Edey and Purdue 75-60

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By EDDIE PELLS (AP National Writer)

GLENDALE, Ariz. (AP) — A basketball beatdown. A coaching clinic. A double-digit domination.

Take one guess who finished off a romp through college basketball again. You bet, it’s UConn — a team built to win now, and often, and by a lot every time it takes the court.

Coach Dan Hurley’s Huskies delivered the latest of their suffocating hoops performances Monday night, smothering Purdue for a 75-60 victory to become the first team since 2007 to capture back-to-back national championships.

Tristen Newton scored 20 points for the Huskies, who won their 12th straight March Madness game — not a single one of them decided by fewer than 13 points.

UConn was efficient on offense but won this with defense. The Huskies (37-3) limited the country’s second-best 3-point shooting team to a mere seven shots behind the arc and only a single make, while happily allowing 7-foot-4 AP Player of the Year Zach Edey to go for 37 points on 25 shot attempts.

UConn won its sixth overall title and joined the 2006-07 Florida Gators and the 1991-92 Duke Blue Devils as just the third team to repeat since John Wooden’s UCLA dynasty of the 1960s and ’70s.

“I just think it’s the best two-year run in a very, very long time, just because of everything we lost from last year’s team,” said Hurley, whose top two scorers from last year now play in the NBA. “To lose that much and do it again, it’s got to be as impressive a two-year run since at least prior to Duke.”

The 2024 Huskies are the sixth team to win all six tournament games by double-digit margins. They won those games by a grand total of 140 points, blowing past the 1996 Kentucky team, which won its six by 129.

In a matchup of two top seeds, they wore down the Boilermakers (34-5), who made it this far a year after becoming just the second No. 1 in the history of March Madness to fall in the first round. But Purdue left the same way it came — still looking for the program’s first NCAA title.

So much for the free-for-all this new age of the transfer portal and name, image and likeness deals was supposed to become. UConn has figured out how to dominate and replenish its roster with players who understand their roles.

Cam Spencer, a transfer from Rutgers, Stephon Castle, a blue-chip freshman, and Alex Karaban, a sophomore from last year’s team, spent the night guarding the 3-point line and making life miserable for Purdue’s guards.

“They just made a decision — we can defend the perimeter, and we can take this away from you, you’re going to get the ball to your best player, he’ll be 1-on-1, and that’s that,” Purdue coach Matt Painter said.

This was only the second time this season Purdue didn’t put up 10 3-point attempts, and how ’bout this final score: Edey 37, the rest of the Boilermakers 23.

How serious was Hurley about defending the perimeter? When Braden Smith wiggled loose for a semi-open look to make Purdue’s first 3 of the game with 2:17 left in the first half, the coach bolted onto the floor and called timeout.

And that was that from behind the arc.

“Coaches made a point that we’d be really locked in if we controlled their 3-point attempts,” Spencer said. “Holding them to seven shows we were locked in on making sure their guards didn’t get involved in the game.”

With his Xs-and-Os masterpiece, Hurley joins former Florida coach Billy Donovan in the back-to-back club, and is in company with Bill Self and Rick Pitino as only the third active coach with two championships. News broke over the weekend that it appears there’s a job opening at Kentucky, and the UConn coach’s name has come up there.

“I don’t think that’s a concern,” Hurley said. “My wife, you should have her answer that.”

No way the Huskies would want to lose him.

Hurley earned every penny in this one. In the first half, he begged with, swore at and generally berated the refs about over-the-backs, elbows and hip checks that weren’t called.

Once, when that didn’t work after Edey set a hard (and probably legal) pick against Castle, Hurley started in on Edey himself as the center walked toward the Purdue bench for a timeout.

But the coach’s best work came in whatever hotel room he used to draw up the game plan.

“The whole game plan was no Smith, no Loyer, no Jones, no Gillis,” Hurley said, as he ticked off the last names of the Purdue guards. “We knew if we keep them below 18, 20 points as a group, and they had no chance to win, no matter how well Zach played.”

It’s no slight on Edey, who battled gamely, finishing with 10 rebounds to record his 30th double-double of the season. But this game proved the number crunchers and analytics experts right. UConn let Edey back in and back down all night on 7-2 Donovan Clingan, giving up difficult 2s in the post in exchange for any 3s.

“They only doubled late in the second half, but by that point we had dug ourselves too deep of a hole,” Fletcher Loyer said.

The defensive dominance put the finishing touch on a tournament in which UConn’s average margin of victory was 23.3 points. Sure, Hurley might have to replace two or three of these players, but the coach said he’ll worry about that in a week or two.

“Obviously, what can you say?” he said. “We won — by a lot — again.”

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David French: Israel is making the same mistake America made in Iraq

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As the war in the Gaza Strip reaches its six-month mark, I’m getting a disturbing sense of déjà vu. Israel is facing many of the same challenges that the United States faced in Iraq, and it is making many of the same mistakes.

When I read my colleagues Aaron Boxerman and Iyad Abuheweila’s outstanding report last week about Israel’s recent fight to take Shifa hospital after raiding it last year, this sentence caught my attention: “But as the war ground on, Israeli forces closed in on the hospital again in mid-March in an attempt to root out what they said was a renewed insurgency by Palestinian armed groups in northern Gaza.”

Think of those words: “renewed insurgency.” That means Israel was doing exactly what we did for much of the Iraq War — fighting again over ground we had presumably already seized. And the sad reality of those terrible battles reminded me of a seemingly counterintuitive truth: In the fight against terrorists, providing humanitarian aid isn’t just a moral imperative; it’s a military necessity.

The terrible civilian toll and looming famine in Gaza are a human tragedy that should grieve us all; they are also directly relevant to the outcome of the war. A modern army like Israel’s can absolutely defeat Hamas in a direct confrontation, regardless of whether it provides aid to civilians. But as we’ve learned in our own wars abroad, it cannot preserve its victory unless it meets Palestinians’ most basic needs.

So far most international attention has focused on Israel’s conduct at the tip of the spear. The question that dominates the discourse is whether Israel’s behavior as it battles Hamas complies with the laws of war and Israel’s own moral standards. That is a vital question — one worth answering in full when the fog of war clears — but the war may well be decided after the first phase of combat, when Israel faces a different set of legal and moral obligations, the obligations of an occupying power.

I want to be very precise and clear here. By “occupying power,” I do not mean that Israel should permanently conquer (much less settle) Gaza territory. I’m referring to the technical legal status of an invading army once it attains control of an invaded region. Think of the laws of war as operating in phases, with Phase 1 regulating the combat operations of the initial attack and Phase 2 regulating the way in which an attacking force governs the territory it controls — before the transition to permanent civilian control.

Decisive and effective military action can inflict immense losses on your enemies, but the initial strikes and even the initial invasion don’t just inflict losses; they create a vacuum. Hamas wasn’t just the dominant military force in Gaza; it was also the government. Removing Hamas from power can mean something very much like de-Baathification in Iraq. It destroys the civil service and removes the means of maintaining civil order.

Unless the same military that creates the vacuum fills that vacuum, either with its own effective administration or an allied administration, then the enemy maintains an opening. It has hope. That’s why words such as “renewed insurgency” or “infiltrated back to the north” are so ominous. They’re a sign that the vacuum has not been filled, and there is room for Hamas to revive.

But that vacuum has to be filled in a very specific way — with an eye toward the safety and security of the civilian population. It’s not simply a matter of control. It’s also a matter of justice and sustenance. The U.S. military’s Commander’s Handbook on the Law of Land Warfare, for example, is very clear: If the United States is the occupying power, it must provide food and clean water. It must provide law and order. It cannot leave the civilian population to fend for itself.

In fact, that was the central failure of the first phase of the Iraq War. Our forces — much like the Israeli military — proved remarkably lethal and effective in urban combat. But we were ineffective in maintaining civil society or the rule of law. Iraqis’ hunger and thirst didn’t make the news as much as the plight of the people of Gaza does today. They did experience anarchy, though, and that anarchy almost cost America the war. We went for the quick win, and we ended up embroiled in one of our longest conflicts.

Even worse, that anarchy may well have represented our most consequential violation of the laws of war during the entire conflict. While mistaken strikes, tragic accidents and scandals such as the prisoner abuse at Abu Ghraib marred the U.S. military effort, our combat operations as a whole were precise, targeted and often exceeded the requirements of the law of armed conflict.

Our initial occupation, however, was a disaster, and that disaster didn’t just lay the groundwork for the years of war that followed; it also represented a failure to uphold our legal obligations to the people who were temporarily under our jurisdiction and control.

The U.S. military turned the tide during the surge by adopting a fundamentally different approach. Our mantra was “protect the population.” When we engaged in offensive operations, we didn’t strike and immediately move, we struck and stayed. We made sure that families were safe, that food supplies were secure and that markets could reopen. We put ourselves in the middle of cities and towns and rural communities until we were certain there was no power vacuum left to be filled. It was hard, dangerous and slow, but it worked.

To discuss the obligations of an occupying power, however, is to bring up an aspect of the war in Gaza that no one wants to embrace. On the American right, too many people labor under the delusion that the war can and should be deadly, decisive and fast. Speaking to Hugh Hewitt on Thursday, Donald Trump complained that Israel is “losing the PR war.” And what was his solution? Israel has “got to finish what they started, and they’ve got to finish it fast, and we have to get on with life.”

The Republicans cheering this kind of talk are signaling that they’ve learned nothing. “Finish this fast,” and you don’t finish it at all. You leave behind bodies, you create mountains of rubble, and your enemy rejoices. All you’ve done with this “quick” victory is demonstrate to the local population both a lack of regard for their lives and a lack of will to truly defeat your foe. Hamas will crawl out of its tunnels and rule Gaza yet again.

To even begin to discuss the obligations of occupation is to raise an entirely different set of objections. Isn’t occupation the source of the conflict? Won’t direct Israeli control only serve to inflame the wounds that caused the conflict in the first place? But there is a difference between a power that complies with the law of war through temporary provision of humanitarian assistance and civil authority, and a power that defies the law of war through conquest and settlement.

That’s why the Biden administration’s approach thus far is far superior to Trump’s. The latter approach, which emphasizes a fast fight and quick conclusion, is actually deeply harmful. It’s a formula for immense human suffering and eventual military defeat. Although I have some qualms with the details of the Biden administration’s approach, its directional thrust — providing military aid while exerting relentless pressure for increased humanitarian efforts — is superior. It’s much closer to matching the military, legal and moral needs of the moment.

In fact, Biden’s approach is getting results. After he reportedly threatened to condition future military aid on concrete Israeli steps to aid Palestinian civilians, Israel reopened a vital border crossing. That’s the path forward. Aid civilians as much as possible while also giving Israel the weapons it needs to prevail against Hamas and deter a full-scale shooting war with Hezbollah and Iran.

Six months into the war, we cannot forget its immediate cause. Hamas’ massacre of Israeli civilians means that Israel possesses both the legal right and moral obligation to its own people to end Hamas’ rule and destroy its effectiveness as a fighting force. Hamas continues to hold Israeli hostages and reportedly rejected a proposal as far back as February for a second cease-fire and release of hostages.

The moral urgency of destroying Hamas remains, but it is a profound mistake to think that defeating it in battle is at odds with the legal and moral obligation of a large-scale humanitarian effort to feed and protect the civilians of Gaza. In fact, the two goals are inextricably linked. Fail at either one, and Israel may ultimately face its most consequential defeat.

David French writes a column for the New York Times.

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