Monday, January 29, 2024

Warranty of Habitability and Local Law 55 of 2018

Ever wonder how your landlord's neglect of basic housekeeping can impact your health? Lawmakers in NYC have been considering this for years, because lazy cheap landlords have been inflicting life-altering and substandard conditions on low-income tenants for years (and yes, I mean H.S.I.)

LANDLORD/TENANT ANSWER IN PERSON FACT SHEET (CIV-LT-91) #10: WARRANTY OF HABITABILITY Defense # 10 says: "There are conditions in the apartment which need to be repaired and/or services which the Petitioner has not provided." This defense is also called "warranty of habitability." A violation of the warranty of habitability can be a defense and a counterclaim in a nonpayment case. The warranty of habitability makes the landlord or owner responsible for keeping your apartment and the building safe and livable at all times. You may have a warranty of habitability defense or counterclaim if you have any of the conditions listed here (or you had any during the time period the landlord or owner says you owe rent) in your apartment or in the public areas of your building. You can bring this list with you when you go to court. Check off all the conditions that are in your apartment or building: ___ You can’t live in all or part of the apartment. ___ No water ___ Water leaks or floods ___ No hot water ___ No heat ___ Problem with pipes ___ Radiator problems (too much heat, broken, exploding, noisy) ___ Electric (broken outlets or light fixtures, exposed or bad wiring) ___ No electricity or only extension cords ___ Mice/Rats/Vermin ___ Roaches/Insects/Bugs 2 ___ Mold ___ Kitchen problems (stove/oven/refrigerator/sink broken) ___ Gas (none or leaking) ___ Bathroom problems (broken toilet/sink/shower/tub, leaks or blocks up) ___ Floor problems (holes, sagging, etc.) ___ Walls/Ceilings cracks, peeling paint or plaster ___ broken tiles on walls or floors ___ peeling paint or plaster ___ Lead paint (In most buildings it will be assumed that the paint is lead paint if a child under age 7 lives in the apartment) ___ Window problems (bad fit/leaks/drafty, broken glass, don't open or close, locks broken, torn screens) ___ No window guards ___ Bad ventilation ___ Smoke detector missing or it’s no good ___ Carbon monoxide detector missing or it’s no good ___ Garbage not collected ___ Smells or fumes ___ Harassment by landlord or other tenants ___ Noise ___ Door locks broken ___ Broken intercom or doorbell ___ Fire or smoke damage 3 ___ Asbestos Public Areas ___ Crime or illegal activity ___ Dirty Hallways (sewage, garbage) ___ Bad lights (indoor or outdoor) ___ Dangerous stairs or railings ___ Broken elevator ___ Mailbox problems (none or no good) ___ Broken Fire Escape ___ Boiler is no good ___ Roof is no good ___ Fire escape is no good ___ Any other condition that is dangerous to life, health or safety or makes the apartment or building unlivable The warranty of habitability also says the landlord or owner must maintain services and conditions that you were told about when you moved in, but that are not required by law; like, if your landlord or owner agreed to provide air conditioning, or a roof-top garden. If the landlord or owner did not provide these services, then you have a warranty of habitability defense and counterclaim. In order to prove a warranty of habitability defense, your landlord or owner must have had actual or “constructive notice” of the condition that needs repair. If you called or wrote to the landlord or an employee of the landlord to tell them of an unsafe or unlivable problem in your apartment or building, they were placed on actual notice. Or, if the Department of Housing Preservation and Development (“DHPD”) has put violations on the apartment or building, then the landlord or owner has actual notice of those conditions. 4 If you did not call or write to the landlord or an employee of the landlord to tell him or her about the condition, “constructive notice” may be found if you can show that the landlord or one of his or her employees should or could have known about the condition, even though you not give actual notice in writing or by talking about it. For example, you may not have told the landlord or an employee about the condition but he or she should have seen it because the conditions should have been discovered with routine maintenance. Or the problems are so clear, that any person would know about them. When you go to court you must bring any written records of notice of the conditions, any copies of letters and if possible, any proof that the landlord or the landlord’s employees got the information from you. Bring temperature logs (records), photographs, chips of peeling paint and plaster, dead mice or rats caught in the apartment or building, all the types of proof that can help your case. You should bring any witnesses who saw the conditions, like neighbors. If you kept any records that show the dates and times the unsafe or unlivable conditions existed, like poor heat, leaks, times when strange people came into the building during when the outside door lock was broken, or broken elevators. You do not need an expert to testify in court to prove a warranty of habitability defense or claim. If the judge says that you have proved the defense or claim, you may be entitled to an “abatement,” or a reduction of the rent. The amount of the abatement will depend on what the judge says is the percentage of reduction of the value of the apartment when repairs were not made or services were not provided. An abatement is not limited to the months that the landlord or owner is seeking in the nonpayment case. You can have an abatement for the entire time the condition existed, up to six years. The Judge may say there were many violations of the warranty of habitability. When a building is not taken care of in one area, it is often not taken care of in other areas. Usually, you can get a judgment against the landlord on a counterclaim for violation of the warranty of habitability and get a refund for rent you paid and in an amount that is more than the rent you owe the landlord. You can’t have an abatement for conditions that you have caused. If you did not let the landlord or his or her employees got in to your apartment to correct conditions, a rent abatement will be denied or severely limited. CIV-RC-88 (December 2006)-i 5 If you are a New York City Housing Authority (“NYCHA”) tenant, you can counterclaim for warranty of habitability violations even if you have not served a Notice of Claim form on NYCHA before raising your claim, as long as you only want to set off NYCHA’s claim for rent and do not want a money judgment. A money judgment can’t be granted against NYCHA, unless you have first served the city with a timely notice of claim because the Housing Authority is an agency of the City of New York.

Here's Local Law 55 of 2018:

LOCAL LAWS OF THE CITY OF NEW YORK FOR THE YEAR 2018 ______________________ No. 55 _________________________ Introduced by Council Members Mendez, Torres, Johnson, Chin, Constantinides, Cumbo, Koo, Reynoso, Rodriguez, Rose, Levine, Koslowitz, Rosenthal, Richards, Palma, Lander, Levin, Menchaca, Lancman, Dromm, Barron, Kallos, Ferreras-Copeland, Crowley, King, Gibson, Cabrera, Mealy, Maisel, Miller, Cornegy, Eugene, Van Bramer, Salamanca, Gentile, Vacca, Espinal, Cohen, Williams, Garodnick, Greenfield, Treyger, Deutsch, Grodenchik, Perkins, Vallone and the Public Advocate (Ms. James). A LOCAL LAW To amend the administrative code of the city of New York, in relation to indoor asthma allergen hazards in residential dwellings and pest management, and to repeal section 27-2018 of the administrative code of the city of New York, relating to rodent and insect eradication and extermination Be it enacted by the Council as follows: Section 1. Section 27-2018 of the administrative code of the city of New York is REPEALED. § 2. The title of article 4 of subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York is amended to read as follows: ARTICLE 4 CONTROL OF PESTS AND OTHER ASTHMA ALLERGEN TRIGGERS §27-2017 Definitions. §27-2017.1 Owners' responsibility to remediate. §27-2017.2 Owners' responsibility to notify occupants and to investigate. §27-2017.3 Violation for visible mold. 2 §27-2017.4 Violation for pests. §27-2017.5 Removal of asthma triggers in a dwelling unit upon turnover. §27-2017.6 Department inspections. §27-2017.7 Department implementation and enforcement. §27-2017.8 Integrated pest management practices §27-2017.9 Work practices. §27-2017.10 Department removal of violations placed by the department of health and mental hygiene. §27-2017.11 Reporting. §27-2017.12 Waiver of benefit void. § 27-2018.1 Notice of bedbug infestation history § 27-2018.2 Reporting of bedbug infestations § 27-2019 Elimination of harborages § 3. Section 27-2017 of subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York is amended to read as follows: §27–2017 Definitions. When used in this article: [(a) Eradication means the elimination of rodents or insects and other pests from any premises through the use of traps, poisons, fumigation or any other method of extermination. (b) Insects and other pests include the members of class insecta, including houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the phylum arthropoda as spiders, mites, ticks, centipedes and wood lice.] 3 Common area. The term “common area” means a portion of a multiple dwelling that is not within a dwelling unit and that is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling, as well as commonly used areas such as a laundry room. [(c)] Harborage. The term “harborage” [Harborage] means any condition which provides shelter or protection for [rodents or insects and other] pests. Indoor allergen hazard. The term “indoor allergen hazard” means any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation, or an indoor mold hazard. Indoor mold hazard. The term “indoor mold hazard” means any condition of mold growth on an indoor surface, building structure or ventilation system, including mold that is within wall cavities, that is likely to cause harm to a person or that has been cited as a violation by the department. Integrated pest management. The term “integrated pest management” means ongoing prevention, monitoring and pest control activities and reasonable efforts to eliminate pests from any building, lot, or dwelling. This includes, but is not limited to, reasonable efforts to eliminate of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides. Pest. The term “pest” means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the Phylum Arthropoda as spiders, mites, ticks, centipedes and wood lice, or of the Order Rodentia, including but not limited to mice, 4 Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance. Remediation or remediate. The term “remediation” or “remediate” means reasonable efforts to eradicate pests in accordance with section 27-2017.8 and reasonable efforts to eradicate indoor mold hazards in accordance with rules promulgated pursuant to section 27-2017.9. Underlying defect. The term “underlying defect” means a condition that causes an indoor mold hazard, such as a water leak or water infiltration from plumbing or defective masonry pointing or other moisture condition, or causes an infestation of pests, including holes or entryway paths for pests. Visible mold. The term “visible mold” means mold that is readily identifiable by visual inspection, including mold that is behind furniture or other interior obstructions. § 4. Subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York is amended by adding new sections 27-2017.1 through 27-2017.12 to read as follows: §27-2017.1 Owners' responsibility to remediate. The existence of an indoor allergen hazard in any dwelling unit in a multiple dwelling is hereby declared to constitute a condition dangerous to health. An owner of a dwelling shall take reasonable measures to keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards, and shall take reasonable measures to prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously take reasonable measures to remediate such conditions and any underlying defect, when such underlying defect exists, consistent with section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9. 5 §27-2017.2 Owners' responsibility to notify occupants and to investigate. a. The owner of a multiple dwelling shall cause an investigation to be made for indoor allergen hazards in all occupied dwelling units and in common areas as set forth on subdivision b of this section. b. Investigations shall be undertaken at least once a year and more often if necessary, such as when, in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause an indoor allergen hazard, or an occupant makes a complaint concerning a condition that is likely to cause an indoor allergen hazard or requests an inspection, or the department issues a notice of violation or orders the correction of a violation that is likely to cause an indoor allergen hazard. c. All leases offered to tenants or prospective tenants in such multiple dwellings shall contain a notice, conspicuously set forth therein, which advises tenants of the obligations of the owner and tenant as set forth in this section. Such notice shall be approved by the department, and shall be in English and in the covered languages set forth in section 8-1002. The owner of such multiple dwelling shall provide the tenant or prospective tenant of such dwelling unit with the pamphlet developed by the department of health and mental hygiene pursuant to section 17-199.7. Such pamphlet shall be made available in English and in the covered languages set forth in section 8-1002. §27- 2017.3. Violation for visible mold a. The presence of visible mold in any room in a dwelling unit in a multiple dwelling shall constitute an indoor mold hazard violation as provided in this section, except when such mold is present on tile or grout: 1. The presence of visible mold in an amount measuring in total less than ten square feet in a room within a dwelling unit shall constitute a non-hazardous violation. 6 2. The presence of visible mold in an amount measuring in total between ten square feet and thirty square feet in a room within a dwelling unit shall constitute a hazardous violation. 3. In addition, the presence of visible mold as provided in subparagraphs (a) or (b) of this paragraph shall constitute a hazardous violation if: (a) there is an existing non-hazardous violation of paragraph one of this subdivision for which the certification period has expired and the non-hazardous violation has not been certified as corrected within the certification time period, and the mold condition that was the cause of the non-hazardous violation continues to be present in the same room in the dwelling unit; or (b) The owner has submitted a false certification of correction of a non-hazardous violation issued pursuant to paragraph one of this subdivision and the mold condition that was the cause of such non-hazardous violation continues to be present in the same room in the dwelling unit. 4. The presence of visible mold in an amount measuring in total greater than or equal to thirty square feet in a room within a dwelling unit, shall constitute an immediately hazardous violation. 5. In addition, the presence of visible mold as provided in subparagraphs (a) or (b) of this paragraph shall constitute an immediately hazardous violation if: (a) There is an existing hazardous violation pursuant to paragraph two of this subdivision for which the certification period has expired and such hazardous violation has not been certified as corrected within the certification time period, and the department has reinspected the unit within seventy days of the certification date of such hazardous violation and has found that the mold condition that was the cause of such hazardous violation continues to be present in the same room in the dwelling unit; or 7 (b) The owner has submitted a false certification of correction of a hazardous violation issued pursuant to paragraph two of this subdivision and the mold condition that was the cause of such hazardous violation continues to be present in the same room in the dwelling unit. b. The presence of visible mold in an amount measuring greater than or equal to thirty square feet in any one room or any one level of a hallway of a common area or fifty square feet in the aggregate shall constitute a hazardous violation. The presence of visible mold in an amount measuring less than thirty square feet in any one room or any one level of a hallway of a common area or fifty square feet in the aggregate shall constitute a non-hazardous violation. c. 1. The date for correction of a non-hazardous or hazardous violation pursuant to subdivisions a or b of this section shall be as set forth in subdivision c of section 27-2115. 2. The date for correction of an immediately hazardous violation pursuant to subdivision a of this section shall be twenty-one days after service of the notice of violation as provided on such notice. 3. The department may postpone the date by which an immediately hazardous violation issued pursuant to subdivision a of this section shall be corrected upon a showing, made within the time set for correction in the notice, that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of serious technical difficulties, inability to obtain necessary materials, funds or labor, inability to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as may be necessary to make the required repair, provided, however, that where such immediately hazardous violation has been issued as a result of a reinspection of a hazardous violation that remained uncorrected, no postponement shall be granted. Such postponement shall not exceed 8 fourteen days from the date of correction set forth in the notice of violation. The department may require such other conditions as are deemed necessary to correct the violation within the time set for the postponement. §27- 2017.4. Violation for pests a. When the department makes the determination that any premises are infested by pests other than cockroaches, mice, or rats, it may order such eradication measures and work practices as the department deems necessary. Such violation shall be a hazardous violation pursuant to section 27-2115. b. Notwithstanding the provisions of subdivision a of this section, the presence of cockroaches, mice or rats in any room in a dwelling unit in a multiple dwelling or a common area shall constitute an immediately hazardous violation of this code as provided in this section and an owner shall comply with the work practices set out in subdivision a of section 27-2017.8 when correcting a such violation. c. The date for correction of an immediately hazardous violation for cockroaches, mice, or rats shall be twenty-one days after service of the notice of violation as provided on such notice. d. The department may postpone the date by which an immediately hazardous violation for cockroaches, mice, or rats shall be corrected upon a showing, made within the time set for correction in the notice, that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of serious technical difficulties, inability to obtain necessary materials, funds or labor, inability to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as may be necessary to make the required repair. Such postponement shall not exceed fourteen days from the date of 9 correction set forth in the notice of violation. The department may require such other conditions as are deemed necessary to correct the violation within the time set for the postponement. §27-2017.5 Removal of asthma triggers in a dwelling unit upon turnover. a. Prior to the reoccupancy of any vacant dwelling unit in a multiple dwelling, the owner shall, within such dwelling unit, remediate all visible mold and pest infestations, and any underlying defects in such dwelling unit, and thoroughly clean and vacuum all carpeting and furniture provided by such owner to incoming occupants, consistent with the work practices set out in subdivision a of section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9. b. The owner shall certify in writing to the incoming tenant or occupant of a unit of a multiple dwelling, in such form as may be promulgated by the department, that the unit is in compliance with subdivision a of this section. §27-2017.6 Department inspections. a. When entering a dwelling unit in a multiple dwelling for the purpose of investigating the existence of any violation of the code, the department shall make diligent efforts to ascertain whether there are cockroaches, mice, rats, or visible mold in the dwelling unit and shall inquire of the occupant whether cockroaches, mice, rats or mold are present in the dwelling unit. When performing such inspection, the department need only inspect those portions of the dwelling unit where furniture or other furnishings do not obstruct the view of a surface, except when there is visible evidence that causes the department to believe that the obstructed surface has visible mold or cockroaches, mice, or rats. b. In any dwelling unit in a multiple dwelling the department shall conduct an inspection pursuant to subdivision a of this section no later than thirty days after the department's receipt of a complaint describing a condition that would constitute a violation under subdivision a of 10 section 27-2017.3 or subdivision b of section 27-2017.4. Where the department attempts to perform an inspection of a dwelling unit within the time period required by this subdivision but is unable to gain access, the department shall provide written notice to the occupant of such dwelling unit that no further attempts at access shall be made unless a new complaint is submitted. c. Where, upon conducting an inspection, the department determines the existence of a condition constituting a violation of this article, the department shall serve a notice of violation within ten additional days of such inspection. d. The pamphlet developed by the department of health and mental hygiene pursuant to section 17-199.7 shall be left at the premises of the dwelling unit at the time of an inspection made by the department pursuant to this section. Such pamphlet shall be delivered by the department in conjunction with all notices of violation issued pursuant to paragraph one of subdivision o of section 27-2115. Failure to include such pamphlet with such notices of violation shall not render null and void the service of such notices of violation. Such pamphlet shall also be made available to any member of the public upon request. e. During the period from October first through May thirty-first, or in the event of disaster, the time for the department to conduct an inspection as provided in subdivision b of this section may be extended if the department resources so require. Notwithstanding any other provision of law, failure by the department or the department of health and mental hygiene to comply with any time period provided in this article or section 27-2115 relating to responsibilities of the department and the department of health and mental hygiene, shall not render null and void any notice of violation issued by the department or the department of health 11 and mental hygiene pursuant to such article or section, and shall not provide a basis for defense or mitigation of an owner's liability for civil penalties for violation of such article. §27-2017.7 Department implementation and enforcement. a. The department shall provide appropriate training for indoor allergen inspection and for supervisory personnel. The department shall provide for the continuing education of inspection and supervisory personnel regarding changes in applicable federal, state, and local laws and guidance documents and require that each such individual has successfully demonstrated knowledge of those materials and the requirements of this article. b. The department, with the approval of the department of health and mental hygiene, shall promulgate a comprehensive written procedure to guide department personnel in implementing and enforcing this article. Such procedures shall include a methodology and a form to be used by department personnel when conducting an inspection to carry out and record an inspection pursuant to section 27-2017.6. c. The department shall promulgate rules for the implementation and enforcement of this article and to effect compliance with all applicable provisions of this article, rules promulgated thereunder, and all applicable city, state or federal laws, rules or regulations. Such rules shall be subject to the approval of the department of health and mental hygiene prior to their promulgation and shall include, but need not be limited to, establishing: 1. Procedures by which an owner may apply to the department to postpone the date by which a violation shall be corrected pursuant to section 27-2017.3 or 27-2017.4; and 12 2. Procedures to implement and to enforce compliance with paragraph 2 of subdivision o of section 27-2115, which shall include, but not be limited to, the requirement that an owner certify to: (a) the correction of a violation of this article, (b) compliance with section 27-2017.8; and (c) compliance with the rules promulgated by the department pursuant to section 27-2017.9. §27- 2017.8 Integrated pest management practices. a. When any premises are subject to infestation by pests, or subject to a violation of subdivision a of section 27-2017.4 where directed by the department, or subject to a violation of subdivision b of section 27-2017.4, the owner shall use integrated pest management measures and eliminate conditions conducive to pests, and comply with following work practices: 1. inspect for, and physically remove pest nests, waste, and other debris by High-Efficiency Particulate Air (HEPA) vacuuming, washing surfaces, or otherwise collecting and discarding such debris; 2. eliminate points of entry and passage for pests by repairing and sealing any holes, gaps or cracks in walls, ceilings, floors, molding, base boards, around pipes and conduits, or around and within cabinets by using sealants, plaster, cement, wood, escutcheon plates, or other durable material. Attach door sweeps to any door leading to a hallway, basement, or outside the building to reduce gaps to no more than one-quarter inch; and 3. eliminate sources of water for pests by repairing drains, faucets, and other plumbing materials that accumulate water or leak. Remove and replace saturated materials in interior walls. 13 4. The use of pesticides shall not substitute for pest management measures described in this section. Any pesticide applied shall be applied by a pest professional licensed by New York state department of environmental conservation (DEC). b. An owner's certification of correction of a pest violation that was issued pursuant to subdivision a of section 27-2017.4 shall, where applicable, include an affidavit affirming that the work practices required pursuant to subdivision a of this section were properly performed. An owner's certification of correction of a pest violation that was issued pursuant to subdivision b of section 27-2017.4 shall include an affidavit affirming that the work practices required pursuant to subdivision a of this section were properly performed. The department may also by rule require additional documentation for certification of correction of a pest violation or a violation of subdivision b of 27-2017.4. §27-2017.9. Work practices. a. The department shall promulgate rules, with the approval of the department of health and mental hygiene, establishing work practices when assessing and correcting indoor mold hazards, and underlying defects including violations cited by the department pursuant to this article. The department shall from time-to-time review and revise such rules based upon, among other things, the latest scientific data and developing federal, state, and local laws and industry standards. b. The work practices promulgated pursuant to subdivision a of this section shall include the requirement that when correcting an indoor mold hazard violation issued pursuant to this article, or when assessing and correcting an indoor mold hazard identified as a result of an inspection by an owner, such owner shall comply with the following work practices: 14 1. investigate and correct any underlying defect, including moisture or leak conditions, that are causing or may cause mold violations; 2. remove or securely cover with plastic sheeting any furniture or other items in the work area that cannot be removed; 3. minimize the dispersion of dust and debris from the work area to other parts of the dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at the point of dust generation; 4. clean mold with soap or detergent and water; 5. remove and discard materials that cannot be cleaned properly; 6. properly remove and discard plastic sheeting, cleaning implements, and contaminated materials in sealed, heavy weight plastic bags; 7. clean any remaining visible dust from the work area using wet cleaning methods or HEPA vacuuming; and 8. leave the work area dry and visibly free from mold, dust, and debris. The work practices shall also include a requirement that when correcting an indoor mold hazard violation issued pursuant to this article, or when assessing or correcting an indoor mold hazard identified as a result of an inspection by an owner, such assessments or work shall be performed in compliance with article 32 of New York state labor law and any rules promulgated thereunder, where applicable. 15 c. An owner's certification of correction of an indoor mold hazard violation issued pursuant to this article shall include an affidavit affirming that the work practices required pursuant to this section were properly performed. The department may also by rule require additional documentation for certification of correction of an indoor mold hazard violation. §27-2017.10 [Department removal of] Violations placed by the department of health and mental hygiene. Where the owner of the dwelling or relevant dwelling unit within such dwelling fails to comply with an order of the department of health and mental hygiene to correct a violation placed by the department of health and mental hygiene pursuant to section 17-199.6, the department of health and mental hygiene shall certify such conditions to the department of housing preservation and development within ten days after the date set for correction in said order. The department of housing preservation and development may take such enforcement action as it deems necessary, including performing or arranging for the performance of work to correct the certified condition. §27-2017.11 Reporting. a. Within four months after the close of the first fiscal year that begins after the effective date of the local law that added this section, and within four months after the close of each fiscal year thereafter, the commissioner shall provide to the council a written report on the department's implementation of this article during the preceding fiscal year. Such report shall include, at a minimum, an analysis of the department's program, a detailed statement of revenue and expenditures and a statistical section designed to provide a detailed explanation of the department's enforcement including, but not limited to, the following: 16 1. The number of complaints for visible mold, indoor mold hazards, and pests in dwelling units, disaggregated by city or non-city ownership of the building which is the subject of the complaint; 2. The number of inspections by the department pursuant to this article, disaggregated by the city or non-city ownership of the building where the inspection occurred; 3. The number of violations issued by the department pursuant to this article; 4. The number of violations issued pursuant to this article that were certified as corrected by the owner, the number of such certifications that did not result in the removal of such violations, and the number of civil actions brought by the department against such owners; 5. The number of jobs performed in which violations issued pursuant to this article were corrected by the department, the total amount spent by the department to correct the conditions that resulted in the violations, and the average amount spent per dwelling unit to correct such conditions; 6. A statistical profile with geographic indexing, such as by community district, council district, and/or zip code, of multiple dwellings in which violations are placed, indicating the ages and general condition of the multiple dwellings and other factors relevant to the prevalence of indoor mold hazards and pests, which may include asthma rates in the relevant community, outstanding violations, and emergency repair charges; and. 7. The number of trainings conducted for owners and building maintenance personnel on the appropriate work methods for controlling and removing indoor allergen hazards in rental housing. 17 b. The department of health and mental hygiene shall annually prepare and publically post on the Environmental and Health Data Portal a statistical profile on asthma rates in the population, including asthma-related hospitalizations and asthma-related emergency department visits, city wide and by neighborhoods, based on the most recently available data. These data shall be utilized by the department to target intervention efforts to reduce the prevalence of asthma allergens. §27-2017.12 Waiver of benefit void. a. No owner may seek to have an occupant of a dwelling unit waive the benefit or protection of any provision of this article. Any agreement by the occupant of a dwelling unit purporting to waive the benefit or protection of any provision of this article is void. Any owner who violates this section, or the rules promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both. In addition, any owner who violates this section shall be liable for a civil penalty of not more than five hundred dollars per violation. b. Notwithstanding any other provision of this article, nothing herein shall be construed to alter existing or future agreements which allocate responsibility for compliance with the provisions of this article between a tenant shareholder and a cooperative corporation or between the owner of a condominium unit and the board of managers of such condominium. c. The provisions of this article, other than section 27-2017.10, shall not apply to a dwelling unit in a multiple dwelling where (i) title to such multiple dwelling is held by a cooperative housing corporation or such dwelling unit is owned as a condominium unit, and (ii) such dwelling unit is occupied by the shareholder of record on the proprietary lease for such dwelling 18 unit or the owner of record of such condominium unit, as is applicable, or the shareholder's or record owner's family. d. The provisions of this article shall not apply to dwelling units owned and operated by the New York city housing authority. §5. Section 27-2115 of the administrative code of the city of New York is amended by adding a new subdivision o to read as follows: (o) (1) Notwithstanding any other provision of law, when the department serves a notice of violation to correct and certify a condition that constitutes a violation of article four of subchapter two of this chapter, the notice of violation shall specify the date by which the violation shall be corrected as provided in such article, and the procedure by which the owner, for good cause shown pursuant to this subdivision, may request a postponement. The notice of violation shall further specify that the violation shall be corrected in accordance with section 27-2017.8 and the rules established pursuant to section 27-2017.9, where applicable. The notice of violation shall be served by personal delivery to a person in charge of the premises or to the person last registered with the department as the owner or agent, or by registered or certified mail, return receipt requested, or by certified mail with proof of delivery, to the person in charge of the premises or to the person last registered with the department as the owner or agent; provided that where a managing agent has registered with the department, such notice of violation shall be served on the managing agent. Service of the notice of violation shall be deemed completed five days from the date of mailing. Notification, in a form to be determined by the department, of the issuance of such violation shall be sent simultaneously by regular mail to the occupant at the dwelling unit that is the subject of such notice of violation. 19 (2) Notwithstanding any other provision of law, the notice of violation shall direct that the correction of each violation cited therein shall be certified to the department. Such certification shall be made in writing or electronically, under oath by the registered owner, a registered officer or director of a corporate owner or by the registered managing agent. Such certification shall include a statement that the violation was corrected in compliance with section 27-2017.8, where applicable, and the rules established pursuant to section 27-2017.9, where applicable. All certifications shall be delivered to the department and acknowledgment of receipt therefore obtained or shall be mailed to the department by certified or registered mail, return receipt requested, no later than five days after the date set for correction, or submitted electronically within five days after the date set for correction, and shall include the date when each violation was corrected. Such certification of correction shall be supported by a sworn statement saying that the violation was properly corrected by the person who performed the work if performed by an employee or agent of the owner. Notification of such certification shall be mailed to the complainant by the department not more than twelve full calendar days from the date of receipt of such certification by the department. Failure to file such certification shall establish a prima facie case that such violation has not been corrected. (3) Whenever the department shall issue a notice of violation to correct a condition that constitutes a hazardous or immediately hazardous violation of subdivision a of section 27-2017.3 the department shall conduct a final inspection to verify that the violation has been corrected. Where the department determines that the violation has not been corrected, the department may take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the violation. 20 (4) Notwithstanding any other provision of law, a person making a false certification of correction of a violation issued pursuant to article four of subchapter two of this chapter, in addition to any other civil penalty, shall be subject to a civil penalty of not less than two thousand dollars nor more than ten thousand dollars for each false certification made, recoverable by the department in a civil action brought in a court of competent jurisdiction. If the person making such false certification is an employee of the owner then such owner shall be responsible for such civil penalty. In addition, any such person making a false certification of correction shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment for up to one year or both. (5) Notwithstanding any other provision of law, and in addition to any penalties applicable under article three of subchapter five of this chapter, a person who violates article four of subchapter two of this chapter by failing to correct such violation in accordance with the work practices in section 27-2017.8 and in the rules established pursuant to section 27-2017.9 shall be subject to a civil penalty of five hundred dollars per day for each violation to a maximum of ten thousand dollars from the initial date set for correction in the notice of violation until the date the violation is corrected and certified to the department. There shall be a presumption that the condition constituting a violation continues after the service of the notice of violation. The owner shall be responsible for the correction of all violations noticed pursuant to article four of subchapter two of this chapter, but in an action for civil penalties pursuant to this subdivision may in defense or mitigation of such owner's liability for civil penalties show: (i) That the condition which constitutes the violation did not exist at the time the violation was placed; or 21 (ii) That he or she began to correct the condition which constitutes the violation promptly upon discovering it but that full correction could not be completed expeditiously because of serious technical difficulties, inability to obtain necessary materials, funds or labor; (iii) That he or she was unable to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as might be necessary to make the repair, provided that a postponement was granted pursuant to this subdivision; or (iv) That he or she was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefore; or (v) That the violation giving rise to the action was caused by the act of negligence, neglect or abuse of another not in the employ or subject to the direction of the owner, except that the owner shall be precluded from showing in defense or mitigation of such owner's liability for civil penalties evidence of any acts occurring, undertaken, or performed by any predecessor in title prior to the owner taking control of the premises. Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require. If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violations, but may condition such remission upon a correction of the violation within a time period fixed by the court. (6) Notwithstanding any other provision of law, failure by the department to comply with any time period provided in this section relating to responsibilities of the department shall not render null and void any notice of violation issued by the department or the department of health and 22 mental hygiene pursuant to such article or section, and shall not provide a basis for defense or mitigation of an owner's liability for civil penalties for violation of such article §6. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding new sections 17-199.5, 17-199.6, 17-199.7 and 17-199.8 to read as follows: §17-199.5 Encouragement of physician referrals for indoor allergen hazards. a. The department shall report to the council no later than 18 months from the effective date on activities it has undertaken to educate physicians and other health care providers who treat persons with asthma about the role of indoor allergens in asthma exacerbation and the availability of inspections for asthma triggers in their patients’ primary residence by the department and the department of housing preservation and development, and on any mechanism they have to refer to the department or the department of housing preservation and development, with consent, the contact information for patients who report these conditions in their primary residence. The report shall describe what was done following such referrals, and what the outcomes were of any that were made and received during this period. §17-199.6 Investigations of indoor allergen hazards in dwellings of persons with medically diagnosed moderate persistent or severe persistent asthma. a. The department shall establish procedures to permit doctors, nurses, or other health professionals, upon the consent of their patients, to request a department investigation of possible indoor allergen hazards in dwellings where persons reside who have been medically diagnosed with moderate persistent or severe persistent asthma. Such procedures shall provide for the referral to the department of housing preservation and development of such requests that would be subject to section 27-2017.6. The procedures shall also provide for an investigation to be made when the department is notified 23 that a person who has been medically diagnosed with moderate persistent or severe persistent asthma is residing in a dwelling with possible indoor allergen hazards not otherwise subject to enforcement by the department of housing preservation and development under section 27-2017.6. Such indoor allergen hazards include, but are not limited to, mold that is not readily observable to the eye, including mold that is hidden within wall cavities, construction dust or such other conditions as the department shall from time-to-time determine by rule are indoor allergen hazards. b. In the event that the department determines that an indoor allergen hazard exists, the department shall order the owner to correct the condition and the underlying causes of such a condition within twenty-one days, in a manner and under such safety conditions as it may specify, including the integrated pest management practices in section 27-2017.8 and the work practices established pursuant to section 27-2017.9. c. In the event that the department determines that the owner or other person having the duty or liability to comply with an order issued pursuant to this section fails to substantially comply therewith within twenty-one days after service thereof, the department shall, in accordance with section 27-2017.10, refer such order to the department of housing preservation and development. The department of housing preservation and development shall take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the certified condition. d. The department shall report to the council and mayor no later than 24 months from the effective date on activities it has undertaken under this section as they relate to adults with asthma diagnoses, including but not limited to the number adult asthma referrals by type to the 24 department for inspection, the number and types of orders issued to property owners by the department as a result of adult asthma referrals, and the number of apartments that have completed remediation for indoor asthma allergens as a result of adult asthma referrals. Upon submission of such report the agency may submit a recommendation to the council containing a proposed redefinition of “persons with medically diagnosed moderate persistent or severe persistent asthma” for the purposes of the provision of this article. §17-199.7 Education about indoor allergen hazards. The department shall develop a pamphlet which shall be in English and in the covered languages set forth in section 8-1002, explaining the hazards associated with indoor allergens and describing tenant rights and owner responsibilities under this law, including safe work practices and mechanisms through which the public may report indoor allergen hazards in the home. Such pamphlet shall be made available in accordance with section 27-2017.6. Such pamphlet shall also be made available to any member of the public upon request. The department shall also develop a training curriculum for educating owners and building maintenance personnel on the appropriate work methods for controlling and removing indoor allergen hazards in rental housing, including integrated pest management. Such training curriculum shall also be made available to any member of the public upon request. §17-199.8 Inspection by the department of unsafe work practices for indoor allergen remediation. The department shall respond to complaints of unsafe work practices related to the correction of indoor mold hazard violations that result in chemical vapors, dust, or other environmental hazards, and promptly refer complaints of unsafe pest control to the New York state department of environmental conservation. 25 §7. This local law shall take effect one year after its enactment, except that the commissioners of health and mental hygiene and housing preservation and development may take such measures as are necessary for its implementation, including the promulgation of rules, before such effective date. THE CITY OF NEW YORK, OFFICE OF THE CITY CLERK, s.s.: I hereby certify that the foregoing is a true copy of a local law of The City of New York, passed by the Council on December 19, 2017 and returned unsigned by the Mayor on January 22, 2018. MICHAEL M. McSWEENEY, City Clerk, Clerk of the Council. CERTIFICATION OF CORPORATION COUNSEL I hereby certify that the form of the enclosed local law (Local Law No. 55 of 2018, Council Int. No. 385-C of 2014) to be filed with the Secretary of State contains the correct text of the local law passed by the New York City Council, presented to the Mayor and neither approved nor disapproved within thirty days thereafter. STEVEN LOUIS, Acting Corporation Counsel.

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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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Monday, January 29, 2024

Warranty of Habitability and Local Law 55 of 2018

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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.

Total Pageviews

Monday, January 29, 2024

Warranty of Habitability and Local Law 55 of 2018

No comments:

Post a Comment

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