Sunday, August 19, 2018

current stop work order

NYC Department of Buildings

DOB Violation Display for 020618PLONMCJ02

Premises: 143 EAST 23 STREET MANHATTAN

BIN: 1018044 Block: 879 Lot: 27


Issue Date:	02/06/2018	Violation Category:
Violation Type:	CN - CONSTRUCTION
Violation Number:	020618PLONMCJ02	Device No.:	1018044
ECB No.:	35255131M (refer to for further details)
Description:

If you have any questions please review these Frequently Asked Questions, the Glossary, or call the 311 Citizen Service Center by dialing 311 or (212) NEW YORK outside of New York City.

BIS Menu | Viol Details

NYC Department of Buildings

ECB Query By Location

Page: 1 of 3
Premises: 143 EAST 23 STREET MANHATTAN		BIN: 1018044 Block: 879 Lot: 27 CB: 106

Dept. of Buildings Violations & Compliance

Total Issued = 105 Open (Non-Compliance) = 1

ECB Hearings

Completed / Defaulted = 104 Pending = 1


ECB Number	Dept. of Buildings Violation Status	Respondent	ECB Hearing Status	Viol Date	Infraction Codes	ECB Penalty Due
35324581X	OPEN - NO COMPLIANCE RECORDED	ROBINSON AQUDELO R 6082	PENDING	08/02/2018	282	$0.00
	Severity: CLASS - 2	Inspect Unit: SCAFFOLD SAFETY TEAM		Viol Type: CONSTRUCTION

38038682R	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	11/03/1993	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38039804K	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	01/03/1994	B8H	$0.00
	Severity: HAZARDOUS			Viol Type: ELEVATOR

38015821X	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	09/05/1991	B8H	$0.00
	Severity: HAZARDOUS			Viol Type: ELEVATOR

38028948X	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	09/29/1992	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38034038H	RESOLVED - CURE ACCEPTED	TRUONG, TRAN DINH	CURED/IN-VIO	05/28/1993	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38034039J	RESOLVED - CURE ACCEPTED	TRUONG TRAN DINH	CURED/IN-VIO	05/28/1993	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38005563N	RESOLVED - CERTIFICATE ACCEPTED	TRUNG,TRAU DFAH	WRITTEN OFF	01/04/1991	B8H	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38005564P	RESOLVED - CERTIFICATE ACCEPTED	TRUNG,TRDEN DFAH	WRITTEN OFF	01/04/1991	B8H	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38005565R	RESOLVED - CERTIFICATE ACCEPTED	TRUNG,TRAN DRAH	WRITTEN OFF	01/04/1991	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38039803Z	RESOLVED - N/A - DISMISSED	JUDE HOTEL CORP	DISMISSED	12/30/1993	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

34104552X	RESOLVED - CURE ACCEPTED	LA SANTA HEALTY CLUB I	CURED/IN-VIO	12/29/1993	B04	$0.00
	Severity: NON-HAZARDOUS			Viol Type: CONSTRUCTION

38021827H	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	WRITTEN OFF	02/24/1992	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38022951J	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP.	WRITTEN OFF	02/24/1992	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38022952L	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	WRITTEN OFF	02/24/1992	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38042738Z	RESOLVED - N/A - DISMISSED	WIEN MALKIN BETTEX SEC	DISMISSED	06/06/1994	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38055602M	RESOLVED - N/A - DISMISSED	P & L MGMT CONSULTING	DISMISSED	07/08/1996	BP7	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38042739K	RESOLVED - N/A - DISMISSED	WIEN MALKIN BETTEX SEC	DISMISSED	06/06/1994	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38042740H	RESOLVED - N/A - DISMISSED	WIEN MALKIN BETTER SEC	DISMISSED	06/06/1994	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38042741J	RESOLVED - N/A - DISMISSED	WIEN MAKLIN BETTEX SEC	DISMISSED	06/06/1994	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38038695X	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	WRITTEN OFF	11/22/1993	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38043806X	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	WRITTEN OFF	06/06/1994	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38043807H	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	WRITTEN OFF	06/06/1994	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38055570R	RESOLVED - CERTIFICATE ACCEPTED	P & L MGMT + CONSULTIN	WRITTEN OFF	05/06/1996	BP7	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38059106L	RESOLVED - CERTIFICATE ACCEPTED	KENMORE ASSOCIATES, L.	WRITTEN OFF	04/19/1997	BP8	$0.00
	Severity: HAZARDOUS			Viol Type: ELEVATOR

38059107N	RESOLVED - CERTIFICATE ACCEPTED	KENMORE ASSOCIATES L.P	WRITTEN OFF	04/19/1997	BP7, B8F	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38059108P	RESOLVED - CERTIFICATE ACCEPTED	KENMORE ASSOCIATES, L.	WRITTEN OFF	04/19/1997	BP7, B8F	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38059109R	RESOLVED - CERTIFICATE ACCEPTED	KENMORE ASSOCIATES L.P	WRITTEN OFF	04/19/1997	BP7	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

34132438K	RESOLVED - N/A - DISMISSED	ESQUIRE MANAGMENT CORP	DISMISSED	11/03/1995	B04	$0.00
	Severity: NON-HAZARDOUS			Viol Type: CONSTRUCTION

38052508M	RESOLVED - N/A - DISMISSED	ESQUIRE MANAGEMENT COR	DISMISSED	10/30/1995	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38052509Y	RESOLVED - N/A - DISMISSED	ESQUIRE MANAGEMENT COR	DISMISSED	10/30/1995	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38052510L	RESOLVED - N/A - DISMISSED	ESQUIRE MANAGEMENT COR	DISMISSED	10/30/1995	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38052511N	RESOLVED - N/A - DISMISSED	ESQUIRE MANAGEMENT COR	DISMISSED	10/30/1995	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38057346L	RESOLVED - N/A - DISMISSED	DEANDREIS GIUSEPPE ASS	DISMISSED	09/25/1996	BP7	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

34815101H	RESOLVED - CERTIFICATE ACCEPTED	ALLY & NOR CONTRACTING IN R 5930	DEFAULT	11/27/2009	261	$0.00
	Severity: CLASS - 2	Inspect Unit: SCAFFOLD SAFETY TEAM		Viol Type: CRANES & DERRICKS

38004553P	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	02/14/1991	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38004554R	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	02/14/1991	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38004555Z	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	02/14/1991	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38004556K	RESOLVED - CERTIFICATE ACCEPTED	TUDO HOTEL CORP	IN VIOLATION	02/14/1991	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38021828J	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP.	IN VIOLATION	02/24/1992	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38028947Y	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	09/29/1992	B8G, B8F	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38038681P	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	11/03/1993	B8G	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

38028949H	RESOLVED - CERTIFICATE ACCEPTED	JUDE HOTEL CORP	IN VIOLATION	09/29/1992	B8F	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

34130840J	RESOLVED - N/A - DISMISSED	ESQUIRE MANNGEMENT COR	DISMISSED	09/20/1995	B07	$0.00
	Severity: NON-HAZARDOUS			Viol Type: CONSTRUCTION

38124473L	RESOLVED - CURE ACCEPTED	OAKS LARRY HOUSING & S	CURED/IN-VIO	08/01/2002	BP7	$0.00
	Severity: NON-HAZARDOUS			Viol Type: ELEVATOR

Compliance Status (Open/Resolved) relates to whether a violation has been corrected/uncorrected. Dismissed violations do not require filing a Certificate of Correction.

ECB Hearing Status and the ECB Penalty Due are separate from Compliance Status (i.e. a penalty is still due in many cases even when the violating condition has been fixed).

Severity Class
Class 1 - Immediately Hazardous	HAZ - Hazardous - 1968 Building Code
Class 2 - Major	NON-HAZ - Non-hazardous - 1968 Building Code
Class 3 - Lesser

Violation Status Descriptions

OPEN - No Compliance Recorded

OPEN - Certificate Pending (Certificate of Correction submitted and under review)

OPEN - Certificate Disapproved (Certificate of Correction disapproved/not in compliance)

RESOLVED - N/A-Dismissed (at ECB - no Certificate of Correction required)

RESOLVED - Certificate Accepted (Certification of Correction Accepted/in compliance)

RESOLVED - Cure Accepted (early correction accepted - in violation/no penalty or hearing)

RESOLVED - Compliance Insp/Doc (condition verified by Inspector or by Dept. documentation)

ECB Hearing Status

CURED/IN-VIO - In Violation/no hearing required

STIPULATION/IN-VIO - No hearing required/in violation

IN VIOLATION - Hearing decision completed

DISMISSED - Hearing decision completed

DEFAULT - Respondent failed to appear at hearing

PUBLICLY-OWNED - No hearing required

PENDING - Awaiting ECB hearing or decision

ADMIT/IN-VIO - In Violation/no hearing required

WRITTEN OFF - Imposed penalty legally uncollectable

If you have any questions please review these Frequently Asked Questions, the Glossary, or call the 311 Citizen Service Center by dialing 311 or (212) NEW YORK outside of New York City.

BIS Menu | Property Profile | ECB Violations | Back

NYC Department of Buildings

ECB Violation Details

Premises: 143 EAST 23 STREET MANHATTAN			Filed At: 145 EAST 23 STREET , MANHATTAN , NY 10010
BIN: 1018044 Block: 879 Lot: 27		Community Board: 106

ECB Violation Summary

VIOLATION RESOLVED

ECB Violation Number: 35255131M

Severity: CLASS - 1

Certification Status:

CERTIFICATE ACCEPTED

Penalty Balance Due: $0.00

Hearing Status:

IN VIOLATION

Respondent Information

Name:

KENMORE ASSOCIATES LP

Mailing Address:

243 WEST 30 STREET , NEW YORK , NY 10001

Violation Details

Violation Date:

02/06/2018

Violation Type:

CONSTRUCTION

Served Date:

02/09/2018

Inspection Unit:

OFFICE OF THE BUILDING MARSHALL

Infraction Codes	Section of Law	Standard Description
101	28-105.1	WORK WITHOUT A PERMIT

Specific Violation Condition(s) and Remedy:

PLUMBING WORK W/O PERMIT.WORK NOTED:AT TIME OF INSPECTION,WATER&WASTELINES ARE BENT RETRO FITTED TO ACCOMODATE NEW CABINETS&COUNTERTOPS INKITCHENS ON SECOND FL.NO APPS SUMITTED,NO PERMITS ISSUED FOR THIS WORK

Issuing Inspector ID:

2694

DOB Violation Number: 020618PLONMCJ02

Issued as Aggravated Level: NO

Dept. of Buildings Compliance History and Events

Certification Status:

CERTIFICATE ACCEPTED

Compliance On:

07/12/2018

Certification Submission Date:

07/12/2018

Certification Disapproval Date:

03/14/2018

A Certificate of Correction must be submitted to the Administrative Enforcement Unit (AEU) for all violations. A violation that is not dismissed by ECB will continue to remain ACTIVE or "open" on DOB records until acceptable proof is submitted to the AEU, even if you have paid the penalty imposed by ECB.

ECB Hearing Information

Scheduled Hearing Date/Time: 05/31/2018 8:30

Hearing Status:

IN VIOLATION

ECB Penalty Information

Penalty Imposed:

$1,600.00

Adjustments:

$0.00

Amount Paid:

$1,600.00

Penalty Balance Due:

$0.00

If you have any questions please review these Frequently Asked Questions, the Glossary, or call the 311 Citizen Service Center by dialing 311 or (212) NEW YORK outside of New York City.

BIS Menu | Viol Details | ECB Viol Details | Back

NYC Department of Buildings

ECB Violation Details

Premises: 143 EAST 23 STREET MANHATTAN			Filed At: 145 EAST 23 STREET , MANHATTAN , NY 10010
BIN: 1018044 Block: 879 Lot: 27		Community Board: 106

ECB Violation Summary

VIOLATION RESOLVED

ECB Violation Number: 35255131M

Severity: CLASS - 1

Certification Status:

CERTIFICATE ACCEPTED

Penalty Balance Due: $0.00

Hearing Status:

IN VIOLATION

Respondent Information

Name:

KENMORE ASSOCIATES LP

Mailing Address:

243 WEST 30 STREET , NEW YORK , NY 10001

Violation Details

Violation Date:

02/06/2018

Violation Type:

CONSTRUCTION

Served Date:

02/09/2018

Inspection Unit:

OFFICE OF THE BUILDING MARSHALL

Infraction Codes	Section of Law	Standard Description
101	28-105.1	WORK WITHOUT A PERMIT

Specific Violation Condition(s) and Remedy:

Issuing Inspector ID:

2694

DOB Violation Number: 020618PLONMCJ02

Issued as Aggravated Level: NO

Dept. of Buildings Compliance History and Events

Certification Status:

CERTIFICATE ACCEPTED

Compliance On:

07/12/2018

Certification Submission Date:

07/12/2018

Certification Disapproval Date:

03/14/2018

ECB Hearing Information

Scheduled Hearing Date/Time: 05/31/2018 8:30

Hearing Status:

IN VIOLATION

ECB Penalty Information

Penalty Imposed:

$1,600.00

Adjustments:

$0.00

Amount Paid:

$1,600.00

Penalty Balance Due:

$0.00

If you have any questions please review these Frequently Asked Questions, the Glossary, or call the 311 Citizen Service Center by dialing 311 or (212) NEW YORK outside of New York City.

BIS Menu | Viol Details | ECB Viol Details | Back

NYC Department of Buildings

ECB Violation Details

Premises: 143 EAST 23 STREET MANHATTAN			Filed At: 145 EAST 23 STREET , MANHATTAN , NY 10010
BIN: 1018044 Block: 879 Lot: 27		Community Board: 106

ECB Violation Summary

VIOLATION OPEN

ECB Violation Number: 35324581X

Severity: CLASS - 2

Certification Status:

NO COMPLIANCE RECORDED

Penalty Balance Due: $0.00

Hearing Status:

PENDING

Respondent Information

Name:

ROBINSON AQUDELO

Mailing Address:

31-07 STARR AVE SUITE 1 , LIC , NY 11101

License/Registration/Tracking Number:

R 6082

Violation Details

Violation Date:

08/02/2018

Violation Type:

CONSTRUCTION

Served Date:

08/02/2018

Inspection Unit:

SCAFFOLD SAFETY TEAM

Infraction Codes	Section of Law	Standard Description
282	28-105.12.2	WRK DOESN'T CONFORM TO APPROV DOCS AND/OR APPROV AMENDMENTS

Specific Violation Condition(s) and Remedy:

BUILT CONTRARY TO PLAN. ALL EQUIPMENT MUST BE INSTALLED AS PER CD/5 APPROVED PLAN. NOTE: AT TIME OF INSPECTION,I OBSERVED SUSPENDED SCAFFOLD IN PLACE(BLDGS COURTYARD)THAT IS CONTRARY TO DESIGN. A)THE KICK OFF

Issuing Inspector ID:

2783

DOB Violation Number: 080218CSSUPW01

Issued as Aggravated Level: NO

Dept. of Buildings Compliance History and Events

Certification Status:

NO COMPLIANCE RECORDED

Compliance On:

ECB Hearing Information

Scheduled Hearing Date/Time: 09/20/2018 8:30

Hearing Status:

PENDING

ECB Penalty Information

Penalty Imposed:

$0.00

Adjustments:

$0.00

Amount Paid:

$0.00

Penalty Balance Due:

$0.00

If you have any questions please review these Frequently Asked Questions, the Glossary, or call the 311 Citizen Service Center by dialing 311 or (212) NEW YORK outside of New York City.

BIS Menu | Property Profile | ECB Violations | ECB Viol Details | Back

I'm posting the details on the current stop work order; it appears to still be active, and anyone can look this up on the Department of Buildings website. This stop work order is the third this year (that I know about, anyway), and the details just make the contractor and H.S.I. look incredibly sloppy. But what else is new?

If this bothers you, feel free to call 311... and if anyone wants to know how to reach the Department of Buildings directly, leave a comment and I'll pass on more direct contact info.

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

stop work order & video clip

Now that you've seen details on the stop work order, AND the video clip, doesn't it seem fishy that there are guys working up by the water tower?

--

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

Saturday, August 18, 2018

KEEP YOUR EYE ON THE WATER TOWER-

You'll see several guys working there. Meanwhile, there's still a partial work order in place because the "scaffold does not meet the safety code standards."

So what's the deal with this~

Sunday, August 5, 2018

facade work redux

August 4, 2018

Tenants in some units of Kenmore Hall had a memo from Almir Lalicic tucked into their doors on Friday, July 27, regarding the start of façade work in the west airshaft slated for Tuesday, July 31. Almir is the Director of Property Management for H.S.I.

For tenants who weren't living in the building back in 2009, we've had façade work done before, and it was a nightmare. Not only did the work go on for extended hours without any noise reduction, the workmen were extremely careless with their scaffolding and managed to break some windows. There was no effort to minimize, reduce or contain the dust and grit that was being drilled off the façade, and it ended up coming through windows into the building, leaving a coating in rooms, halls, and many common areas. It was substantial enough to get into the fire alarm panel in the lobby and cause numerous false alarms.

The situation was especially nightmarish for tenants with lung disease; we're not supposed to be exposed to that much airborne dust and grit because it exacerbates asthma and COPD. Complaints to management and the Department of Buildings at the time led nowhere; the situation continued for months, and some tenants remember the summer of 2009 as the summer they had ongoing pneumonia and emergency room visits. The Department of Buildings, after receiving one complaint regarding the failure to minimize the dust and grit, sent an inspector, and reported back that the contractors WERE taking measures - but this was a complete lie; videos taken during the same time period show that workmen on scaffolds without even having masks or respirators to protect themselves from inhaling what was flying off the surfaces they were drilling, and absolutely no plastic tenting or water being sprayed to minimize airborne dust (these are two of the most common methods used).

This time around, I contacted Johnny Chavez, one of the caseworkers at Kenmore Hall, and asked him whether there would be any way to protect tenants against this situation THIS time around. I first spoke to him on Monday, July 30. He told me he wasn't sure, but that he would check with management, and sent them an email. I also emailed Almir about the issue. By late in the week, I'd gotten responses from both telling me that filters would be placed on the exteriors of air conditioners to protect them from being clogged with material falling from the upper floors. I let Almir know that no filter had been placed on MY air conditioner yet, and he responded that he would be in touch with the contractors to make sure they took care of it.

Then I noticed the Partial Stop Work Order issued by the Department of Buildings glued to the front window of the building at street level. It's dated August 2, 2018, so someone (not me!) notified the Department of Buildings fairly quickly and got an inspector to come to the building right away. (It often takes much longer.) Interesting.

Let's all keep an eye on the situation. If Almir wasn't inventing a solution, tenants in the West airshaft should have some form of protective filter placed on their air conditioners soon. The Stop Work Order may keep this aspect of the construction job shut down for a while, though, at least until the problem is fixed and fines are paid.

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

Saturday, July 21, 2018

Fwd: [New post] After asbestos confirmed, investigation continues in Flatiron

It would have been interesting if H.S.I. had had the presence of mind to address the issue of contamination of the building with airborne asbestos by letting tenants know that they should close their windows after the blasts. Asbestos has been a known carcinogen for decades, but this is par for the course.

---------- Forwarded message ----------
From: Town & Village <comment-reply@wordpress.com>
Date: Friday, July 20, 2018
Subject: [New post] After asbestos confirmed, investigation continues in Flatiron
To: emilyholiday@gmail.com

Respond to this post by replying above this line

New post on Town & Village

After asbestos confirmed, investigation continues in Flatiron

by Sabina Mollot

July19 Expolsion info at 22nd Con Ed — Con Ed employees accepting bagged clothing at 22nd Street and Broadway (Photo courtesy of Con Ed)

By Sabina Mollot

In the wake of Thursday's steam-pipe explosion, the city has confirmed the presence of asbestos. Sixteen inspectors from the Department of Environmental Protection have been tasked with investigating the presence of any asbestos in nearby buildings while the site of the explosion is also being monitored.

On Friday, the New York State Department of Environmental Conservation issued an air quality health advisory for the whole city through 11 p.m. The agency's warning noted that active children and adults as well as anyone with respiratory problems reduce "prolonged or heavy exertion" outdoors.

The public is still being warned to stay away from the immediate area, where there are still emergency crews at work.

Fwd: [New post] After asbestos confirmed, investigation continues in Flatiron

How nice of H.S.I. to bring this to the attention of tenants in the building. How nice that they also neglected to suggest keeping windows closed to prevent lots of airborne asbestos from settling in tenants' rooms... especially those with vulnerable lungs.

Just bringing this up because for the 2 or 3 of you who DON'T know, asbestos has been known to be a cancer-causing agent for decades, and it causes LUNG cancer first.

This just creeps me out in light of the recent memo listing 6 tenant deaths in a matter of weeks. Let's try to keep the death rate down.

---------- Forwarded message ----------
From: Town & Village <comment-reply@wordpress.com>
Date: Friday, July 20, 2018
Subject: [New post] After asbestos confirmed, investigation continues in Flatiron
To: emilyholiday@gmail.com

Respond to this post by replying above this line

New post on Town & Village

After asbestos confirmed, investigation continues in Flatiron

by Sabina Mollot

By Sabina Mollot

The public is still being warned to stay away from the immediate area, where there are still emergency crews at work.

Tuesday, June 26, 2018

Fwd: Rent Increases = Displacement

Note that they discuss a 0% rent increase for SROs. There was a 0% increase for SROs LAST year, too, but here at the Kenmore, HSI decided to give us all rent increases BECAUSE OF THE CONSTRUCTION WE'VE ALL BEEN ENDURING. Watch out for more dirty tricks this year.

---------- Forwarded message ----------
From: Met Council on Housing <info@metcouncilonhousing.org>
Date: 2018-06-26 20:24 GMT-04:00
Subject: Rent Increases = Displacement
To: Emily Brown <emilyholiday@gmail.com>

Emily --

The Rent Guidelines Board just voted to increase rents on a 1.5% One Year lease, 2.5% on a Two Year lease to 2.5%, and 0% for Single Room Occupancy and residential hotels.

This rent increase, while a set back, will not stop us from our real goal building tenant power and strengthening the rent laws. Help us continue to fight for tenants rights throughout New York by donating as little as $5.00.

This rent increase, no matter how small, will lead to evictions and displacements. We are saddened that the Rent Guideline Board did not listen to the hundreds of tenants that testified on the need for a rent freeze. Landlords have made profits for the twelfth year in a row, while our incomes have not kept up.

"To grant landlords an increase at a time when there are 60,000 people living in shelters, and the average family is paying over a third of their income in rent in one of the most expensive cities in the world and landlord's profits have outpaced inflation while our wages have not, is not only morally wrong and bad public policy but it is an abdication of the RGB's sole purpose which is to prevent rent profiteering" said Ava Farkas.

Met Council member leader Fredrick deBour of Brooklyn added "With a city-wide affordable housing crisis and landlords once again raking in record profits, a rent increase is just not justified."

We with you will continue to build tenant power and strengthening the rent laws. Help us continue to fight for tenants rights throughout New York by donating as little as $5.00.

Rockland County did successfully have a rent freeze for the third year in a row, while Nassau County voted for 1% for 1 year leases and 2% for 2 year leases, and Westchester voted for 2% for 1 year leases and 3% for 2 year leases.

La Junta de Ajustes de Alquiler acaba de votar a aumentar las rentas de un contrato de arrendamiento de un año por 1.5%, un contrato de arrendamiento de dos años por 2.5% y 0% para la ocupación de habitaciones individuales y hoteles residenciales.

Este aumento en el alquiler, aunque nos retrasa, no nos previene de nuestra meta verdadera de fortalecer el poder del inquilino y las leyes de la renta. Ayúdenos a continuar luchando por los derechos de inquilinos en todo Nueva York con una donación de tan solo $ 5.00.

Este aumento en el alquiler, sin importar cuán pequeño sea, producirá desalojos y desplazamientos. Nos entristece que la Junta de Ajustes de Alquiler no haya escuchado a los cientos de inquilinos que testificaron sobre la necesidad de un Rent Freeze. Los propietarios han obtenido ganancias por el 12% año consecutivo, mientras que nuestros ingresos no se han mantenido.

"A permitir un aumento al propietario en el momento en que hay 60,000 personas viviendo en refugios para indigentes, y una familia promedio está pagando más de un tercio de sus ingresos en renta en una de las ciudades más caras del mundo y las ganancias del propietario han superado la inflación mientras nuestro los salarios no han crecido lo mismo, no solo es moralmente mala y una política pública mala, sino que es una abdicación del único propósito del RGB, que es evitar el lucro de la renta", dijo Ava Farkas.

El líder de Met Council, Fredrick deBour of Brooklyn, agregó: "Con una crisis de vivienda asequible en toda la ciudad y los propietarios una vez más obteniendo ganancias récord, un aumento en el alquiler simplemente no está justificado".

Nosotros con usted continuaremos desarrollando el poder del inquilino y fortaleciendo las leyes de renta. Ayúdenos a continuar luchando por los derechos de los inquilinos en todo Nueva York con una donación de tan solo $ 5.00.

El Condado de Rockland tuvo un congelacio de renta exitosamente por tercer año consecutivo, y Westchester también votó por el aumento 2% para contratos de arrendamiento de 1 año y el 3% para contratos de arrendamiento de 2 años y La Junta de Ajustes de Alquiler de Nassau votará para el aumento de 1% para contratos de arrendamiento de 1 año y el 2% para contratos de arrendamiento de 2 años.

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

Monday, May 28, 2018

Fwd: Notify NYC - Fire

Well, thankfully it wasn't at the Kenmore. But I wonder how bad the air quality has been all day, or whether anyone else in the building is getting these notifications.

Expect a few more ambulances pulled up out front tonight.

---------- Forwarded message ----------
From: Notify NYC <noreply@everbridge.net>
Date: Mon, May 28, 2018 at 4:41 PM
Subject: Notify NYC - Fire

Notification issued 05-28-2018 at 4:40 PM. Emergency personnel are on the scene of a three alarm fire located at West 23rd Street and 7th Avenue in Manhattan. Expect smoke, traffic delays, and a presence of emergency personnel and vehicles in the area. The NYC Department of Health and Mental Hygiene advises avoiding smoke exposure from structural fires by closing windows while indoors and reducing outdoor activity where smoke is present. People with heart or breathing conditions such as asthma may be more sensitive and should seek immediate medical attention if they experience a worsening of their condition, shortness of breath, or chest pains.

To view this message in American Sign Language (ASL), العربية, বাঙালি, 中文, Français, Kreyòl Ayisyen, Italiano, 한국어, Polski, Pусский, Español, اردو or ייִדיש : http://on.nyc.gov/1kdbhe2.

To refer your friends and family to this service please visit http://www.nyc.gov/notifynyc

To modify your notification settings visit http://on.nyc.gov/zNSx2c

Please contact NotifyNYC@oem.nyc.gov with questions or concerns.

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

Friday, May 25, 2018

I’ve been banned from the community room, computer lab and the 15th floor library for 30 days by Ralph Garcia because of “grievances” regarding a YouTube post (Commotion in the Community Room) I put up on the Kenmore Confidential YouTube channel. It shows Lisa in the community room screaming abuse and obscenities at Eddy Wong; the clip I posted starts with her calling him a Chinese motherfucker. A little background: I’d been in the community room one evening, and Eddy Wong was seated near the tv. He’d fallen asleep in his chair after eating his dinner. Lisa walked into the room, and started slamming her cane on the counter, waking Eddy up - and then she started screaming at him. The whole episode was completely unprovoked: as I’ve already pointed out, the man was ASLEEP in his chair when she came into the room.

Garcia’s issue with me is apparently connected to the “rule” stating that nobody can take pictures or videos of other tenants in the building without prior permission from H.S.I. That’s nice. We’re all on camera when we’re in the halls and common areas of the building, but those cameras have never protected anyone BUT H.S.I. They also don’t capture AUDIO, and my video does... and the 2 minute clip I posted shows Lisa at her worst - making racist comments and harassing another tenant for no reason at all except that she’s a nasty person. She’s actually worse when she’s got her card crew in the community room - Anna Barnes (who doesn’t even live in the building any more, but is a regular visitor) and others in that group have made a habit of targeting their neighbors for at least the past decade, and staff and management does NOTHING to stop them. It’s disgusting. What hasn’t been addressed is the drinking that goes along with their occupation of the community room when they’re playing cards - and alcoholic beverages are also prohibited. Apparently, whoever’s supposed to be watching the cameras down at the front desk is completely missing the bottles of wine that Lisa’s daughter brings in concealed in brown paper bags, and the vodka in little travel size bottles that get mixed with orange juice in cups, and whatever beer Chris brings in... and the drunker they get, the louder and nastier they get.

I don’t care about the ban; as I pointed out to Garcia during out meeting, I can pick up a wifi signal from the community room just by standing in front of the building, because the signal comes right out the window. I can also go up to the corner and get free wifi from Freehand, the new boutique hotel that took over the George Washington (and they have some nice, comfortable benches to sit on, too). There are a dozen other ways to pick up a legal, free wifi signal within a 5 block radius of the building, so being banned really isn’t a problem for me. My access to the internet isn’t being restricted.

What IS an issue, though, is that while Garcia is “punishing” me by banning me from common areas of the building, the crack dealers are still doing a very regular and brisk business inside and outside the building, and nobody regulates their activities. Last time I checked, this was ILLEGAL. But that doesn’t seem to matter to H.S.I. They like their pet crackheads. Lisa & company are allowed to run the community room unchecked: I’m not the only tenant who’s had a problem with them. The front desk staff cooperates with them and enables them, too: Lisa has them on a tight leash, and when she’s too lazy to get off her fat ass, she calls downstairs to get one of the workers to bring her a nice cool soda from the refrigerator.

I’m not taking the video clip down. I’m not apologizing, either. If I have to have another conference with Mr. Garcia about this, I’ll be recording it and posting it to the Kenmore Confidential YouTube Channel - and will do the same if I catch any flack from Lisa or her cohorts. Just putting you all on notice.

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

Total Pageviews

Sunday, August 19, 2018

current stop work order

stop work order & video clip

Saturday, August 18, 2018

Sunday, August 5, 2018

facade work redux

Saturday, July 21, 2018

Fwd: [New post] After asbestos confirmed, investigation continues in Flatiron

New post on Town & Village

After asbestos confirmed, investigation continues in Flatiron

Fwd: [New post] After asbestos confirmed, investigation continues in Flatiron

New post on Town & Village

After asbestos confirmed, investigation continues in Flatiron

Tuesday, June 26, 2018

Fwd: Rent Increases = Displacement

Monday, May 28, 2018

Fwd: Notify NYC - Fire

Friday, May 25, 2018

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

Sunday, August 19, 2018

Saturday, August 18, 2018

Sunday, August 5, 2018

Saturday, July 21, 2018

New post on Town & Village

New post on Town & Village

Tuesday, June 26, 2018

Monday, May 28, 2018

Friday, May 25, 2018

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