Sunday, March 22, 2020

Fwd: [PSN] Update on New York City's Coronavirus Response for Friday, March 20

---------- Forwarded message ---------
From: Eric McClure <eric@parkslopeneighbors.org>
Date: Sat, Mar 21, 2020 at 2:03 PM
Subject: [PSN] Update on New York City's Coronavirus Response for Friday, March 20
To: PSN Email Updates <updates@parkslopeneighbors.org>

In This Issue:

Update on New York City's Coronavirus Response for Thursday, March 19th

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Dear Park Slope Neighbor,

Please find below the most recent update from the Mayor's Community Affairs Unit regarding the city's response to the Novel Coronavirus, which came in late last night. There's some overlap with the update from the Governor yesterday, but new info includes:

The city's COVID-19 case count as of 6 pm Friday.

An update on the Regional Enrichment Centers opening Monday for children of essential workers.

An update on free meals for school children, which Monday shift from all schools to several hundred hub locations across the city. Home delivery will be available for those who can't leave home for medical reasons.

Information about some new temporary protected bike lanes and a modified schedule for the Staten Island Ferry.

More details are included below; we encourage you to read the update in its entirety. You can also see an updated list of businesses that have been deemed essential here along with a link to apply for an exemption if you believe your business should be included.

For the most up-to-date information from the city, please visit the NYC Department of Health and Mental Hygiene's website, here: https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page, or text COVID to 692-692 to get regular updates on the latest developments.

Sincerely,

Eric McClure

Co-Founder

Park Slope Neighbors

=====================================================================================================

From: Mayor's Community Affairs Unit <communityaffairs@cityhall.nyc.gov>
Subject: Update on New York City's Coronavirus Response
Date: March 20, 2020 at 11:50:08 PM EDT

Dear New Yorker,
Estimado Neoyorquino,
親愛的紐約市民,

As you are aware, the City is currently responding to the novel coronavirus, and we want to make sure that you are provided with the most up-to-date information.
Cómo ya sabe, la Ciudad de Nueva York está respondiendo al brote del coronavirus, y queremos asegurarnos que reciba información actualizada.
如您所知, 紐約市目前正在應對新冠病毒, 我們會確保向您提供最新的消息。

We encourage you to visit DOHMH's website at https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page
Le recomendamos que visite la página de internet del Departamento de Salud de la Ciudad de Nueva York al https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page
我們鼓勵您訪問衛生侷的網站: https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page

Stay healthy poster https://www1.nyc.gov/assets/doh/downloads/pdf/imm/coronavirus-stay-healthy-ad.pdf
Cartel de mantenerse saludable https://www1.nyc.gov/assets/doh/downloads/pdf/imm/coronavirus-stay-healthy-ad.pdf
保持健康海報https://www1.nyc.gov/assets/doh/downloads/pdf/imm/coronavirus-stay-healthy-ad-ch.pdf

If you have any questions, please contact 311.
Si tiene alguna pregunta, por favor marque 311.
如果您有任何問題, 請撥打311.

Resources and Updates you may find useful:
Recursos y Actualizaciones que les pueden ser útiles:
對您可能有用的資料和更新

Text COVID to 692-692 for updates
Envíe un mensaje de texto con la palabra COVIDESP al 692-692 para recibir actualizaciones en español en tiempo real.
發COVID短信到692-692以接收新信息

Stop the spread of COVID-19: https://www1.nyc.gov/assets/doh/downloads/pdf/imm/stop-the-spread-poster.pdf
Como detener la propagación de COVID-19: https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page

FAQs on Home Self-Monitoring for Novel Coronavirus in New York City https://www1.nyc.gov/assets/doh/downloads/pdf/imm/faq-for-home-self-monitoring-novel-coronavirus-nyc.pdf
Inicio de autosupervisión del coronavirus en la Ciudad de Nueva York https://www1.nyc.gov/assets/doh/downloads/pdf/imm/faq-for-home-self-monitoring-novel-coronavirus-nyc-sp.pdf
在紐約進行新型冠狀病毒家庭自我監測的常見問題解答https://www1.nyc.gov/assets/doh/downloads/pdf/imm/faq-for-home-self-monitoring-novel-coronavirus-nyc-ch.pdf

List of resources from the Office of Emergency Management (English version only): https://www1.nyc.gov/site/em/resources/covid-19-services-resources.page

Information on Employee Retention Grants from SBS: https://www1.nyc.gov/site/sbs/businesses/covid19-business-outreach.page
Información sobre el programa de Subvención de la retención de sus empleados para pequeñas empresas https://www1.nyc.gov/site/sbs/businesses/covid19-business-outreach.page
小商業侷員工保留貼津訊息: https://www1.nyc.gov/site/sbs/businesses/covid19-business-outreach.page

Update from NYCHA: https://mailchi.mp/33b8af38415a/nycha-intergov-organizational-changes-4083946?e=79da5d28fa
Actualización de NYCHA: http://translate.google.com/translate?hl=auto&langpair=auto|es&u=https%3A%2F%2Fus11.campaign-archive.com%2F%3Fu%3Dadc8ca36b531e0fcca46e2246%26id%3D8c5f6373c2%26e%3D79da5d28fa
紐約市房屋管理侷(NYCHA)訊息更新: http://translate.google.com/translate?hl=auto&langpair=auto|zh-TW&u=https%3A%2F%2Fus11.campaign-archive.com%2F%3Fu%3Dadc8ca36b531e0fcca46e2246%26id%3D8c5f6373c2%26e%3D79da5d28fa

MAYOR DE BLASIO ISSUES NEW GUIDANCE TO NEW YORKERS

New Yorkers should text COVID to 692-692 to get regular updates on the latest developments regarding COVID-19; Text COVIDESP to 692-692 for updates in Spanish

NEW YORK—Mayor de Blasio today issued updated COVID-19 guidance to New Yorkers, pursuant to new State regulations. Effective Sunday, March 22nd, at 8:00 PM, all non-essential businesses in New York City will be closed. Only businesses with essential functions will be permitted to operate, such as grocery stores, pharmacies, internet providers, food delivery, mass transit, banks, and financial institutions. Businesses that provide essential services must implement rules that facilitate social distancing, as well.

As of 6:00 PM today, citywide, there 5,683 positive cases of COVID-19 and 43 fatalities. Currently there are 1,514 cases in Queens 1,402 in Manhattan, 1,740 in Brooklyn, 736 in the Bronx, and 285 in Staten Island.

"Tonight our city braces for the next battle of this war," said Mayor Bill de Blasio. "Things will continue to get worse before they get better; but New Yorkers are strong and I know we can get through this together. Lives are on the line all across our city. We must all do our part to protect those who need us the most."

New Guidance for New Yorkers
Effective Sunday, March 22nd, at 8:00 PM, all non-essential businesses in New York City will be closed. Only businesses with essential functions will be permitted to operate, such as grocery stores, pharmacies, internet providers, food delivery, banks, financial institutions and mass transit. Businesses that provide essential services must implement rules that help facilitate social distancing. The NYPD will be out in neighborhoods across the City to ensure compliance with the policies.

The City will also enforce the following rules for non-vulnerable individuals with fines and mandatory closures:
No non-essential gatherings; any concentration of people outside their home must be limited to workers providing essential services
Practice social distancing in public (6 feet or more)
Individuals should limit outdoor recreational activities to non-contact.
Limit use of public transportation to only when absolutely necessary.
Sick individuals should not leave home except to receive medical care.

The City will also enforce "Matilda's Law," which sets the following restrictions for vulnerable New Yorkers who are over the age of 70 and/or immune-compromised:

Remain indoors
Limit outdoor activity to solitary exercise
Pre-screen all visitors and aides by taking temperature
Wear a mask when in company of others
Do not visit households with multiple people
Everyone in presence of vulnerable people should wear a mask
Stay six feet from other people
Do not take public transportation unless absolutely necessary.

Regional Enrichment Centers (RECs)
The Department of Education plans to open 93 REC sites across all five boroughs, with the first sites opening starting the week of March 23rd for the children of essential workers. The sites will include 76 K-12 Centers and 17 Early Childhood Centers citywide. We have identified 32 sites in Brooklyn, 22 in the Bronx, 20 in Queens, 15 in Manhattan and 4 in Staten Island, with at least one site in every school district. We are contacting first responders, transit and healthcare workers, DOE staff at our Centers and Meal Hubs, ACS Frontline/Investigators still making direct contact with families, Department of Correction essential staff, Department of Homeless Services and Human Resources Administration Shelter staff and contracted staff, and Department of Sanitation essential staff. We are evaluating our capacity to serve other students. We are contacting agencies, unions and partner organizations to alert them of this opportunity and register them for a site near their home. We expect to serve approximately 57,000 students starting next week.

REC sites were chosen with accessibility as one of the main drivers, and all identified sites are either fully or partially accessible. In the best interest of our medically fragile students, we do not recommend they attend REC sites and are working with the Department of Health to ensure they have continuous medical services.

Students at RECs will engage in remote learning with their home schools, as well as art, music, and physical education. We will ask DOE and Community Based Organization employees to staff the Center, and we are grateful to the numerous DOE employees who have already offered to help staff these sites.

The health and safety of staff members remains our highest priority. All social distancing protocols will be followed, including 6 feet of distance between people. Anyone who is sick should stay home.

Meal Hubs
This week, free breakfast and lunch were available to all New York City students. Children were able to receive free meals at any site, regardless of which school they attend until 1:30 PM daily. During grab-and-go meals this week, we served approximately 560,000 meals and expect participation to rise in the coming weeks.

Starting Monday, March 23rd, three meals a day will be served to all New York City students at 439 hub sites citywide. 100 of the sites were high participation sites in Summer, 2019, and the remaining sites are schools where more than 50 percent of the students are eligible for free and reduced meals. Department of Education and DOHMH have been working to identify the most medically fragile students, and we are proud to say that we are partnering with Door Dash who will be delivering meals to students whose medical needs are so significant that they should not be leaving the home even to get meals. We have already been in contact with those families and hope to expand to more in the future. Food delivery will also be made available to children who reside in City shelters. Families search "Free Meals" on schools.nyc.gov or call 311 to find a site near them. Starting Monday, families can also text FOOD or COMIDA to 877-877 to find a meal near them. A complete list of meal hubs is available here.

Congressional Delegation Letter
Yesterday evening, the Mayor sent a letter to the United States Congressional Leadership, including Speaker Pelosi, Leader McConnell, Senator Schumer, and Leader McCarthy. New York City has more cases than any city in America and the Mayor reiterated his requests from the federal government. The requests include:

The deployment of the United States Armed Forces in assistance to New York City's frontline response efforts with their supply chain capabilities, stockpile of medical supplies, and skilled workforce.
Critical medical supplies, reiterating the ask from the Department of Health and Human Services and Department of Veterans Affairs for 15,000 ventilators, 3 million N-95 masks, 50 million surgical masks, and 45 million each of face shields, surgical gowns, coveralls, and pairs of gloves.

The letter is available online here.

Census Letter
Mayor Bill de Blasio called on the U.S. Census Bureau to extend 2020 Census operations to ensure a complete and accurate count of all New Yorkers in light of the challenges posed by the spread of the COVID-19 virus. Mayor de Blasio called on the Bureau to implement the following operational changes to its 2020 Census implementation in New York City:

Reschedule Early Non-Response Follow-Up (NRFU) to later in the year
Substantially delay door-to-door enumeration
Extend the self-response window to September 30, 2020

The letter is available online here.

New Bike Infrastructure
To ensure cycling in the city is safer and easier, the City will install temporary protected bike lanes along 2nd Avenue from 42nd to 34th street in Manhattan, and on Smith Street in Brooklyn, from Atlantic Avenue to Fulton Street, connecting to existing lanes on Jay Street. These temporary protected bike lanes will plug two key gaps on two of the busiest bike corridors in the city.

To further implement the City's Green Wave' vision, 15 MPH signal progressions have been installed on 43rd Avenue in Queens from 35th to 51st Streets and Clinton Street in Brooklyn from Nelson Street to Pierrepoint Street. The installation of a signal progression on Prince Street in Manhattan, from 6th Avenue to the Bowery, is currently underway, with launch date for next week. This new signal timing will help reduce the number of red lights cyclists hit as they travel.

Updated Ferry Service
The Staten Island Ferry will operate on a reduced schedule. Starting midnight Sunday, March 22, the following measures will take effect:

Only 3 boats will operate in the morning and evening rush hours on weekdays. Previously, 4 boats operated during these hours.
From 7:00 to 9:00 AM, the ferry will operate every 20 minutes. The ferry previously operated every 15 minutes.
From 9:00 AM to 4:30 PM, the ferry will continue to operate every 30 minutes.
From 4:30 PM to 8:00 PM, the ferry will operate every 20 minutes. The ferry previously operated every 15 minutes.
From 8:00 PM to every 12:00 AM, the ferry will continue to operate every 30 minutes.
From 12:00 AM to 5:00 AM on weekdays, and from 12:00 AM to 7:00 AM on weekends, the ferry will operate every hour. The ferry previously operated every 30 minutes.

New Health Guidance
To preserve personal protective equipment for healthcare workers providing medically necessary care for hospitalized patients, the Department of Health and Mental Hygiene is directing healthcare facilities to immediately stop testing non-hospitalized patients for COVID-19 unless test results will impact the clinical management of the patient. In addition, DOHMH is also advising providers and hospitals to not test asymptomatic people, including health care workers or first responders.

Keeping Businesses Closed
Yesterday, the City inspected 7,939 businesses and religious institutions and has observed overwhelming compliance. Three violations in total were issued.

Stay Informed
Nearly 700,000 New Yorkers have signed up for the City's COVID text notification system to get regular updates on the latest developments with coronavirus in New York City text COVID to 692-692. New Yorkers can text COVIDESP to 692-692 for updates in Spanish. You will receive regular SMS texts with the latest news and developments. If you have any questions on finding medical care call 311

###

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"You own everything that happened to you. Tell your stories. If people wanted you to write warmly about them, they should have behaved better." - Anne Lamott

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More useful resources for tenants and low-income people

ARE YOU HUNGRY? There's help - and here's how to get it:
The National Hunger Clearinghouse collects and distributes information about programs that address the immediate and long-term needs of struggling families and individuals. The National Hunger Hotline (1-866-3 HUNGRY or 1-866-348-6479), refers people in need of emergency food assistance to food pantries, government programs, and model grassroots organizations that work to improve access to healthy, nutritious food, and build self-reliance. If you have access to a computer with an internet connection, follow this link and use the resource online: www.whyhunger.org/findfood

Brooklyn’s Community Board 6 has an excellent database of agencies (some citywide, not just in Brooklyn) that provide assistance to city residents. www.brooklyncb6.org/directory/

http://ww5.nyccouncil.info/ The NY City Council has a listing of lodging resources…

The Fifth Avenue Committee in Brooklyn is an interesting local resource that combines a variety of social justice objectives including job resources & training, housing resources, and other programs. Their main website can be found at www.fifthave.org. They have also compiled an excellent listing of resources, which can be found at http://www.fifthave.org/index.cfm?fuseaction=Page.ViewPage&pageId=572 .

A statement of what they do, and more resources, can be seen at: http://www.fifthave.org/index.cfm?fuseaction=page.viewPage&pageID=584&nodeID=1

NYC Resources: Housing & Development - http://www1.nyc.gov/nyc-resources/categories/housing-development.page

How Do I Get Access to My Clinical Records?

What is a clinical record?
This is any information related to mental health examinations or treatment you have received or are
currently receiving at a facility licensed or operated by the New York State Office of Mental Health. Under
Mental Hygiene Law §33.13, such a facility is under a duty to keep sufficient records of your treatment.
Under New York law, facilities are held to a high standard of confidentiality with respect to these records.
These are not public records, and will not be released without the consent of the patient, unless they are
in an excepted category.1
Do I have a right to access my clinical records?
Yes. Under Federal and New York law, a patient/client about whom clinical records are maintained by a
facility2 (e.g, psychiatric hospital, psychiatric ward, mental health clinic) has the right to access his/her
own clinical records.
However, a provider may deny access to all or part of your medical records and give you a prepared
summary of the record instead, if the provider believes that the information can reasonably be expected
to cause “substantial and identifiable harm” to you (the patient/client) or another person.
How do I obtain my clinical record?
To obtain copies or inspect your record in person, write a letter to the director of the facility that maintains
your records or the person who handles clinical record requests. Indicate what information you want.
You may have to include dates you were admitted to the facility, length of your stay and your social
security number.
How long will it take to receive my clinical records?
If you made a request to see the record in person, and there are no objections to your accessing the
record, your record must be provided to you within 10 days of the written request. If you have requested
copies, the facility can take between 10 and 14 days, or a “reasonable time,” to furnish you with copies.
If you want copies, a facility cannot charge you more than 75 cents per page, with the exception of x-rays
(which cost more), and the cost of mailing records. If you cannot afford the cost of copies, you are still
entitled to your clinical records.
1 This includes an order of a court; attorneys representing patients or clients in proceedings in which the patients’ or clients’
involuntary hospitalization is at issue; the New York State Commission on Quality of Care for the mentally disabled; the medical
review board of the State Commission of Correction; the State Board of Professional Medical Conduct; State Division of Criminal
Justice Services; a correctional facility with respect to named inmates; Director of Community Service (as defined in the Mental
Hygiene law); an endangered individual and a law enforcement agency when a treating psychiatrist or psychologist has determined
that a patient or client presents a serious and imminent danger to that individual. Records may also be disclosed with the consent of
the patient or client to a person or entity provided that the person or entity has a demonstrable need for the information contained in
the records.
2 This applies to facilities as defined by Mental Hygiene Law §33.16, licensed by the State Office of Mental Health.
2
What should I do if I am denied access to my records?
If you are denied access to your records, you may appeal the denial at no cost to a Clinical Records
Access Review Committee appointed by the Office of Mental Health. You should first notify the facility
that you would like a review of the denial. If your request is still denied, the facility must forward your
clinical records and the reason for its denial to the Clinical Records Access Review Committee within ten
days. Then you should send your appeal letter to:
Clinical Records Access Review Committee
Office of Mental Health
44 Holland Avenue
Albany, NY 12229
Your letter should explain your request, and should include dates of your requests for documents, the
business address of the records officer, your name and return address. Your request will be reviewed and
you will be given written notification of whether you will be given access or not.
If the Clinical Records Access Review Committee denies your request, you have a right to begin a special
proceeding in New York Supreme Court, which will determine whether a reasonable basis exists for the
facility to deny access.
What can I do if I believe my clinical record is inaccurate?
If you believe there is a mistake in your record regarding factual information, you may write a short
statement disagreeing with parts of your record and this becomes a permanent part of your medical
record.
© Copyright MFY Legal Services, Inc. 2006. All rights reserved.

What To Do If HSI Takes Your Property

One of our neighbors is having trouble getting H.S.I. staff at the Kenmore to return property they removed from her room while she was away for several weeks. I can't go into more details about her situation here, but the following information comes from Pine Tree Legal Assistance, and it looks pretty good to me: Home » Topics » Housing » Renting/Tenants' Rights » Personal Property Held by Landlord How to Get Your Property Back from Your Landlord Printer-friendly versionPrinter-friendly version 1. Can Get Back My Personal Property From My Former Landlord Or Someone Else? 2. Do I Have To Have a Lawyer To Get A Court Order? 3. What Do I Need to Do? 4. Which Procedure Should I Use? 5. How Do I Bring A Complaint For Summary Proceeding To Recover Personal Property? 6. How Do I File A Complaint? 7. Will I Be Asked To Pay All Of The Court Costs? 8. How Do I Fill out the Complaint? 9. What is Exhibit A? 10. What Is A Summons? 11. What Do I Do With My Completed Forms? 12. How Do I Notify The Other Person About The Court Hearing? 13. Do I Have To Pay For This Service? 14. Do I Still Have To Pay If The Court Has Waived My Court Fees? 15. How Do I File The Forms? 16. What Should I Expect On The Day Of The Hearing? 17. What Happens If The Defendant Does Not Show Up At The Hearing? 18. What Should I Expect If The Defendant Does Show Up? 19. What Happens After The Hearing? 20. What Should I Do If I Disagree With The Judge's Decision? Is There Any Way I Can Get Back My Personal Property If It Is Being Held By My Landlord Or Someone Else? Yes. If someone has taken your personal property without your permission, you can get a court order that allows you to get the property back. Do I Have to Have A Lawyer To Get A Court Order? No. You may represent yourself. What Do I Need To Do? There are several ways to get a court order. We will explain the easiest two ways. First, you can sue in Small Claims Court if the total value of your property is $6,000 or less. In Small Claims Court, the judge can order that you be paid money for the value of the property that was illegally held, or he can order that the property itself be returned. The District Court Clerk for the District that serves your town will give you information on how to file in Small Claims Court – or go to the Court's web site.(link is external) If you decide to sue in Small Claims Court, this material does not apply to you. You should use the Court's Small Claims instructions(link is external) provided by the court. The second way to get your property back is to file in the District Court a "Complaint for Summary Proceeding to Recover Personal Property.” A hearing can be held as soon as seven days after the complaint has been served on the person who is holding your property. If you win, the judge will order that your property be returned. Which Procedure Should I Use? It depends on your situation. A Summary Proceeding is usually faster than going to Small Claims Court. However, in a Summary Proceeding, your remedy may be limited to the return of your property. So, for example, if you believe that your property has been damaged so that you no longer want it returned and you can show its prior value, you might wish to go to Small Claims Court. If you know that your landlord still has your property, then a Summary Proceeding will be quicker. Important Note: If you are thinking about bringing either type of complaint against your former landlord, read the section on "Abandoned Property" in our Rights of Tenants in Maine Handbook first. If your landlord is claiming that you owe him money, his claims against you make your case more complicated. He may have the right to withhold some of your property until your debt is settled. How Do I Bring A Complaint For Summary Proceeding To Recover Personal Property? You must file a Complaint with the District Court where: · You live, · Where your landlord lives, · Where you had your personal property when you were renting, or · Where your personal property is now. If you don't know which court to file in, call any District Court Clerk. Ask for the name and address of the District Court that serves on of the above locations. How Do I File A Complaint? Here is a summary of the steps: · The first thing you need to do is fill out a Complaint for Recovery of Personal Property Form(Complaint). · Next you need to get and fill out a Personal Property Recovery Summons (Summons). You must purchase this from from the District Court office; the fee is $5. When you go in to pick up the form, you can also ask the court clerk to provide you with a hearing date. · Next you need to have copies of the complaint and the summons delivered to the person you are suing. To do this officially, the Sheriff's Office must make the delivery and it must be done 7 days before the hearing date. · Finally, you need to file the original Complaint and Summons with the court clerk. This should be done at least 2 days before the hearing date. You can find more detailed information about each step below. The court also postsInstructions for Filing a Summary Personal Property Recovery Case. Will I Be Asked To Pay All Of The Court Costs? Yes. If you can't afford to pay the filing fee or the costs of service, however, you can get a form called Application to Proceed Without Payment of Fees and an Indigency Affidavit. Get these forms from any District Court clerk, or get them online (see below). Fill them out and return them to the clerk. Your signature on the Affidavit form must be notarized. If the judge agrees that you don't have enough money, you won't have to pay the fees. (If you need help with filling out these forms, go to our page on Court Fee Waivers.) Get interactive versions of the forms here: · Application to Proceed Without Payment of Fees · Indigency Affidavit How Do I Fill Out The Complaint? Use our interactive version of the Complaint form or print off the form and neatly print your information in the blank spaces of the form. Here is a brief description of the information you'll need to put in each section: · Location: court use, leave blank · Docket No.: court use, leave blank · Plaintiff: your full name · Defendant: the full name of the person you are suing · NOW COMES: your full name 1. where your property is currently located; if you do not know where it is located, then where it was taken from (for example, the apartment where you left it) 2. the property you want returned; be specific; attach another sheet of paper if your property list is long. 3. the full name of the person you are suing · WHEREFORE: where your property is currently located, if you do not know where it is located, then where it was taken from · Dated: the date you fill the form out · Plaintiff: your signature · Bar Number: the bar number of your attorney if you are being represented by one, if not then leave blank What Is A Summons? You must notify the defendant that you are filing a court complaint. You must give this notice at least 7 days before a court hearing. You do this with a Summons. First call the court clerk for the District Court where you will be filing your case. Tell the clerk that you will be filing a Complaint for Summary Proceeding to Recover Personal Property and need a court hearing date. Pick a time that will give the sheriff enough time to locate and serve the person who has your property. It is a good idea to pick a hearing date that will be at least 14 days after you give the papers to the sheriff's office for service. Write down the time and date the clerk gives you. Also ask the clerk for the street address of the court. You will need this information to fill out the Summons. You can pick up the Summons at the courthouse; there is a $5 fee. What Do I Do With My Completed Forms? Next, you need to “file” and “serve” the papers. First make one copy of each form (for you to keep) and one more copy of the Complaint and Summons (for the Defendant). You will give the originals to the court clerk. You can either “serve” the papers first, or “file” the papers first. If you are asking for a fee waiver (read more about fee waivers), then you will need to file first (read more on how to file). If you are going to pay the court fees and service costs yourself, then it is easier to “serve,” then “file.” Follow the steps outlined below. How Do I Notify The Other Person About The Court Hearing? Once your paperwork is ready, you will need to ask the sheriff’s office to make “personal service” of the papers on the Defendant. These are the papers you will give to the sheriff: · One copy of the Complaint, including any attached papers. You keep the original Complaint. You'll file it later with the Court Clerk. · The original and one copy of the Summons. Call the sheriff's office in the county where the defendant is living, working, or can be easily located. If the defendant is out of state, ask your local county sheriff to give you the address of the sheriff's department in the county where the defendant lives. Then hand-deliver or mail your court papers to the sheriff. Explain what you need to have done. Explain where and when the defendant might be served most easily. Also, remember to explain that the papers must be served at least 7 days before the date of your hearing. A deputy hand-delivers copies of the Complaint and Summons to the defendant. The deputy will fill out the bottom part of the original Summons to show that service has been made. The original Summons will be returned to you. You’ll file this original Summons with the Court Clerk later. Do I Have To Pay For This Service? Yes. There is no standard fee. You should expect to pay about $20 to $40. Do I Still Have To Pay If The Judge Has Waived my Court Fees? No. If the Court approved your "Application to Proceed Without Payment of Fees,” you can send the sheriff's bill directly to the District Court for payment. Ask the clerk for an "attested" copy of the judge's order waiving your fees. Give it to the sheriff when you deliver the papers for service. How Do I File the Forms? Your next step is to file the original of your Complaint with the District Court. The clerk will need your completed Summary Sheet, as well. You must pay the court’s filing fee at this time (unless the judge grants your fee waiver request). Remind the clerk that your Complaint asks for a recorded hearing. You will need this record if you decide later to appeal the judge's decision. Once you have received the original Summons back from the sheriff's office, file it with the Court Clerk also. (If you aren’t asking for a fee waiver, you can file all of your court papers at the same time, after you get the Summons back from the sheriff.) Keep copies of all your court papers to refer to at your hearing. NOTE: If you are "filing" your papers with the court before "serving" copies on the Defendant, go back to information on "serving" the papers after you have completed this step. What Should I Expect On The Day Of The Hearing? At your hearing, you will appear before a judge. Be prepared to prove that you own your property. To do this, you should bring every paper, sales receipt or bill that relates to the property. You can also bring any people who have first-hand knowledge that you own the property. For example, if a relative gave you an item as a present, it would be helpful to ask that relative to come to court and testify about giving you the gift. Remind the judge that you asked for a recorded hearing. What Happens If The Defendant Does Not Show Up At The Hearing? If the Defendant was served with the Summons and Complaint and is not in court, the judge will probably issue a default judgment. This means that you have won the case. What Should I Expect If The Defendant Does Show Up? If the defendant does show up, the judge will first ask you to tell him what the case is about. You should explain clearly that you own certain property and that the defendant has it and will not give it back. If you have receipts or other papers showing that you own the property, show them to the judge. If you have brought witnesses who can testify that they have first-hand knowledge that you own the property, ask the judge to allow them to testify. You can then ask your witnesses to tell the judge how they know that you own the property. The Defendant can ask you or your witnesses questions. The Defendant may also testify and bring in his own witnesses. You can question the Defendant and his witnesses. What Happens After The Hearing? If the judge agrees that you own the property, he or she will issue an Order saying that. Seven days after the judge's decision, you can ask the Court Clerk to give you a Writ of Possession, ordownload an interactive form to request the Writ. The clerk needs to issue an "attested" copy of the Writ. Then take the Writ to the sheriff or police department nearest to your property, and ask for an officer to go with you to get your property. What Should I Do If I Disagree With The Judge's Decision? Either side may appeal the judge's decision. The appeal must be filed within 21 days of the judge's decision. An appeal must be based on a legal issue. If you just disagree with the trial judge’s reasonable findings of fact, an appeal probably won’t do you any good. If you want to file an appeal, talk to a lawyer right away. Get an interactive Notice of Appeal form here. Updated October 2013 PTLA #69landlord, read the section on "Abandoned Property" in our Rights of Tenants in Maine Handbook first. If your landlord is claiming that you owe him money, his claims against you make your case more complicated. He may have the right to withhold some of your property until your debt is settled. How Do I Bring A Complaint For Summary Proceeding To Recover Personal Property? You must file a Complaint with the District Court where: · You live, · Where your landlord lives, · Where you had your personal property when you were renting, or · Where your personal property is now. If you don't know which court to file in, call any District Court Clerk. Ask for the name and address of the District Court that serves on of the above locations. How Do I File A Complaint? Here is a summary of the steps: · The first thing you need to do is fill out a Complaint for Recovery of Personal Property Form(Complaint). · Next you need to get and fill out a Personal Property Recovery Summons (Summons). You must purchase this from from the District Court office; the fee is $5. When you go in to pick up the form, you can also ask the court clerk to provide you with a hearing date. · Next you need to have copies of the complaint and the summons delivered to the person you are suing. To do this officially, the Sheriff's Office must make the delivery and it must be done 7 days before the hearing date. · Finally, you need to file the original Complaint and Summons with the court clerk. This should be done at least 2 days before the hearing date. You can find more detailed information about each step below. The court also postsInstructions for Filing a Summary Personal Property Recovery Case. Will I Be Asked To Pay All Of The Court Costs? Yes. If you can't afford to pay the filing fee or the costs of service, however, you can get a form called Application to Proceed Without Payment of Fees and an Indigency Affidavit. Get these forms from any District Court clerk, or get them online (see below). Fill them out and return them to the clerk. Your signature on the Affidavit form must be notarized. If the judge agrees that you don't have enough money, you won't have to pay the fees. (If you need help with filling out these forms, go to our page on Court Fee Waivers.) Get interactive versions of the forms here: · Application to Proceed Without Payment of Fees · Indigency Affidavit How Do I Fill Out The Complaint? Use our interarctive version of the Complaint form or print off the form and neatly print your information in the blank spaces of the form. Here is a brief desription of the information you'll need to put in each section: · Location: court use, leave blank · Docket No.: court use, leave blank · Plaintiff: your full name · Defendant: the full name of the person you are suing · NOW COMES: your full name 1. where your property is currently located; if you do not know where it is located, then where it was taken from (for example, the apartment where you left it) 2. the property you want returned; be specific; attach another sheet of paper if your property list is long. 3. the full name of the person you are suing · WHEREFORE: where your property is currently located, if you do not know where it is located, then where it was taken from · Dated: the date you fill the form out · Plaintiff: your signiture · Bar Number: the bar number of your attorney if you are being represented by one, if not then leave blank What Is A Summons? You must notify the defendant that you are filing a court complaint. You must give this notice at least 7 days before a court hearing. You do this with a Summons. First call the court clerk for the District Court where you will be filing your case. Tell the clerk that you will be filing a Complaint for Summary Proceeding to Recover Personal Property and need a court hearing date. Pick a time that will give the sheriff enough time to locate and serve the person who has your property. It is a good idea to pick a hearing date that will be at least 14 days after you give the papers to the sheriff's office for service. Write down the time and date the clerk gives you. Also ask the clerk for the street address of the court. You will need this information to fill out the Summons. You can pick up the Summons at the courthouse; there is a $5 fee. What Do I Do With My Completed Forms? Next, you need to “file” and “serve” the papers. First make one copy of each form (for you to keep) and one more copy of the Complaint and Summons (for the Defendant). You will give the originals to the court clerk. You can either “serve” the papers first, or “file” the papers first. If you are asking for a fee waiver (read more about fee waivers), then you will need to file first (read more on how to file). If you are going to pay the court fees and service costs yourself, then it is easier to “serve,” then “file.” Follow the steps outlined below. How Do I Notify The Other Person About The Court Hearing? Once your paperwork is ready, you will need to ask the sheriff’s office to make “personal service” of the papers on the Defendant. These are the papers you will give to the sheriff: · One copy of the Complaint, including any attached papers. You keep the original Complaint. You'll file it later with the Court Clerk. · The original and one copy of the Summons. Call the sheriff's office in the county where the defendant is living, working, or can be easily located. If the defendant is out of state, ask your local county sheriff to give you the address of the sheriff's department in the county where the defendant lives. Then hand-deliver or mail your court papers to the sheriff. Explain what you need to have done. Explain where and when the defendant might be served most easily. Also, remember to explain that the papers must be served at least 7 days before the date of your hearing. A deputy hand-delivers copies of the Complaint and Summons to the defendant. The deputy will fill out the bottom part of the original Summons to show that service has been made. The original Summons will be returned to you. You’ll file this original Summons with the Court Clerk later. Do I Have To Pay For This Service? Yes. There is no standard fee. You should expect to pay about $20 to $40. Do I Still Have To Pay If The Judge Has Waived my Court Fees? No. If the Court approved your "Application to Proceed Without Payment of Fees,” you can send the sheriff's bill directly to the District Court for payment. Ask the clerk for an "attested" copy of the judge's order waiving your fees. Give it to the sheriff when you deliver the papers for service. How Do I File the Forms? Your next step is to file the original of your Complaint with the District Court. The clerk will need your completed Summary Sheet, as well. You must pay the court’s filing fee at this time (unless the judge grants your fee waiver request). Remind the clerk that your Complaint asks for a recorded hearing. You will need this record if you decide later to appeal the judge's decision. Once you have received the original Summons back from the sheriff's office, file it with the Court Clerk also. (If you aren’t asking for a fee waiver, you can file all of your court papers at the same time, after you get the Summons back from the sheriff.) Keep copies of all your court papers to refer to at your hearing. NOTE: If you are "filing" your papers with the court before "serving" copies on the Defendant, go back to information on "serving" the papers after you have completed this step. What Should I Expect On The Day Of The Hearing? At your hearing, you will appear before a judge. Be prepared to prove that you own your property. To do this, you should bring every paper, sales receipt or bill that relates to the property. You can also bring any people who have first-hand knowledge that you own the property. For example, if a relative gave you an item as a present, it would be helpful to ask that relative to come to court and testify about giving you the gift. Remind the judge that you asked for a recorded hearing. What Happens If The Defendant Does Not Show Up At The Hearing? If the Defendant was served with the Summons and Complaint and is not in court, the judge will probably issue a default judgment. This means that you have won the case. What Should I Expect If The Defendant Does Show Up? If the defendant does show up, the judge will first ask you to tell him what the case is about. You should explain clearly that you own certain property and that the defendant has it and will not give it back. If you have receipts or other papers showing that you own the property, show them to the judge. If you have brought witnesses who can testify that they have first-hand knowledge that you own the property, ask the judge to allow them to testify. You can then ask your witnesses to tell the judge how they know that you own the property. The Defendant can ask you or your witnesses questions. The Defendant may also testify and bring in his own witnesses. You can question the Defendant and his witnesses. What Happens After The Hearing? If the judge agrees that you own the property, he or she will issue an Order saying that. Seven days after the judge's decision, you can ask the Court Clerk to give you a Writ of Possession, ordownload an interactive form to request the Writ. The clerk needs to issue an "attested" copy of the Writ. Then take the Writ to the sheriff or police department nearest to your property, and ask for an officer to go with you to get your property. What Should I Do If I Disagree With The Judge's Decision? Either side may appeal the judge's decision. The appeal must be filed within 21 days of the judge's decision. An appeal must be based on a legal issue. If you just disagree with the trial judge’s reasonable findings of fact, an appeal probably won’t do you any good. If you want to file an appeal, talk to a lawyer right away. Get an interactive Notice of Appeal form here. Updated October 2013 PTLA #69

GET INVOLVED!!

We will be adding plenty of additional information in the next few weeks. One of the features we'd like to add are video interviews that can be added to this blog - tenants talking about issues of particular importance to them, in their own words. If you'd like to be involved with this, please either email us at kenmorehalltenantsassociation@gmail.com, post a comment to this post below, or phone 347-850-2283 and leave a message pitching your idea. We'll be checking the voice mail every few days and will get back to you within a week (or less). If you have written or graphic material you'd like to post, feel free to email it to us.

Keep checking back as we develop more resources and interesting posts for you! Questions and suggestions are welcome. Call or comment...

GET RID OF MOLD!

N.Y. PBH. LAW § 1384 : NY Code - Section 1384: New York state toxic mold task force

Search N.Y. PBH. LAW § 1384 : NY Code - Section 1384: New York state toxic mold task force

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1. The New York state toxic mold task force is hereby established. The task force shall: (a) assess, based on scientific evidence, the nature, scope and magnitude of the adverse environmental and health impacts caused by toxic mold in the state; (b) measure, based on scientific evidence, the adverse health effects of exposure to molds on the general population, including specific effects on subgroups identifiable as being at greater risk of adverse health effects when exposed to molds; (c) identify actions taken by state, and local governments, and other entities; (d) assess the latest scientific data on exposure limits to mold in indoor environments; (e) determine methods for the control of mold in a cost-effective and environmentally sound manner and identify measures to mitigate mold; and (f) prepare a report to the governor and the legislature that assesses the current body of knowledge on toxic mold, provides the status of toxic mold in the state, and assesses the feasibility of any further actions to be taken by the legislature or state agencies as recommended by the task force. 2. For purpose of this title, the term "mold" shall mean any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold shall include, but not be limited to, cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mucor, and stachybotrys chartarum, often found in water damaged building materials. 3. The task force shall issue its findings, in the form of a report, no later than November thirtieth, two thousand six. 4. The task force shall consist of a total of fourteen members and shall include the commissioner and the secretary of state or their designees. The commissioner and the secretary of state shall select the task force's twelve at-large members from each of the following: SUNY college of environmental science and forestry, New York Indoor Environmental Quality Center, Inc., New York city department of health and mental hygiene, NY STAR Center for Environmental Quality Systems, public health officer, environmental health officer, certified public health engineer, pediatric environmental health specialist, a person with an expertise in toxicology, a person with an expertise in mycology, a person with expertise in mold abatement from a labor organization that represents workers performing mold abatement and a person with expertise in real estate management, including building repair, renovation or rehabilitation of multi-family and single family residences. 5. The commissioner and the secretary of state or their designees shall serve as joint chairs of the task force. 6. The task force may consult with any organization, educational institution, governmental agency, or person including, but not limited to, the United States department of health and human services, the United States environmental protection agency, and the occupational safety and health administration. 7. The commissioner and the secretary of state may reconvene the task force, with the same or different members, after issuance of the report, to address any toxic mold issues. 8. The members of the task force shall serve without compensation, except that at-large members shall be allowed their necessary and actual expenses incurred in the performance of their duties under this title.

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- See more at: http://codes.lp.findlaw.com/nycode/PBH/13/11-A/1384#sthash.NW0u5L4d.dpuf

ABOUT REPAIRS - from the HPD website

My landlord refuses to make repairs to my apartment. What can I do?
If you are a tenant in a privately-owned building, there are several things you can do to get their landlord to make repairs; however, you may want to take the following steps in order to establish a record:

Contact the building superintendent regarding the repairs.
If the superintendent or management company does not respond, write a letter to the owner of the building that describes the problems in your apartment and asks for the repairs to be made by a certain date. You should send the letter to the owner and management company by certified mail and keep a copy for your records.
If you do not receive a response to the letter, you should try to contact the owner in person or by phone. Let him or her know that if the repairs are not completed, that the tenant will have to file a complaint. Keep a record of all of your attempts to get the landlord to make repairs, as this will be useful in court.

If the owner still does not respond or fails to provide essential services, you may report the condition to the City's Citizen Service Center at 311 (311 may be accessed outside New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24 hours a day, seven days a week.

You can also bring a case against the landlord in Housing Court to get an order to correct the conditions. This case is called an HP Action. HP actions are lawsuits brought by tenants or groups of tenants against landlords to force them to make repairs and provide essential services, like heat and hot water. A landlord's failure to make a repair or provide an important service may be a violation of the New York City Housing Maintenance Code or the Multiple Dwelling Law. In an HP action, a judge can order the landlord to correct the violations. If you want to start an HP proceeding against your landlord, go to the Clerk's Office at the Housing Court. You do not need a lawyer to start an HP case.

Tenants living in an HPD-owned building who have complaints about the maintenance of their apartment should call 212-491-4229 or 311.

Tenants in rent controlled or rent stabilized apartments may contact the State Division of Housing and Community Renewal (DHCR) Office of Rent Administration. Call 311 for information. DHCR may impose penalties on building owners in the form of rent reductions if a tenant's problems are valid.

Tenants with maintenance complaints about apartments in New York City Housing Authority (NYCHA) buildings should go to their management office and fill out a work ticket.

How to Report an Apartment Maintenance Problem

If your building owner fails to maintain your apartment and provide essential services, you may report the condition to the City's Customer Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven days a week.

Owners of privately-owned buildings are required by law to maintain apartments in habitable condition and provide tenants with heat during the winter heat season (October 1 through May 31) and hot water 365 days a year. These standards are enforced by HPD's Division of Code Enforcement.

You can check for open complaints, violations and registration information on a specific building by using HPDONLINE If the complaint is an emergency, a uniformed Code Enforcement inspector will be sent to inspect your apartment. Each time an inspector responds to a complaint, the tenant is provided the following information: a summary of issued violations; a complaint number; the date of inspection; and, the inspector's badge number. After the inspection, tenants receive two brochures outlining their rights and responsibilities and the most common health and safety violations. These brochures help tenants understand their rights and responsibilities. The building owner is also notified of the complaint.

If violation conditions are verified by the Inspector, a Notice of Violation will be sent to the owner instructing him/her to repair the condition. If the owner fails to correct immediately hazardous conditions, HPD's Emergency Repair Program may repair the condition and bill the owner for the cost of the repairs. Tenants can ask about the status of emergency repair work in their apartments by calling (212) 863-5510. NOTE: This number is for status requests only for ongoing HPD-sponsored emergency repair work that is already in progress. If your building owner fails to maintain your apartment and provide essential services, you need to report the condition to the City's Customer Service Center at 311.

If the building owner does not correct violation conditions, tenants may initiate legal action against the landlord in Housing Court. The Court has the authority to order the landlord to correct violations and can assess serious penalties for failure to comply. There is a $45 fee to file the action, which the court may waive if tenants are unable to pay.

For more information on the complaint and violation process in general, see the Guide to HPD Enforcement Service.

Legal Resources for Tenants

LEGAL (AND OTHER) RESOURCES FOR LOW-INCOME TENANTS

Metropolitan Council on Housing

339 Lafayette Street

NYC NY 10012

Phone: 212-979-0611

• Legal advice on landlord/tenant issues; help in organizing tenants’ associations.

The Westside S.R.O. Law Project

51 West 109th Street

NYC NY 10025

Phone: 212-799-9638

• Drop-in intake: Thursdays 4 p.m. to 6 p.m.

MFY Legal Services

299 Broadway, 4th Floor

NYC NY 10007

Phone: 212-417-3700

Fax: 212-417-3890

www.mfy.org

• Independent legal services agency providing advice, counsel and representation on housing, public benefits, disability rights, employment, consumer and family law matters. Provides training and technical assistance to tenants, seniors, people with disabilities and community-based organizations on a wide range of legal topics.

New York City Commission on Human Rights

212-306-7450

www.nyc.gov/html/ochr/home.html

New York State Division of Human Rights

888-392-3644

http://www.dhr.state.ny.us

• You can download a complaint form from this site and send it to your regional office, also listed on the website.

Community Access

(Building homes, hopes and futures)

666 Broadway, 3rd Floor

New York NY 10012

Phone: 212-780-1400

Fax: 212-780-1412

www.communityaccess.org

• Provides innovative housing, on-site support services, employment opportunities, and advocacy for adults with chronic and persistent mental illness, many of whom had been previously homeless.

Lawhelp: www.lawhelp.org

• Referrals to other providers of free legal resources

New York City Council

www.council.nyc.gov

• You can find out who your Council Member is at the website or by calling 311

U.S. Department of Housing & Urban Development

800-669-9777

http://www.hud.gov/complaints/housediscrim.cfm

Office of the Attorney General

New York City: 120 Broadway, NYC NY 10271-0332; 212-416-8000

H.S.I. has no right to intimidate tenants who want to organize

New York State REAL PROPERTY LAW (RPL) Laws 1909 Chap. 52 §230. Right of tenants to form, join or participate in tenants’ groups. 1. No landlord shall interfere with the right of a tenant to form, join or participate in the lawful activities of any group, committee or other organization formed to protect the rights of tenants nor shall any landlord harass, punish, penalize, diminish, or withhold any right, benefit or privilege of a tenant under his tenancy for exercising such right. 2. Tenants’ groups, committees or other tenants’ organizations shall have the right to meet in any location on the premises which is devoted to the common use of all tenants in a peaceful manner, at reasonable hours and without obstructing access to the premises or facilities. No landlord shall deny such right.

Kenmore Hall Tenants Association

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Housing Law

CHAPTER 2
HOUSING MAINTENANCE CODE
[table of contents]

SUBCHAPTER 1
GENERAL PROVISIONS

ARTICLE 1
General Provisions

Sec. [D26-1.01] 27-2001 Short Title.

Sec. [D26-1.03] 27-2002 Legislative declaration.

Sec. [D26-1.05] 27-2003 Applicability

Sec. [D26-1.07] 27-2004 Definitions.

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Sunday, March 22, 2020

Fwd: [PSN] Update on New York City's Coronavirus Response for Friday, March 20

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Housing Law

CHAPTER 2HOUSING MAINTENANCE CODE[table of contents]

SUBCHAPTER 1GENERAL PROVISIONS

ARTICLE 1General Provisions

Sec. [D26-1.01] 27-2001 Short Title.

Sec. [D26-1.03] 27-2002 Legislative declaration.

Sec. [D26-1.05] 27-2003 Applicability

Sec. [D26-1.07] 27-2004 Definitions.

CHAPTER 2
HOUSING MAINTENANCE CODE
[table of contents]

SUBCHAPTER 1
GENERAL PROVISIONS

ARTICLE 1
General Provisions