Thursday, April 23, 2015

Section 8 Inspection Standards

The following are the Inspection Standards used by Section 8. Several tenants have asked questions about passing/failing inspections, and I've finally turned this document up on an old flash drive. If the formatting looks a little lumpy, it's because the original document is a PDF, and I had to cut & paste it into the blog.

If you don't pass an inspection, you're entitled to a grievance hearing (like asking for a fair hearing with public assistance) and an opportunity to schedule another inspection.

INSPECTION STANDARDS FOR YOUR INFORMATION

All rental units subsidized under the Section 8 program must be inspected and meet Housing Quality Standards ( HQS) and applicable state and local standards. HQS are specific physical standards established by HUD to ensure that Section 8 apartments start off and remain decent, safe and sanitary. The following summary is intended to help landlords prepare units for inspections, and does not cover every aspect of the applicable standards.

GENERAL REQUIREMENTS

The unit must include a living room, kitchen, bathroom and one living/sleeping room for every two family members regardless of age.

Ceilings and walls must be in good condition, with no large cracks, holes, peeling or chipping paint or loose plaster.

Floors must be in good condition. The floor covering must not be curling or have loose edges or holes.

Windows, including sills, frames and sashes must be in good operating condition and must open and close. There can be no broken, cracked or missing windowpanes. Windows must have permanently attached and adequate locks. Window guards are also required in windows in public hallways.

Window guards for children under 11 years old must be securely installed in all building types including non-regulated 1-5 family dwelling units.

All rooms must have either two working outlets or one working outlet and an overhead light or light fixture. All outlets, switches and electrical boxes must have covers with no exposed or fraying wires. All electrical splices must be properly contained in junction boxes with covers.

BUILDING INTERIOR AND EXTERIOR

The apartment number must be the same number that was registered by the landlord and posted on the front entrance door.

The building address must be clearly marked on the front entrance.

The entrance door must have a working lock.

The building must have working mailboxes.

The building must be decent, safe, sanitary and free of roach or rodent infestation.

All interior and exterior stairs and rails must be hazard free. Porches must be hazard free, also.

The building must be free from high levels of air pollution caused from vehicular exhaust, sewer/fuel gas, dust and /or other pollutants.

Exterior surfaces accessible to children under 6 years old must be free of any cracked or loose peeling paint and adequately covered to prevent exposure to lead paint.

There shall be no blocked fire exits from the building.

Elevators must be working and have current inspection certificates.

KITCHEN

All stove burners must work. If the stove is equipped with a pilot light, the pilot light must light the burners. The oven must work and its door must close tightly. All parts must be functional.

The refrigerator door gasket must be attached to the door, forming a proper seal.

FYI

NYC Housing Authority

Leased Housing Department FYI

NYC Housing Authority

Leased Housing Department

The sink must have hot and cold running water and a drain with a trap. The sink must be properly hooked to a sewer line. Neither the faucet nor the sink can leak or drip.

There must be adequate food preparation and storage areas, with adequate means to dispose of food wastes.

BATHROOM

There must be a private flush toilet fastened tightly to the floor.

The bathroom sink must meet the same criteria as the kitchen sink.

There must be a bathtub or shower.

There must be adequate ventilation either from an operable window or an exhaust fan or vent.

There can be no rotten or weak areas in the floor, nor any water damage.

BEDROOMS

Each bedroom must have at least one window and must open and be large enough to use as an emergency exit.

There must be a door, which can be closed.

Each bedroom must measure at least 80 square feet.

HEATING

There must be a heating system capable of heating the unit to a comfortable temperature. Furnaces must be serviced every two years and tested at the initial inspection.

SITE HAZARDS

There can be no hazards on the site, such as dilapidated structures, trash, debris, unlicensed vehicles, non-maintained vegetation or wild animals.

SMOKE DETECTORS

Smoke detectors must work.

There must be at least one battery-operated or hard-wired smoke detector in proper working condition on each floor of the rental unit.

There must be an alarm system with lights in each bedroom occupied by a hearing- impaired person.

CARBON MONOXIDE DETECTORS

A battery-operated or hard-wired carbon monoxide detector is required in every apartment. Installation should be within 15 feet of the primary entrance of each bedroom or room used for sleeping.

LEAD-BASED PAINT

Units built before 1978 and occupied by any child under age 7 cannot have any substantial chipping or peeling paint, either on the interior or exterior. Any such conditions must be treated as potential lead-based hazards. In any other units, any substantial chipping or peeling paint (interior or exterior), must also be avoided but will not be treated as potential lead hazards.

MOST COMMON CAUSES OF FAILED INSPECTIONS

Ceilings: - damaged/cracked-severe - buckling/bulging-severe

- chipping/peeling/blistering-severe

Windows: - one or more do not stay up - cracked/broken/missing-severe

Floor tiles: loose or missing

Mouse droppings or roach infestation

Walls: - damaged/cracked-severe

- hole(s) in wall: large FYI

NYC Housing Authority

Leased Housing Department

Wednesday, April 22, 2015

Why all the info about FEGS?

I've been posting periodic updates on the FEGS bankruptcy issue because so many of Kenmore Hall's tenants had their time wasted at their downtown offices. FEGS was a worthless operation, often described by clients as "babysitting for adults" - it was a requirement for many welfare recipients, and not participating often constituted non-compliance and resulted in interruptions in benefits. I've heard SO MANY stories from friends and neighbors about getting FTC'd by FEGS (failure to comply) even when they were sitting in the classrooms or participating in their WEP assignments - and then having to go through mediation at Waverly or request a fair hearing to straighten out mistakes that FEGS had made. The time spent in classrooms there was mind-numbingly boring; they didn't teach anything worthwhile at all, and it was a challenge to get access to the computers on site to search for work or related benefits.

Frequently, the WEP assignments they gave clients were totally inappropriate for their health conditions or disabilities (I was given several cleaning jobs that required use of harsh chemicals while suffering from severe atopic dermatitis that covered most of my body, and in other cases was assigned to jobs that didn't accommodate my COPD - and this was standard practice at FEGS). I'm bringing this up because FEGS was designed to specifically address work-related issues for disabled / health-challenged clients, and even when you're a public assistance recipient, you're entitled to workplace accommodations. You can look them up at the Job Accommodation Network at https://askjan.org. I don't know anyone who actually got a real job through FEGS. I don't have an issue with going back to work: life on welfare SUCKS, and it's demoralizing - but it should be appropriate work that isn't insultingly low-paid or actually bad for participants' health. (By the way, who remembers the bedbug infestation at their downtown offices a few summers ago? OSHA shut them down for a while to exterminate, but not before a bunch of people got nasty bites).

They were receiving something like $250,000,000 in government funding, and ended up close to $20,000,000 in debt; what a ridiculous waste of money, especially if you look at what they were spending money on (the usual: high salaries for staff, facilities, etc.). Just wonderin' what's going to replace it. And if the government agencies that fund organizations like FEGS aren't paying attention until it's too late, what would you like to bet nobody's really accountable when it comes to certain supportive housing providers?

This is a partial explanation of what went wrong at FEGS

Capital New York

Bankruptcy filings detail FEGS descent

By Nidhi Prakash 7:24 p.m. | Mar. 18, 2015 1 follow this reporter

Hundreds of pages of documents filed today in federal bankruptcy court paint the clearest picture yet of what went wrong at FEGS, the multi-million dollar New York social service agency that shocked the nonprofit community when it announced its collapse in January.

The bankruptcy filing by the Federation Employment and Guidance Service lists some of the institutions likely first in line for debt payments from FEGS, and include an affidavit from current C.E.O. Kristin Woodlock offering an explanation of how the nonprofit arrived in bankruptcy court this morning.

The filings include the text of a FEGS board resolution, which was signed on March 11 this year by the board's 29 members to file for bankruptcy. The document also shows that the leadership sought advice from financial consultants in early December 2014 about pursuing bankruptcy, weeks before the Daily Forward first reported FEGS' surprise $19 million funding shortfall, and months before the charity announced it would cease operations.

Woodlock's affidavit reveals an agency that made significant mistakes. Among them, creating for-profit subsidiaries that failed to thrive and required subsidies, expanding government contracts for programs that didn't generate enough revenue to cover their operational expenses, and borrowing heavily to pay for building leases and new equipment without a solid plan to pay back the debt.

"An outdated financial management system led to delays and considerable losses in billing and cash collections, causing a further drain on available cash and also compromised management's ability to make responsive business decisions in a timely manner," wrote FEGS C.E.O. Kristin Woodlock in her affidavit.

Woodlock cited the generally challenging climate for nonprofits, decreases in revenue and increases in operating costs, and an over-emphasis on growth, without due consideration of whether new contracts were viable.

She also pointed to an "overly prohibitive administrative cost structure which was significantly more than target industry standards, coupled with the inability to keep pace with the growing organizational complexities of the organization as a whole."

FEGS' salaries for its top executives increased even as program revenue declined in recent years. And the charity's for-profit subsidiaries—particularly AllSector, HR Dynamics and Single Point, which have come under scrutiny since the announcement of FEGS' troubles in January—were established in an effort to generate income, Woodlock said. But in practice, they did not attract third-party clients and ended up being funded largely through work for their parent company.

"As a result, instead of its administrative costs subsequently being reduced, FEGS was forced to fund these affiliates' cash requirements and losses," wrote Woodlock.

The charity's debts are substantial, the filing shows.

FEGS owes its single largest creditor, The Dormitory Authority of the State of New York (DASNY), a total of $12.25 million for tens of millions of dollars in loans it received to build new housing facilities for the agency's clients. This is in line with financial documents from mid-2014 which showed the nonprofit owed DASNY for the principal on its mounting debts.

In terms of secure loans, wherein there is collateral to guarantee repayment, Bank of America is owed $4.69 million, JPMorgan Chase $4.04 million, the New York City Industrial Development Agency is owed $2.92 million and the state Office of Mental Health is owed $1.04 million.

The filings also include a lengthy list of unsecured claims, where there is no guarantee that they will ever be payed out.

Among the top 20 creditors with unsecured claims—all listed as disputed in the filing—Oxford Health Plans, owed $4.2 million for a trade debt, the state Office of Mental Health, owed $2.34 million in loans, the F.O.J.P. Service Corp., owed $1.34 million for a trade debt, and the Bronx Lebanon Hospital Center, owed $665,000 also for a trade debt. The list also includes the nonprofit's former auditors, Loeb & Troper, who are owed $236,000, and the Department of Housing and Urban Development, owed $137,000.

The filings show FEGS has contracted a new auditor, Crowe Horwath, to replace the firm Loeb & Troper, which some nonprofit experts have criticized for not performing a thorough audit on FEGS and its subsidiaries last year.

Additionally, FEGS has been working with restructuring firm J.L. Consulting to evaluate its expenses and streamline its operations before filing for bankruptcy, and proposes to keep them on as a consultant through the bankruptcy process.

"General operational and administrative inefficiencies also pervaded the debtor's program," wrote Woodlock in her affidavit.

The filings include close to 100 pages of real estate listings owned and leased by FEGS, many of which had become unnecessary but which were governed by costly leases that were difficult or impossible for the charity to break.

"The Debtor [FEGS] was also overburdened by multiple space obligations which substantially exceeded the Debtor's physical needs and financial capabilities, leading to significant un-reimbursable costs as a result of the unallocated and vacant space," said Woodlock in her affidavit.

FEGS has requested a 30-day extension to file the required schedules and statements. If granted, they would have until May 2 to submit those to the court.

“The state remains committed to ensuring the continuity of care for all individuals served by FEGS," said a spokesperson on behalf of both the state Office for People With Developmental Disabilities and the Office of Mental Health, in a statement. "We are aware of today’s bankruptcy filing and we will continue to work with all affected parties and the court to ensure that the transition of services best meets the needs of the individuals currently receiving critical services from FEGS and the people who support them."

Re: FEGS - understatement of the year...

from the New York State Office of Mental Health...
February 20, 2015

TRANSITION PLAN FOR FEGS BEHAVIORAL HEALTH SERVICES

The Federation of Employment and Guidance Services (FEGS), a large behavioral
health services provider in New York City and Long Island, is currently facing significant
financial challenges. As a result, FEGS is transitioning its programs to other providers,
including the behavioral health programs licensed or funded by the New York State
Office of Mental Health (OMH).

OMH has been working very closely with FEGS to develop a transition plan to
safeguard FEGS recipients’ health and safety and to preserve the therapeutic
relationships between clients and care-givers. OMH has determined that the safest,
least disruptive way to achieve this transition is for one provider to replace FEGS in the
operation of all of its OMH licensed or funded programs.

OMH conducted a thorough selection process, first identifying those providers operating
a similar array of programs within FEGS’ service area. These organizations were then
evaluated with respect to the quality of their existing programs and their fiscal health
and capacity. After a thorough review, OMH selected the Jewish Board of Family and
Children’s Services (JBFCS) to assume responsibility for the OMH licensed or funded
programs and services currently being operated by FEGS in New York City and has
begun the process of finalizing this agreement. JBFCS will also assume temporary
responsibility for programs and services that FEGS provided on Long Island.

In addition, the NYS Department of Health is reviewing a proposal from Hudson River
Health Care (HRHC) to assume the role of lead Health Home in Nassau and Suffolk
counties. We will continue to work closely with the counties on DOH’s Health Home
care management on Long Island.

The State, FEGS, JBFCS, and HRHC are all working towards developing a cooperative
plan to ensure the safety, well-being, and continuity of care for those individuals
receiving services from FEGS’ OMH licensed or funded programs during this transition.

Saturday, April 18, 2015

Are any tenants interested in doing a teach-in about tenants rights, or getting a speaker/advocate from another organization to come answer questions?

Want to set up a discussion group about the changes that have occurred in the building over the past year or two?

The goal is to find SOLUTIONS to problems, not just re-hash the same old, same old. Venting and complaining is just a small part of the process - it's a start, but it doesn't really get the job done as far as finding solutions that work.

Use the comment section below to respond and "vote" for doing this.

Friday, April 17, 2015

Fwd: Real Rent Reform April Meeting

---------- Forwarded message ----------
From: Real Rent Reform <organizing@realrentreform.org>
Date: Fri, Apr 17, 2015 at 2:37 PM
Subject: Real Rent Reform April Meeting
To: emilyholiday@gmail.com

Real Rent Reform April Meeting

The rent laws are expiring in only two months and the campaign to renew and STRENGTHEN the rent laws is intensifying.

Please join Cooper Square Committee and the Real Rent Reform coalition to discuss our campaign and find our what you need to do to help us protect rent regulation.

The "HOWL! Happening" Theater

6 East 1st Street
New York, NY 10003

Tuesday, April 21, 2015
6:30 PM to 8:00 PM

FREE, RSVP RECOMMENDED - CLICK HERE

40% of the Lower East Side relies on rent stabilization for affordable housing. The real estate industry is consistently lobbying to dismantle the rent laws that protect so much the critical affordable housing here in the Lower East Side and other parts of the city. They need weak laws to make big profits.Tenants need strong laws to keep their homes.

In June we will see an intense standoff between tenants in the real estate industry as the state legislature votes to strengthen or weaken the laws. Join us for information on how you can participate in the campaign to strengthen and renew the rent stabilization laws. We need every tenant to be a part of this battle!

The Real Rent Reform campaign is a coalition of tenant, community, and labor groups fighting for stronger rent protections.

Visit us on the web at www.realrentreform.org

Click here to stop receiving our emails.

339 Lafayette Street #301
New York, NY 10012
United States

Click here to stop receiving our emails.

339 Lafayette Street #301
New York, NY 10012
United States

"Never underestimate the power of a small, dedicated group of people to change the world; indeed, that is the only thing that ever has." - Margaret Mead

Thursday, April 16, 2015

Hmmm, what's missing from the lobby? Oh yeah - the furniture! Front desk staff have a new duty to perform every evening: stashing the furniture behind a locked door in the computer lab.

This is the ultra-creative way H.S.I. has figured out how to deal with one problem tenant who camped out in a chair facing the mail room most nights for several years, getting massively drunk, going on racist and violent rants against other tenants who had to pass by to enter and leave the building, cursing out the front desk staff, complaining about how he felt "trapped like a rat in a hole" in his room, and then passing out in the chair for the rest of the night.

Now we don't have to deal with Butch Taylor's raving drunkenness every night. BUT - here's the thing: for years, the lobby was usually a relatively quiet place, and other tenants were able to sit there at any time of day or night without a problem (regardless of what staff may tell you, there was never a curfew on the lobby until 2014). A few tenants would read there late at night it they were having trouble sleeping; others might come downstairs late nights if they weren't feeling well because it was easier to meet an ambulance there if they felt they needed one. Other tenants could sit and socialize with each other, talking or playing Scrabble. Having free access to the lobby made the building feel a little friendlier, and there was an alternative to being stuck in the tiny rooms upstairs, especially during bad weather (there just aren't a lot of other places to go late at night in the neighborhood unless you want to hang out in a bar, or at McDonald's, or one of the two expensive diners in the immediate neighborhood - and those are only solutions if you have money to spend). Now, if tenants are expecting guests in the evening, the guests have to stand until the tenant comes downstairs to get them.

If you want a sample of what Butch sounded like on an average rant, there's an audio clip in the sidebar to the right titled "Butch Flips Out". Scroll down until you hit the picture of a troll doll, and then click on the arrow in the picture. It's just a short sound-bite, but fairly typical of how he sounded when he was getting warmed up - it usually got MUCH worse, fairly quickly, and the verbal abuse was usually accompanied by flailing arms and lots of spit.

Does it make sense to punish EVERYONE just because one person is making things unbearable? Not in a normal universe - but here on Planet Kenmore, it's just another example of management's creative problem solving.

Building Construction: Permits? What's That?

I think we've all seen the memos about upcoming construction. What's REALLY interesting about this, though, is that there are no new permits posted in the building that refer to current work being done, and if you check the website for the Department of Buildings for our building, there aren't any new permits listed there either. Lots of OLD permits (that are now expired) are listed, though...
And there are plenty of violations posted there too. Hey, H.S.I., why can't you get your sh*t together? Does everything you do have to be substandard? If you're genuinely interested in providing supportive housing, could you at least start with respecting the health and quality of life of your tenants?

Some basic questions about THIS batch of construction (anyone that was living in the building in 2009 should remember how horrible the last batch of construction was):

How noisy will the construction be? The last batch was HORRIBLE - loud, going on all day long, unbearable
Will the workmen be using more than one elevator all day long, making the waits for elevators even more impossible than they already are? (If you want to report elevator problems, by the way, the Department of Buildings is that place to go)
Will there be clouds of dust and grit falling from a great height and getting into everyone's rooms, making it difficult to breathe (hello, some of us have chronic lung problems - I had pneumonia for several months the first summer I lived here, and coincidentally, my room was filled with dust and grit from the construction work - it also clogged up a brand new air conditioner so it wouldn't work right) The workmen are supposed to tent the areas they're working on to contain the crap flying off the building
Tenants' windows were broken last time around because the workment were careless. Do we need to have this happen again?

Tuesday, April 14, 2015

Homeless Dept. Bought $429 Chairs and $3K TVs While Shelters Crumbled

http://dnain.fo/1aJ8yEN#.VSysIpYNzLM.gmail

Friday, April 10, 2015

MAP: Where You'll Find the Dwindling Affordable Apts in Lower Manhattan

http://dnain.fo/1aQDS5f#.VSf4aDbpzX4.gmail

Wednesday, April 1, 2015

Kenmore Tenants In The News

I noticed an article in the Sunday, March 29 2015 New York Post by Kathianne Boniello. Kenmore Hall tenants make it into the local news!

'Satanic MTA Out To Kill!'

Train Kook's Claim

By Kathianne Boniello

It's the D train as in devil.

A train operator of 14 years has filed a lawsuit against the MTA alleging it engaged in "satanic terroristic criminality" by sending bosses to "terrorize" and "assault" him.

Brian Burke, 53, who was demoted last year to station agent trainee, claims in the suit that the MTA intended to "endanger every soul on the train and on the track" in April 2014 when its inspectors entered his train to see whether he was wearing corrective lenses.

The Manhattan man, who filed the suit in Brooklyn federal court last week without a lawyer, has railed against his bosses before.

He has filed suits and claims against the MTA and Census Bureau, arguing they discriminated against him because he is white, Irish Catholic, and "photophobic", or sensitive to light.

In the latest suit, he says the MTA is trying to kill him, in part, because he griped when ordered not to wear baseball caps and to clean moldy food from a break-room refrigerator.

"I believe I may be in mortal danger," Burke writes, likening himself to the Rev. Al Sharpton, who claimed to be an FBI informant against the mob.

"Rev. Sharpton was accused of 'ratting out the mob' and I maybe (sic) justly accused of 'ratting out the MTA.' I believe the MTA may be more dangerous. There is (sic) 600 volts, high structure, 600-ton trains and an infinite way to be murdered or 'suicided'.

Transit sources say his previous wacky claims have been shot down by courts or the Public Employee Relations Board. The board rejected his claim that he was assaulted by a boss in 2007.

Burke had refused to remove his tinted glasses at a 2014 PERB hearing, prompting supervisors to check on him last April, a source said.

He was making $70,000 a year as an operator, but when he failed in his bid to get worker's comp for the April "assault", the MTA gave him a choice - quit or get off the gravy train, a source said.

Burke is now training to be a station agent, a job with an annual salary of $54,000.

He has called the MTA "The Invisible Empire" and compared it to the KKK.

He tried suing the Census after it laid him off in 2000, but a court tossed the case.

Burke's latest suit seeks back pay and unspecified damages.

Friday, March 20, 2015

transit fare increases

Friday, March 20, 2015

THANK YOU, MTA, FOR STICKING IT TO POOR PEOPLE CITY WIDE!

This weekend, transit fares will go up a quarter to $2.75.

They claim that the fare hike is necessary in order to maintain the financial health of the MTA. (And what does that do for MY financial health?)

And they wonder why people try to beat fares... (not that I'm advocating fare beating... just sayin')

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More useful resources for tenants and low-income people

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

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

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

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

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

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

How Do I Get Access to My Clinical Records?

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

What To Do If HSI Takes Your Property

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

GET INVOLVED!!

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

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

GET RID OF MOLD!

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

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

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

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

ABOUT REPAIRS - from the HPD website

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

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

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

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

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

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

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

How to Report an Apartment Maintenance Problem

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

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

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

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

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

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

Legal Resources for Tenants

LEGAL (AND OTHER) RESOURCES FOR LOW-INCOME TENANTS

Metropolitan Council on Housing

339 Lafayette Street

NYC NY 10012

Phone: 212-979-0611

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

The Westside S.R.O. Law Project

51 West 109th Street

NYC NY 10025

Phone: 212-799-9638

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

MFY Legal Services

299 Broadway, 4th Floor

NYC NY 10007

Phone: 212-417-3700

Fax: 212-417-3890

www.mfy.org

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

New York City Commission on Human Rights

212-306-7450

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

New York State Division of Human Rights

888-392-3644

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

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

Community Access

(Building homes, hopes and futures)

666 Broadway, 3rd Floor

New York NY 10012

Phone: 212-780-1400

Fax: 212-780-1412

www.communityaccess.org

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

Lawhelp: www.lawhelp.org

• Referrals to other providers of free legal resources

New York City Council

www.council.nyc.gov

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

U.S. Department of Housing & Urban Development

800-669-9777

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

Office of the Attorney General

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

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

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

Kenmore Hall Tenants Association

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Housing Law

CHAPTER 2
HOUSING MAINTENANCE CODE
[table of contents]

SUBCHAPTER 1
GENERAL PROVISIONS

ARTICLE 1
General Provisions

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

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

Sec. [D26-1.05] 27-2003 Applicability

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

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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