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Monday, February 28, 2022

Covid Turned Affordable Housing Development Into A High-Wire Act

 In the best of times, developing a new building that provides affordable housing in a major U.S. city can feel like performing in the circus — keeping 20 plates spinning at once, fending off lions, pulling rabbits out of hats.

But these developers’ juggling ability has been tested like never before in the past two years as the housing market has buckled under the weight of pandemic-driven shifts in lifestyle, supply chain disruptions and shortages, and inflation rising at the fastest rate in 40 years.

For luxury developers and market-rate homebuilders, this has meant rents and sale prices hitting record highs and riches that seemed unthinkable in April 2020. But affordable housing builders’ mission of keeping rents low denies them that same backstop in this moment of cost increases and historical challenges.

At the same time, vocal groups in communities around the country have increasingly fought to add dense, government-subsidized housing — the type of units this country needs by the million. As a result, many projects have stalled, some have fallen apart, and the need for the homes these developers provide has only deepened.

“To be an affordable housing developer right now is incredibly difficult,” said Texas affordable housing developer Lisa Stephens, the president and owner of Saigebrook Development. “Our rents are not keeping up with the cost of construction, and particularly, the increases we’ve seen across the last 24 months.”

When Mary Lawler, executive director at Houston affordable housing developer Avenue, names various government funding sources the organization has accessed through the years, it is usually with the addendum that they are no longer available.

The Low-Income Housing Tax Credit, one of the key ways the federal government funds affordable housing, is oversubscribed and underfunded, she said. Funds allocated to senior housing have dried up. The Build Back Better bill, which aims to provide hundreds of millions of housing funds, is on shaky ground. Coronavirus eviction moratoriums have been lifted. 

"There is not enough funding to meet the need," Lawler said. "What we're trying to do is come up with new, creative ways of doing this work."

The past two years have been a stressful, demanding, disheartening, but also rewarding time for those who work in the affordable housing industry, according to the 15 men and women Bisnow spoke to for this story. 

Many found new ways to serve residents at their time of highest need, learning lessons they will carry forward past this crisis. All levels of government have focused more attention, and funding, on overcoming the shortage of homes that working-class people can buy and rent.

“From an economic point of view, we as a nation were more generous in the last two years than we had been during this rental crisis,” said Nina Janopaul, an affordable housing consultant and former CEO of the Arlington Partnership for Affordable Housing. “The crisis has made some resources available that weren’t there before. The availability of federal funding has really made some municipalities and states more generous.”

But these groups see trouble ahead. Federal rental assistance has been exhausted in some states and is expected to run out in the coming months, land costs have continued to rise and community pushback in many parts of the country is intensifying. To top it off, for the projects on the books, the highest inflation in 40 years is going to force many developers to find more money — or give up entirely.

“What we’re seeing now are concerns around escalation and supply chain that are going on really for the next few years,” APAH President and CEO Carmen Romero said. “We are kind of confronting one crisis after another right now. It’s been tough getting deals to pencil.”

Managing Through Crisis

Even in the best of times, affordable housing property management is a labor-intensive process. The pandemic made the load heavier almost immediately, and for the long run, said Julianna Stuart, the vice president of community impact for Boston-based nonprofit Preservation of Affordable Housing.

"In the early days, not only did we have to do the ordinary management job in a pandemic, we also had to help residents navigate this new world," she said.

At first, that meant distributing masks and conducting wellness calls on a regular basis for residents who didn't leave home to connect with various kinds of social services, but it evolved into much more. 

"Our work as property managers couldn't stop," Stuart said. "We had to do what we've always done: pay the bills, collect the rent and maintain the buildings, but with the added complication that many of our renters were home all the time and needing more from us than before."

“We’ve had to get creative,” Romero said. “It’s a lot more than the roof over your head.”

APAH, a nonprofit developer that owns and develops thousands of units in Northern Virginia, Maryland and Washington, D.C., raised money for an emergency fund to help residents pay for car repairs or a new work uniform, set up vaccine and testing clinics at its properties, and gave resources to assist children with virtual learning.

“In a way, Covid was an opportunity for us to build relationships that were maybe lacking before,” Romero said. “We increased our staffing from four to 11 so we can be there for them, and we can hopefully deliver more than just a home, to deliver a need.”

But property owners also found themselves in big financial holes, as many of the residents who live in subsidized housing work blue-collar or service-oriented jobs and were laid off at vastly higher rates than better-paid white-collar workers.

“We lost millions of dollars in rent. People were laid off and unable to pay their rent,” Janopaul said. “That was unique to affordable housing.”

When the Emergency Rental Assistance program was established, Stuart said, it became clear that many residents in POAH’s 12,000-unit portfolio needed assistance in applying for it.

"We had to invest in staff, who not only did the outreach to residents but to the folks in our central offices, who were doing the mountains of paperwork and learning these new data portals to submit these requests for rental assistance for thousands of households — and keep track of everything," Stuart said. 

A major part of the pandemic grind for the company was marshaling the talent to set up and maintain the data systems for a portfolio as large as POAH's, ensuring rental assistance got where it needed to be. For each resident, it might have meant just a few hundred dollars, but for the entire portfolio, it was critical the new systems worked — and worked well.

The pandemic also put intense stress on POAH's employees. Resolving that, Stuart said, is still a work in progress.

"We've been working with teams of staff across our portfolio to get ideas for getting along with co-workers and managing stress," Stuart said. "How do we care for our staff, who continue to come to their work sites throughout the pandemic even though they were living through it at home too?" 

Romero said on her calls with nonprofit CEOs across the country, she has heard of upticks in violence and mental health crises at subsidized properties, a concern after nearly two years of isolation for many families.

“What I think people are struggling with now is, where are those resources?” she said. “We’ve figured out rent relief, we’ve figured out eviction prevention. Where do we figure out the mental health resources that we need? That’s where I’m feeling stress, especially because we take on, in many cases, the hardest to house. People who need that extra support to deal with a trauma, our staff is not equipped to do that. They try.”

Project Limbo

In early 2020, David Schwartz’s development firm, Slate Property Group, was under contract for a site in Brooklyn, hoping to build a property that would be affordable to the lowest-income New Yorkers. The deal was signed and the deposit was paid — all with the understanding the city would help provide the financing. But when the pandemic began, the project was immediately thrown into jeopardy.

“Covid hit and the city delayed funding all of their projects. … The city didn't know what was going on with its budget, so it had to hold all of the affordable housing projects.” Schwartz said. “We were probably in limbo for nine to 12 months.” 

New York City cut its Department of Housing Development and Preservation capital budget by $457M that year, a 40% cut that housing advocates warned could lower housing production by tens of thousands of units. The city added $741M in fiscal year 2021, backstopped by federal funding, in an effort to make up for lost time.

Schwartz said the deal didn’t make any sense without city-supplied financing, and the company prepared to walk away without the deposit. But the seller was understanding, and Slate was able to work with them to extend the closing date. Building is due to start soon, and when complete, Slate’s project will provide affordable housing to young New Yorkers who have aged out of city foster care. 

While the project is now moving forward, it showed Schwartz how fragile financing can be for these sorts of projects. Amid an unforeseen crisis, New York had to freeze its support, underscoring the importance of a city maintaining backup funds. 

“I think we need to have emergency funds for affordable housing for a rainy day,” he said, adding that his company dropped possible deals in the past because the financing didn't make sense. “Frankly, we can't afford to not continue to produce affordable housing.”

The Washington Housing Conservancy was just getting started when the pandemic hit. Formed in 2018, the nonprofit identifies and preserves naturally occurring affordable housing, thanks in part to funds kicked in by Amazon HQ2 developer JBG Smith. But getting the nonprofit off the ground has been difficult in a pandemic, said Kimberly Driggins, its executive director. 

“We had a healthy pipeline, and that pretty much evaporated because of the pandemic,” Driggins said.

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The Huntwood Courts apartments at 5000 Hunt St. NE, recently acquired by the Washington Housing Conservancy.

Driggins said local regulations in Washington, D.C., made it much tougher to complete transactions, as an emergency extension of the city’s Tenant Opportunity to Purchase Act allowed tenants to effectively freeze the sale of their building. Nonprofits can have a more difficult time financing deals than for-profit developers in that environment, Driggins said, partially because they can’t extend a line of credit for a lengthy period while they wait for a deal to come through.

“Time kills deals, and not-for-profits don’t have the same kind of time,” Driggins said. “I believe strongly in tenant rights, but I would like the existing laws to do better with serving their interests.”

D.C.-based Wesley Housing, with an existing portfolio of 26 communities, has 13 affordable housing projects in development or planned across the mid-Atlantic, totaling 985 new units and 139 renovated units. The nonprofit affordable housing developer has managed to keep its planned projects moving forward during the pandemic, but CEO Shelley Murphy said it hasn’t been easy. 

Faced with rising materials costs and supply chain delays, the developer has decided to use its own balance sheet to buy materials in advance before securing construction financing for a project, Murphy said. This strategy creates more predictability in the pricing and timing of obtaining construction materials. But it comes with the risk that if the developer can’t land financing and the deal falls through, it is on the hook for material costs. 

“We’re putting our cash at 100% risk,” Murphy said. “If the project were to blow up, we would be sitting there with 100 doors and kitchen sinks. We’re taking that risk so we can keep the project going. While we can afford to do that up to a certain point, I’m sure there are other organizations, smaller organizations, who may not be in a position to do that.”

Wesley has deployed this early material sourcing strategy on at least four recent affordable projects: the rehabilitation of the 56-unit The Hampshire building in Northwest D.C.; the development of the 79-unit Quarry Station senior affordable project in Manassas; the renovation of the 37-unit Knightsbridge Apartments in Arlington; and the renovation of the 63-unit Whitefield Commons community in Arlington. 

The materials Wesley sourced before landing financing for those projects included windows, doors, roofing materials, cabinets, countertops, insulation and appliances. Affordable housing developers must work especially hard to keep down material costs, Murphy said, because they don’t have the ability to raise rents to make up for rising expenses. 

“Our rents are capped, and when we underwrite the project, we underwrite it as so many units that are at 60% rent and so many at 50%,” and so on, Murphy said. “That really puts the pressure on the expense side and what we can manage there, because we’re not going to be able to bring in more operating revenue.”

Right around the onset of the pandemic, The Decro Group was gearing up to start work on a 97-unit mixed-use project on Main Street in Los Angeles, imagined as a multigenerational building. Of the 48 affordable units available to people making 60% of the area median income, some would be designed for and available to families, while others would be available to 55-and-over tenants.

The building would also include 49 units of permanent supportive housing — a type of affordable housing that includes on-site service providers and, with a 30% area median income cap, usually for people transitioning out of homelessness. The ground floor would be leased to a small grocery store. 

The project, Brine Residential, was envisaged as a way people could stay in the building as they moved through the stages of life — families could move into a smaller, senior unit when their children left home, for instance, making space for new families to move in. Across Decro’s portfolio, tenants have stayed long-term, partly because they can't afford to live elsewhere, but also due to relationships with neighbors they don’t want to leave behind. 

“These aren’t just doors that you can lock,” Decro Group Chief Financial Officer Laura Vanderweghe said. “We’re trying to build a community of support within this building where people look after each other, where they lift each other up.” 

At the eleventh hour, Vanderweghe said, she was alerted that, because of a change in fair housing regulations, it wasn’t possible to have designated 55-and-over units in the same building as units where younger people lived. If they wanted age-restricted units, the age restriction needed to apply to the whole building. 

Decro needed to make a choice: senior units or family units. 

“Anyone housed off the street is a win. I don’t want to pick populations,” Vanderweghe said. “But I will tell you that the most vulnerable population in our housing stock at the moment are seniors,” due to their fixed incomes and rising rents. 

But Decro ultimately chose to go with the family units because there are fewer restrictions surrounding who can live in them, she said. Seniors can still apply to live at Brine Residential when it opens, but they will be competing against a vast pool of Angelenos hoping for a lower-cost place to live. 

“We have to kind of cross our fingers and see who occupies this unit, based upon who we pull out of that [housing] lottery,” she said. “And the waiting list will be years and years and years long, because there will never be a shortage of people, unfortunately, who want to live in affordable housing in Los Angeles.” 

Market Competition

If there has been a positive for affordable and social housing during the pandemic, it is the acceleration of a pre-existing trend: Large institutional investors are now even more keen to deploy big amounts of capital in the sectors.

“There is a lot of capital flowing into this space in the UK and a lot of competition for sites,” Man Global Private Markets Head of Community Housing and Portfolio Manager Shamez Alibhai told Bisnow

Blackstone, M&G, L&G and Man Global itself are among the myriad names now looking to make significant investments in affordable and social housing in the UK.

“What the pandemic has done is highlighted the issues around housing for key workers and people on low incomes, people who had to keep traveling and working,” Alibhai said. “It has highlighted the scale of iniquity around housing.” 

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Row houses in the Park Heights neighborhood of West Baltimore

The trend of more for-profit investors in subsidized housing capital markets has come to the U.S. — drawn by assets with low vacancy rates, stable tenancy and the potential for rent growth once subsidy contracts expire, nonprofit developer NHP Foundation Vice President of Development Mansur Abdul-Malik told Bisnow. Any investor pricing affordable housing as a yield-generating asset is likely to win out over one prioritizing the preservation of affordability.

“Projects are going for $1M or $2M more than they were originally listed for,” Abdul-Malik said. “From a risk-adjusted perspective, it’s almost like a bond.”

TriStar Real Estate Investment, an Atlanta impact investor that buys run-down apartment complexes to renovate and keep rents affordable for low-income families, accomplishes its mission via “capital stack gymnastics.” But with investors on a shopping spree for multifamily, TriState Managing Partner Margaret Stagmeier said it has become less expensive for the firm to build new affordable apartment projects. 

“The robust capital markets have created an artificial investor demand for this product type,” Stagmeier said. “I probably average one to three phone calls a week, sometimes a day, from investors wanting to buy our properties.”

Stagmeier said TriStar is competing with private equity for the same low-income apartment properties previously overlooked by most investors. But instead of maintaining them as affordable, these investors are looking to refurbish and “flip them for huge profits,” thereby eliminating a community's affordable stock, she said. 

“It's forced us to compete with these buyers in the same market,” she said. ”I can't buy them and keep them affordable at today's pricing.”

A big driver of fund managers looking to invest is local government pension schemes deciding to up their allocations to the sector as a way of using capital for social good. But Alibhai pointed out that with inflation higher than at any point in the last generation, affordable housing owners will have difficulty increasing rents at the same rate. 

NHP’s costs for development and redevelopment have increased by over 25% in the past 18 months. General contractors have been reporting their subcontractors can only stick to a price quote for a week before taking their services back to the open market, Abdul-Malik said. 

With capital stacks resembling houses of cards, affordable housing projects are ill-suited to both unexpected cost increases and the sort of quick decision-making such a competitive market rewards.

In 2019, the government of Baltimore City awarded NHP master development rights to a 17-acre parcel in the neighborhood of Park Heights, a 96% Black community whose decline into poverty in the latter half of the 20th century is painfully familiar to anyone involved in affordable housing or urban planning. At the time, the project was estimated to cost $100M, which included a large chunk of direct investment from the city. But with costs of all kinds skyrocketing and the development yet to begin construction, NHP was forced to go back to the city and ask for more funds.

“Now the city isn’t sure if it’s able to do it,” Abdul-Malik said. “So we need to figure out if we can cobble together the funds from other sources to make it work.”

Taking On NIMBYism

“It’s not uncommon to see fear-mongering when it comes to affordable housing,” Bickerdike Redevelopment Corp. CEO Joy Aruguete said.

Bickerdike is set to welcome over the next few weeks the first residents of Emmett Street Apartments, its 100-unit, all-affordable project in Chicago’s Logan Square neighborhood. Such developments are necessary to avoid displacing longtime Logan Square families. A 2018 analysis of census data by WBEZ showed Logan Square had lost 20,000 Latino residents since 2000 and become a majority-White neighborhood. The median single-family home in the neighborhood costs nearly $900K

That helped make the seven-story Emmett Street building popular with low-to-moderate-income families, with more than 700 applying for the 50 units reserved for Chicago Housing Authority voucher holders. Some neighbors tried to stop it from even being built.

In March 2020, a group of nearby property owners calling themselves Neighbors for Responsible Development filed a lawsuit alleging Bickerdike’s building would choke off local businesses and create traffic nightmares by adding too much density and replacing a parking lot.

But citing census data, the Metropolitan Planning Council, a Chicago-based nonprofit, found the neighborhood needed affordable housing far more than it needed parking spaces. A judge later dismissed the lawsuit.  

“As a society, we’ve become so incredibly litigious, and everybody now sues for any reason,” Aruguete said.

Frivolous court cases are a part of doing business if you are an affordable housing developer, Aruguete said. A similar neighborhood group tried and failed in 2010 to block Bickerdike’s 61-unit Zapata Apartments, also in Logan Square and completed in 2014. No one attempted such lawsuits against the MiCA Apartments, a 216-unit upscale apartment community that opened just down the street from the Emmett building in 2016.

Lawsuits cause delays, cost money and can make funders nervous, but the open community meetings that typically precede major Chicago developments are sometimes worse, Aruguete added.

“Some people lose whatever filters they have and feel free to talk to others in ways they never would in other circumstances,” she said. “Here you are, trying to do the right thing and build nice housing that contributes to the fabric of the neighborhood, and then you hear people being racist or anti-family or anti-poor people. That can be hurtful. We are human, and some of our staff are affected by it, especially if it’s their first time.”

Aruguete said she never responds in kind. She prefers to cite statistics backing up her contention that neighborhoods like Logan Square need more affordable housing.

“We’re people with a mission,” she said. “So we’ll keep doing our work and never go as low as they do.”

Dallas-based Saigebrook has also faced a groundswell of opposition to affordable projects. Stephens, the company's president, said she has had to combat misconceptions that projects attract individuals from far-flung areas. 

“There are a lot of concerns about concentration of poverty and what impact that will have on the community,” Stephens said. “What a lot of people don’t understand is that … our residents are generally relocating from within a 5-to-10-mile radius, which means they’re already living in the community.”

Despite all of the obstacles to their mission, the increased difficulty of building their projects and the further stressors the last two years have added to the job, Stephens and many other developers interviewed for this story said the impact of their work on families, children and seniors is worth the struggle.

“That’s what continues to get us up every morning,” she said. “I sometimes feel like I’m doing calculus to figure out how to get things off the ground. But at the end of the day … if we didn’t love it, we would have found something else to do a long time ago.”

https://www.bisnow.com/national/news/affordable-housing/one-crisis-after-another-how-covid-has-turned-affordable-housing-development-into-a-high-wire-act-112051

Saturday, February 26, 2022

LA Is Spending Up To $837,000 Per Unit To House The Homeless

 Are you wondering why so many people are defecting from places like California in favor of tax havens like Florida? Look no further for your answer, which likely lies in how states are spending their tax money.

Take Los Angeles, for example. It was reported last week that the city is paying up to $837,000 per housing unit to try and house the homeless.

It comes as part of a broader $1.2 billion effort to house the homeless, which KTLA reports is "is moving too slowly while costs are spiking".

So far, about 1,200 units have been built since the spending was approved in 2016. An audit issued by city Controller Ron Galperin, however, calls this number “wholly inadequate” in the context of the homeless crisis, KTLA reported. 

Galperin said that the effort “is still unable to meet the demands of the homelessness crisis.” In the meantime, homeless camps have spread into "virtually ever neighborhood" in LA, the report notes. 

His audit revealed that prices for the building have, in some cases, soared to “staggering heights.”

“While future plans have not been finalized, building tens of thousands of additional units using the same model will likely cost billions of dollars and will take far too long to match the urgency of the ongoing homeless emergency,” the audit said. 

But Democratic Mayor Eric Garcetti has defended the program, stating that it is "producing more units than promised, at a lower cost than expected." He commented that “There are already 1,200 units online providing critical housing and services. And HHH will deliver over 10,300 units of supportive and affordable housing by 2026.”

As if the $800,000 price tag wasn't enough, one observer pointed out how the price has mysteriously risen over the last couple years. Must just be inflation...

Friday, February 25, 2022

NYC Firms Hire Off-Duty Police Amid Soaring Violent Crime

 Rather than making the borough safer, the newly-elected Democratic Manhattan District Attorney Alvin Bragg (funded by George Soros) has implemented new procedures to keep criminals out of jail and on the streets by downgrading burglary, armed robbery, and drug dealing from felonies to just misdemeanors. New progressive policing has sparked a wave of violent crime this year, forcing businesses to hire more off-duty police officers. 

Bloomberg reports the number of hours off-duty officers standing watch in front of Manhattan office buildings, retail shops, and other buildings has recently soared as crime worsens. 

New York City has long administered its own program for off-duty officers to stand guard outside private businesses — badge, gun and all — and taken a 10% cut of the fees. But after the pandemic hit, spending for the paid detail program shot up to its highest amount in more than a decade. The money New York derives from the program jumped by nearly 70% to $3.2 million in fiscal year 2021 from four years before, according to data from the city's Independent Budget Office. The additional hours standing watch in front of Manhattan office towers like the General Motors building, Duane Reade pharmacies, or Whole Foods supermarkets translated to roughly $32 million in officers' pockets in 2021, given the structure of the fees. -BBG 

The expanded use of off-duty officers by businesses began after the virus pandemic, then George Floyd protests, and now a progressive DA whose new policing sent robberies and assaults up 42% and 20%, respectively, so far this year. 

Wylde, president of the Partnership for New York City, a business group composed of the city's largest companies, said the wave of retail thefts has led to an exodus of employees. 

"They've got people quitting over this, so they're really concerned with the uptick," Wylde said. "Luxury retailers say 'our products are insured but our people are what we're worried about.'"

There's also been a flurry of violent attacks on Gotham's public transportation network, the largest in the country. In January alone, 57 robberies were reported, more than double the 24 incidents in the same month last year. Total major felonies are also up, to 198 from 114 a year prior. In response, Wall Street firms have paid for car service or shuttles to ferry employees to and from offices. Some firms have told their employees to "dress down" to avoid being targets.  

Meanwhile, the head of the NYPD's largest union expressed serious concerns about the message progressive policing sends to both police officers and criminals.

"Police officers don't want to be sent out to enforce laws that the district attorneys won't prosecute," said Police Benevolent Association president Patrick Lynch. "And there are already too many people who believe that they can commit crimes, resist arrest, interfere with police officers and face zero consequences."

The reality is that Bragg's progressive policing could spark even more violent crime that would force companies to employ more off-duty cops. 

So how many Wall Street firms will leave before law and order is restored in Manhattan? 

https://www.zerohedge.com/political/nyc-firms-hire-duty-police-amid-soaring-violent-crime

Cashierless tech could detect shoplifting, but bias concerns intrude

 As the pandemic continues to rage around the world, it’s becoming clear that COVID-19 will endure longer than some health experts initially predicted. Owing in part to slow vaccine rollouts, rapidly spreading new strains, and politically charged rhetoric around social distancing, the novel coronavirus is likely to become endemic, necessitating changes in the ways we live our lives.

Some of those changes might occur in brick-and-mortar retail stores, where touch surfaces like countertops, cash, credit cards, and bags are potential viral spread vectors. The pandemic appears to have renewed interest in cashierless technology like Amazon Go, Amazon’s chain of stores that allow shoppers to pick up and purchase items without interacting with a store clerk. Indeed, Walmart, 7-Eleven, and cashierless startups including AiFi, Standard, and Grabango have expanded their presence over the past year.

But as cashierless technology becomes normalized, there’s a risk it could be used for purposes beyond payment, particularly shoplifting detection. While shoplifting detection isn’t problematic on its face, case studies illustrate that it’s susceptible to bias and other flaws that could, at worst, result in false positives.

Synthetic datasets

The bulk of cashierless platforms rely on cameras, among other sensors, to monitor the individual behaviors of customers in stores as they shop. Video footage from the cameras feed into machine learning classification algorithms, which identify when a shopper picks up and places an item in a shopping cart, for example. During a session at Amazon’s re:Mars conference in 2019, Dilip Kumar, VP of Amazon Go, explained that Amazon engineers use errors like missed item detections to train the machine learning models that power its Go stores’ cashierless experiences. Synthetic datasets boost the diversity of the training data and ostensibly the robustness of the models, which use both geometry and deep learning to ensure transactions are associated with the right customer.

The problem with this approach is that synthetic datasets, if poorly audited, might encode biases that machine learning models then learn to amplify. Back in 2015, a software engineer discovered that the image recognition algorithms deployed in Google Photos, Google’s photo storage service, were labeling Black people as “gorillas.” Google’s Cloud Vision API recently mislabeled thermometers held by people with darker skin as guns. And countless experiments have shown that image-classifying models trained on ImageNet, a popular (but problematic) dataset containing photos scraped from the internet, automatically learn humanlike biases about race, gender, weight, and more.

Jerome Williams, a professor and senior administrator at Rutgers University’s Newark campus, told NBC that a theft-detection algorithm might wind up unfairly targeting people of color, who are routinely stopped on suspicion of shoplifting more often than white shoppers. A 2006 study of toy stores found that not only were middle-class white women often given preferential treatment, but also that the police were never called on them, even when their behavior was aggressive. And in a recent survey of Black shoppers published in the Journal of Consumer Culture, 80% of respondents reported experiencing racial stigma and stereotypes when shopping.

“The people who get caught for shoplifting is not an indication of who’s shoplifting,” Williams told NBC. In other words, Black shoppers who feel they’ve been scrutinized in stores might be more likely to appear nervous while shopping, which might be perceived by a system as suspicious behavior. “It’s a function of who’s being watched and who’s being caught, and that’s based on discriminatory practices.”

Some solutions are explicitly designed to detect shoplifting track gait — patterns of limb movements — among other physical characteristics. It’s a potentially problematic measure considering that disabled shoppers, among others, might have gaits that appear suspicious to an algorithm trained on footage of able-bodied shoppers. As the U.S. Department of Justice’s Civil Rights Division, Disability Rights Section notes, some people with disabilities have a stagger or slurred speech related to neurological disabilities, mental or emotional disturbance, or hypoglycemia, and these characteristics may be misperceived as intoxication, among other states.

Tokyo startup Vaak’s anti-theft product, VaakEye, was reportedly trained on more than 100 hours of closed-circuit television footage to monitor the facial expressions, movements, hand movements, clothing choices, and over 100 other aspects of shoppers. AI Guardsman, a joint collaboration between Japanese telecom company NTT East and tech startup Earth Eyes, scans live video for “tells” like when a shopper looks for blind spots or nervously checks their surroundings.

NTT East, for one, makes no claims that its algorithm is perfect. It sometimes flags well-meaning customers who pick up and put back items and salesclerks restocking store shelves, a spokesperson for the company told The Verge. Despite this, NTT East claimed its system couldn’t be discriminatory because it “does not find pre-registered individuals.”

Walmart’s AI- and camera-based anti-shoplifting technology, which is provided by Everseen, came under scrutiny last May over its reportedly poor detection rates. In interviews with Ars Technica, Walmart workers said their top concern with Everseen was false positives at self-checkout. The employees believe that the tech frequently misinterprets innocent behavior as potential shoplifting.

Industry practices

Trigo, which emerged from stealth in July 2018, aims to bring checkout-less experiences to existing “medium to small” brick-and-mortar convenience stores. For a monthly subscription fee, the company supplies both high-resolution, ceiling-mounted cameras and an on-premises “processing unit” that runs machine learning-powered tracking software. Data is beamed from the unit to a cloud processing provider, where it’s analyzed and used to improve Trigo’s algorithms.

Trigo claims that it anonymizes the data it collects, that it can’t identify individual shoppers beyond the products they’ve purchased, and that its system is 99.5% accurate on average at identifying purchases. But when VentureBeat asked about what specific anti-shoplifting detection features the product offers and how Trigo trains algorithms that might detect theft, the company declined to comment.

Grabango, a cashierless tech startup founded by Pandora cofounder Will Glaser, also declined to comment for this article. Zippin says it requires shoppers to check in with a payment method and that staff is alerted only when malicious actors “sneak in somehow.” And Standard Cognition, which claims its technology can account for changes like when a customer puts back an item they initially considered purchasing, says it doesn’t and hasn’t ever offered shoplifting detection capabilities to its customers.

“Standard does not monitor for shoplifting behavior and we never have … We only track what people pick up or put down so we know what to charge them for when they leave the store. We do this anonymously, without biometrics,” CEO Jordan Fisher told VentureBeat via email. “An AI-driven system that’s trained responsibly with diverse sets of data should in theory be able to detect shoplifting without bias. But Standard won’t be the company doing it. We are solely focused on the checkout-free aspects of this technology.”

OTG's Cibo Express is the first confirmed brand to deploy Amazon's "Just Walk Out" cashierless technology

Above: OTG’s Cibo Express is the first confirmed brand to deploy Amazon’s “Just Walk Out” cashierless technology.

Separate interviews with The New York Times and Fast Company in 2018 tell a different story, however. Michael Suswal, Standard Cognition’s cofounder and chief operating officer, told The Times that Standard’s platform could look at a shopper’s trajectory, gaze, and speed to detect and alert a store attendant to theft via text message. (In the privacy policy on its website, Standard says it doesn’t collect biometric identifiers but does collect information about “certain body features.”) He also said that Standard hired 100 actors to shop for hours in its San Francisco demo store in order to train its algorithms to recognize shoplifting and other behaviors.

“We learn behaviors of what it looks like to leave,” Suswal told The Times. “If they’re going to steal, their gait is larger, and they’re looking at the door.”

A patent filed by Standard in 2019 would appear to support the notion that Standard developed a system to track gait. The application describes an algorithm trained on a collection of images that can recognize the physical features of customers moving in store aisles between shelves. This algorithm is designed to identify one of 19 different on-body points including necks, noses, eyes, ears, shoulders, elbows, wrists, hips, ankles, and knees.

In a statement emailed to VentureBeat, a Standard spokesperson said: “This patent is exclusively for our anonymous visual tracking system – a core piece of how we provide checkout – it is not used for intent recognition or anything related to shoplifting. We don’t do any gait recognition or other biometrics and we’re glad that we were able to clear up the discrepancy from the previous media stories that you mention. Bottom line is that our computer vision-based system isn’t able to identify people, we rely exclusively on a shopper checking in with their phone for us to get their payment information.”

Santa Clara-based AiFi also says its cashierless solution can recognize “suspicious behavior” inside of stores within a defined set of shopping behaviors. Like Amazon, the company uses synthetic datasets to generate a set of training and testing data without requiring customer data. “With simulation, we can randomize hairstyle, color, clothing, and body shape to ensure that we have a diverse and unbiased datasets,” a spokesperson told VentureBeat. “We respect user privacy and do not use facial recognition or personally identifiable information. It is our mission to change the future of shopping to make it automated, privacy-conscious, and inclusive.”

patent filed in 2019 by Accel Robotics reveals the startup’s proposed anti-shoplifting solution, which optionally relies on anonymous tags that don’t reveal a person’s identity. By analyzing camera images over time, a server can attribute motion to a person and purportedly infer whether they took items from a shelf with malintent. Shopper behavior can be tracked over multiple visits if “distinguishing characteristics” are saved and retrieved for each visitor, which could be used to identify shoplifters who’ve previously stolen from the store.

“[The system can be] configured to detect shoplifting when the person leaves the store without paying for the item. Specifically, the person’s list of items on hand (e.g., in the shopping cart list) may be displayed or otherwise observed by a human cashier at the traditional cash register screen,” the patent description reads. “The human cashier may utilize this information to verify that the shopper has either not taken anything or is paying/showing for all items taken from the store. For example, if the customer has taken two items from the store, the customer should pay for two items from the store.”

Lack of transparency

For competitive reasons, cashierless tech startups are generally loath to reveal the technical details of their systems. But this does a disservice to the shoppers subjected to them. Without transparency regarding the applications of these platforms and the ways in which they’re developed, it will likely prove difficult to engender trust among shoppers, shoplifting detection capabilities or no.

Zippin was the only company VentureBeat spoke with that volunteered information about the data used to train its algorithms. It said that depending on the particular algorithm to be trained, the size of the dataset varies from a few thousand to a few million video clips, with training performed in the cloud and models deployed to the stores after training. But the company declined to say what steps it takes to ensure the datasets are sufficiently diverse and unbiased, whether it uses actors or synthetic data, and whether it continuously retrains algorithms to correct for errors.

Systems like AI Guardsman learn from their mistakes over time by letting store clerks and managers flag false positives as they occur. It’s a step in the right direction, but without more information about how these system work, it’s unlikely to allay shoppers’ concerns about bias and surveillance.

Experts like Christopher Eastham, a specialist in AI at the law firm Fieldfisher, call for frameworks to regulate the technology. And even Ryo Tanaka, the founder of Vaak, argues there should be notice before customers enter stores so that they can opt out. “Governments should operate rules that make stores disclose information — where and what they analyze, how they use it, how long they use it,” he told CNN.

https://venturebeat.com/2021/01/23/cashierless-tech-could-detect-shoplifting-but-bias-concerns-abound/