Housing NotebookAdvice on tenants rights, decent affordable housing and related urban affairs coverage, with call-ins. Scott Sommer is a tenants rights activist and lawyer.
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Sunday, April 27, 2014
Invitation: Housing Notebook @ Weekly from 8pm to 9pm on Monday (Kenmore Hall Tenants Association)
Monday, April 21, 2014
It's a two way street.....
If you’re going to go after your landlord about repairs and maintenance, you should keep this local law in mind regarding the owner’s right to access. They need to be given the opportunity to cure, or fix, the problem. Keeping them out indefinitely accomplishes little. Being a rent stabilized tenant isn't all about your rights; you have responsibilities, too.
New York City Law and Rule
Title 27, Chapter 2 New York City Administrative Code
HOUSING MAINTENANCE CODE
Subchapter 2: MAINTENANCE, SERVICES, AND UTILITIES ARTICLE 1
Obligations of Owner and Tenant: Duty to Repair
HMC § 27-2008 Owner's right of access
No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections.
For a look at how the various city agencies view things this is an excellent site
http://www.tenant.net/phpBB2/viewtopic.php?t=4837
Read more: http://www.city-data.com/forum/new-york-city/1113118-normal-fine-renting-mortgage-broker-appliances-2.html#ixzz2yf5DlTg9
New York City Law and Rule
Title 27, Chapter 2 New York City Administrative Code
HOUSING MAINTENANCE CODE
Subchapter 2: MAINTENANCE, SERVICES, AND UTILITIES ARTICLE 1
Obligations of Owner and Tenant: Duty to Repair
HMC § 27-2008 Owner's right of access
No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections.
For a look at how the various city agencies view things this is an excellent site
http://www.tenant.net/phpBB2/viewtopic.php?t=4837
Read more: http://www.city-data.com/forum/new-york-city/1113118-normal-fine-renting-mortgage-broker-appliances-2.html#ixzz2yf5DlTg9
Fwd: RAFA & R3 Events: Weekly Update
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Sunday, April 20, 2014
How To Sue Your Landlord For Repairs
City-Wide
Task Force on Housing Court, Inc.
Information
Sheet
How To
Sue Your Landlord For Repairs
Your
landlord is required by law to provide adequate services and to keep your
building and apartment in good repair. If your landlord is not providing
essential services such as heat and hot water or making repairs even though you
have notified him/her in writing of the conditions in your apartment, you can
sue your landlord in the Housing Part of Civil Court. This court is commonly
called "Housing Court." The Court can order your landlord to provide
services and make repairs. This action is called a Tenant-initiated action' or
a Housing Part ("HP") Action. Individual tenants as well as tenant
groups can start HP Actions for repairs.
How To
File
Go to the
Clerk's office of the Housing Court in the borough which your building is
located. (See this Information Sheet for the addresses of the Housing Courts).
Be prepared to wait in line. Tell the clerk that you want to bring an HP action
against your landlord. The clerk will give you court papers.
The fee
for bringing the action is $35. This fee may be waived if you cannot afford to
pay. If you have a low income you should tell the clerk that you want to file a
"poor person's" application and fill out the additional papers
stating your financial situation.
Ask the
clerk to schedule an inspection of the conditions in your apartment and/or
building by the court inspectors from the Department of Housing Preservation
and Development (DHPD). Each tenant will be asked to fill out a form called a
"Request for an Inspection" listing the poor conditions, as well as a
separate form. Make sure that everything that needs repair in your apartment or
building is listed.
After the
forms are filled out, the clerk will either take the forms and tell you to wait
or will direct you to a judge who will sign the papers. The papers, signed by a
judge are called an Order to Show Cause and will indicate the date to come back
to court.
Serving
The Court Papers
You will
be given several copies of the court papers. You must deliver one copy to the
owner and one to the city's Department of Housing Preservation and Development
(DHPD). The papers will say how they have to be delivered.
Preparing
For Your Day In Court
Gather
evidence to show that services not been provided or repairs have not been made.
For example, take photographs of conditions in your apartment or building and
gather copies of letters you have written notifying the landlord of problems.
It is a
good idea to keep a written record of building and/or apartment problems noting
any steps you may have taken, such as phone calls to the landlord or
conversations with the superintendent, to have the problems corrected . Write
down dates and times.
If a
group of tenants in your building has initiated the HP Action it is important
to meet before the court date to agree on a plan of action and to go over
evidence. You may want to choose which tenants will testify.
Your Day
In Court
Come to
Court on the date written on the Order to Show Cause. Your Order to Show Cause
will also tell you in what room your case will be heard. Bring your
photographs, written record of complaints, letters, and court papers with you.
Be there at 9:30 a.m. SHARP. All the cases scheduled for that day will be
called in this courtroom. Answer TENANT READY. when your name is called.
In this
courtroom you will see many people including the judge, his/her law assistant,
the landlord and his/her attorney, the court officer, and other tenants and
landlords.
There may
also be an attorney from the DHPD's Litigation Unit. The DHPD attorney is there
to represent the City. Although this person is not your lawyer and may have
interests which are different from yours, it is the City's legal responsibility
to make sure that the repairs in your building and/or apartment are made.
If a DHPD
attorney has been assigned to your case s/he may call out your building's
address or your name and ask to speak to you. Tell the DHPD attorney about the
conditions in your apartment/building and show him/her your evidence. The DHPD
attorney should help you get a copy of the inspector's report based on the
inspection you requested when you filed your HP Action.
IMPORTANT:
Make sure you get the name and telephone number at the DHPD attorney before you
leave the court. It will be Important later on to follow-up with the DHPD
attorney, especially if the landlord does not make the repairs.
The court
may urge you to negotiate a settlement with your landlord. The landlord may
agree to make repairs but may argue that more time is needed. If you want to
accept the landlord's settlement a "stipulation" will be written that
outlines the agreement between you and the landlord. Make sure that any stipulation
is signed and stamped "So Ordered" by the judge. This is the only way
that the agreement is enforceable.
You may
not agree with the proposed settlement with the landlord. You have the right to
demand to have a hearing and have your case heard by the judge. Tell your story
at the hearing. Show the judge your photographs, written record of complaints,
letters, and other evidence. Ask the judge to examine the DHPD inspection
report.
A history
of your building's past violations should be stored in the computer the judge
has in his/her courtroom. (Keep in mind, however, that the information on this
computer is 8 to 10 weeks behind). If you requested an inspection on the day
you filed your papers, that report SHOULD be available. YOUR GOAL IS TO GET THE
JUDGE TO ISSUE A COURT ORDER FOR THE REPAIRS. If the landlord does not show up
in court the court can still order that the repairs be made.
If the
judge issues an Order, make sure you get the index number of your case before
you leave. The original Order will be on file but it may not be possible to get
a copy that day. However, you can contact the court or the DHPD attorney and
ask for a copy when it is ready. Knowing the index number is important,
especially if the landlord does not make the repairs on time and you need to
return to Court. You may also have to prove that you delivered a copy of the
Order to the landlord in the proper manner.
IMPORTANT:
Your Order or Stipulation should include a schedule of what repairs are needed
and when they should be done. It is a good idea to add a list of dates and
times that you will be available to allow the landlord access to your apartment
to make the repairs. This may help to avoid problems later if the landlord
claims you were not home when s/he sent repair people to do me work.
Follow-Up
After Court
If the
landlord begins to make repairs, keep track of when they are completed and of
what work remains to be done. Be sure someone is in your apartment on the dates
that have been agreed upon to let the landlord in. If the landlord asks you to
provide access to your apartment for repairs and then does not show up, keep a
record of these dates and any attempts you may make to reschedule.
If the
landlord does not complete the repairs within the amount of time indicated in
the Order, you will need to go back to court. Ask the clerk to put your case
back on the calendar for the purpose of holding the landlord in contempt of
court and for civil and criminal fines. This means the landlord can be fined or
jailed.
IMPORTANT:
Contempt cases are complicated and time consuming. Be prepared for a tough
fight! Landlords are rarely put In jail and if they are fined, the fines are
often small. Several things may help strengthen your case: a) keep good
records; b) stay in close touch with me DHPD lawyer and the DHPD Inspectors;
and c) organize other tenants in the building to take action as a group.
Important
You
should always seek advice as soon as you receive legal papers. Never ignore
papers from the court. If you do you may be evicted. Consult a lawyer or a
neighborhood housing organization as soon as possible.
Important
Addresses
The
Housing Parts of the Civil Court are located:
Manhattan
111
Centre Street
New York,
NY 10013
(212)374-8416/8412
Brooklyn
141
Livingston Street
Brooklyn,
NY 11201
(718)643-7528/7529
Staten
Island
927
Castleton Avenue
Staten
Island, NY 10310
(718)390-5420
Bronx
851 Grand
Concourse (at 161st St.)
Bronx, NY
10451
(718)590-3570/1/2/3
Queens
120-55
Queens Boulevard
Kew
Gardens, NY 11424
(718)520-3436/34l4
Where to
go for help
THE
CITY-WIDE TASK FORCE ON HOUSING COURT staffs Information Tables in each of the
five Housing Courts five mornings a week (except Staten Island, which is open
Tuesday and Wednesday mornings.) The information is free and is available to
all unrepresented litigants. Referrals will be made to neighborhood groups and
legal services organizations for additional assistance.
Legal
Services
If you
have a low income, you may be eligible for free legal services. To get the
addresses of the legal services office closest to your neighborhood, contact:
The Legal
Aid Society
11 Park
Place or 230 East 106 St.
New York,
NY
(212)722-2000
Legal
Services for New York City
350
Broadway
New York,
10029
(212)431-7200
If you
need a referral for a lawyer and you are not eligible for free legal services,
contact:
The Bar
Association
42 West
44 Street
New York,
NY 10010
(212)626-7373
The Civil
Court Info line has recorded information on Housing Court. The number is
(212)791-6000.
If you
are being evicted for nonpayment of rent, you may be eligible for an Emergency
Grant from the Human Resources Administration (HRA), There is an HRA Unit in
each Housing Court.
Each
Housing Court, except Staten Island, has a Pro-Se Attorney who is there to help
persons without an attorney who need advice and Information. The Clerk's office
can direct you to the Pro-Se Attorney in the Court.
THIS
INFORMATION SHEET has been written and prepared by the City-Wide Task Force on
Housing Court, Inc., a not-for-profit coalition of community housing
organizations. This information was not prepared by attorneys but by
experienced housing organizers and should not be thought of as legal advice.
Tuesday, April 15, 2014
Fwd: Tenant Lobby Day: Weekly Update
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Saturday, April 12, 2014
More Electronic Resources
Here are some more resources for those of you doing research on tenants' rights, your building, etc. Click on the links and you'll jump to the appropriate website.
The following link is specifically about MOLD:
Wednesday, April 9, 2014
Homelessness, Subsidies and Policy...
“Solutions” to homelessness and policies on housing subsidies have been
all over the online media recently. I’m passing on some of the more attention-grabbing
pieces here because it could be interesting to compare this to H.S.I.’s
policies regarding ending homelessness. Click on blue links for more details.
You may feel that this is a minor concern for us since we’re no longer
homeless, but many of us came to Kenmore Hall because we were homeless once. The problem is growing, and funds are getting tighter
all around – keep your rent subsidy as long as you can! And some people may
want to get involved in some of the public actions posted below.
From
Gotham Gazette
by John Surico
'
alt="Gotham Gazette: De Blasio's Homelessness Reset: Advantage Lessons Learned"
v:shapes="_x0000_i1025">
On June 23rd, 2004, Mayor Michael R. Bloomberg outlined his five-year strategy to attack homelessness in
At the heart of this was Advantage. A rental assistance
program started in 2007, Advantage would transition thousands of homeless families from the New York City
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Shelter Census Hits New High as Housing Hits New Low
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Over 111,000 People in NYC's Shelters in 2013
Even as we celebrate the opportunity to more effectively fight homelessness, we recognize just how enormous NYC's homelessness crisis has become. More than 111,000 New
Yorkers slept in city homeless shelters in
The Coalition for the
· City DHS shelters
averaged a record high daily census of 53,615 people
· That included a
horrendous 22,712 children, another record high
· In 2013, average
duration of stay in shelter for homeless families increased
to 14.5 months
The recent increase in city shelter population has been driven
primarily by homeless families. In 2002, DHS reported
an average of 7,111 families in city shelters. That increased in January,
2013, to 12,712 families - an increase of over 78% in 11 years.
Last month New York State Comptroller Thomas DiNapoli also
released his Housing Affordability
in New York State report, documenting falling median wages in New
York and rising housing costs have pushed many New Yorkers over the housing
crisis edge. Three million
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alt="Care for the Homeless Logo"
name="14527bb77217eaec_ACCOUNT.IMAGE.18" border=0 v:shapes="_x0000_s1027">Policy
Matters is a monthly update on policy and advocacy
issues in the fight against homelessness in Learn more and support our Homelessness at careforthehomeless.org.
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