Thursday, September 21, 2023

Opinion Op-ed | We must fix the housing crisis and keep New Yorkers in their homes By Public Engagement Unit Executive Director Adrienne Lever

Mayor Eric Adams is patting himself on the back for expanding programs to help at-risk tenants in NYC. Hopefully, these initiatives will actually help; here's an article I received from his office in my email this afternoon:

Op-ed | We must fix the housing crisis and keep New Yorkers in their homes

By Public Engagement Unit Executive Director Adrienne LeverPosted on September 14, 2023

Aerial view of Manhattan in New York

Photo via Getty Images

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Last week, a neighbor called me with an all too familiar story. Her landlord had spent months refusing to make critical repairs to her apartment because he wanted to sell the building. She was told she would have to move out immediately. My neighbor did not realize she had a right to insist that these urgent repairs be made, and to stay in the home she had lived in for over 20 years.

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Up Next - RELATED NEWS: - Op-ed | We must fix the housing crisis and keep New Yorkers in their homes | amNewYork

Last week, a neighbor called me with an all too familiar story.

Op-ed | We must fix the housing crisis and keep New Yorkers in their homes | amNewYork

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Too many New Yorkers are unaware they have rights and that city government has resources to protect them.

That is why this summer Mayor Adams and the Mayor’s Public Engagement Unit (PEU), which I am proud to lead, announced a vital new resource to support New York City tenants – a one-of-a-kind Live Tenant Helpline where New Yorkers facing eviction, harassment, or unacceptable living conditions can learn about their housing rights and access a wide array of resources.

The initial version of our tenant helpline launched during the pandemic and received over 100,000 calls, providing invaluable support to New York City tenants during a period of extreme uncertainty. But tenants had to leave a message and wait for a call back, sometimes holding their breath for days until they got the answers they deserved.

Mayor Adams was clear that the city needed to do better. Thanks to new funding from the Adams administration, the helpline is now staffed by live operators.

When New Yorkers call 311 and ask to connect to the “Tenant Helpline,” they are directed immediately to one of our Tenant Specialists – compassionate housing experts who often come from the communities they serve and have their own stories of experiencing housing instability.

Through the helpline, we are supporting tenants in the fight against unfair evictions. We are helping low-income seniors and New Yorkers with disabilities freeze their rents. We are guiding others through the process of applying for financial assistance.

And now, thanks to the live call system, we are doing it all much more quickly.

But we know that housing instability does not take place in a vacuum, which is why our helpline does not either. Connecting tenants to a broader network of programs and benefits is essential to improving tenant outcomes for the long term.

Just last week, one of our specialists connected with a tenant facing the threat of eviction due to rental arrears. By working closely with other agency partners, our team helped her secure enough money from a One-Shot Deal, a loan for tenants provided by Human Resources Administration, to pay back her rent and keep her in her home. But we didn’t stop there. We also walked her through the process of applying for SNAP benefits and Medicaid to put her on a better financial footing.

The PEU Tenant Helpline is only one piece of our tenant support infrastructure. Mayor Adams knows we cannot just react to incoming phone calls; we have to be proactive about identifying New Yorkers who need our help. That’s why PEU is out every day knocking on doors to share information with tenants about their rights and connect them to critical city resources. We are working closely with other city agencies on Partners in Preservation, a coordinated effort across city government, legal services providers, and tenant organizing groups to proactively address tenant harassment in rent-regulated buildings. With our partners at the Department of Homeless Services, we are supporting small landlords to ease the administrative burden of leasing to New Yorkers with housing vouchers.

These steps are important. They are equipping New Yorkers with the resources they need to combat illegal evictions and harassment. But they are not enough on their own.

We also need to ramp up enforcement against landlords who fail to meet safety requirements or make repairs. Last month, Mayor Adams announced our administration had taken successful enforcement actions against safety violations found in over 5,000 apartments that resulted in almost $500,000 in civil penalties.

While the city continues its fight to build more affordable housing, the most important thing we can do to tackle the housing crisis right now is keep New Yorkers secure in their existing homes. PEU is proud to be there to answer the call.

Here's the link: https://www.amny.com/opinion/fix-housing-crisis-keep-new-yorkers-home/?emci=8cbafb00-9458-ee11-9937-00224832eb73&emdi=040d4908-c358-ee11-9937-00224832eb73&ceid=4528096

If you want to contact the Public Engagement Unit, follow THIS link: https://www.nyc.gov/site/mayorspeu/about-peu/about-peu.page

Wednesday, September 20, 2023

RUMOR? OR TRUTH?

I just heard from a tenant that there's a rumor that the Health Department paid Kenmore Hall a visit earlier today.

Anyone have any details on this? Were they actually there? Did they inspect something? Who called them? Please leave comments below (you can do it anonymously if you like)

Monday, September 18, 2023

And now for something completely different... A public service announcement from your favorite sideshow

HSI'S SUPPORTIVE HOUSING MISSION IS A FRAUD. This needs to change NOW.

HSI's mission statement, as posted on their website, is this:

permanent supportive housing: HSI builds communities that help tenants achieve their fullest potential for housing self-sufficiency by assessing their individual needs and building respectful and caring environments to overcome barriers to their success. Our programs employ a housing first, harm reduction approach that is person-centered and outcome-oriented. Our primary goal is to keep residents housed, reduce crises, and help those most vulnerable re-integrate into social networks that they have long been excluded from; decreasing isolation, and promoting improved quality-of-life.

The website goes on to describe HSI's programs as follows:

⦁ We employ a housing first, harm reduction approach that is person-centered and outcome-oriented, enabling homeless individuals to address the complex barriers to their health and housing stability by:
⦁ delivering safe, clean, permanent homes without conditions - our tenants are not required to meet any prerequisites before moving into HSI housing including attaining sobriety, going through rehabilitation programs, or receiving mental health treatment.
⦁ providing access to wide-ranging on-site services that are elective and customized - targeting the root causes of homelessness that resulted in displacement originally including poor health, untreated mental illness, chemical dependency and lack of educational and vocational opportunities. HSI programming is comprehensive, tailored to each individual's needs.
⦁ promoting community - HSI strives to reconnect residents to social networks, knowing the strength community participation promises. With the opening of Kenmore Hall's learning center in 2007, HSI introduced RISE, our creative arts and educational programming that supports life-long learning. Classes and activities include computer literacy, job search, theater workshops, writing classes, visual art courses and so much more.

Sounds nice, right? Here's the thing, though. For many years, tenants were hounded by social workers to keep regular appointments to make plans to meet personal goals, and tenants were threatened and harassed if they declined services they didn't need. Many of the tenants at Kenmore Hall struggle with sobriety, mental illness, lack of educational and vocational opportunities, and similar issues - but there ARE tenants who don't share these problems. They became homeless (and were NOT chronically homeless) due to loss of jobs, divorce, medical crises, or similar issues. Some tenants have college degrees. Some have worked for most of their lives in fulfilling, relevant jobs. HSI fails to recognize that tenants have much more diverse backgrounds than what's described on their website, and frankly, it's insulting and inappropriate that everyone be given a limited range of "treatment" plans. One size does NOT fit all, and tenants who do NOT need HSI's help in achieving their personal goals are often harassed and treated as though they're being uncooperative when they request either NO services, or more personally relevant services that would better meet their individual needs. This is a problem that seriously needs to be addressed, and isn't - there's not even an effort being made to meet in the middle and compromise. That's not a problem for HSI; they don't feel that they need to invest - but it can cause incredible complications for tenants. In some cases, it's more than inconvenient and obstructive, it's potentially criminal. I've been talking about these issues on this blog since 2009, and it's time to make some big changes.

Robert Tucker lives in apartment 8G at Kenmore Hall, an SRO located at 145 East 23rd Street in Manhattan. Over the course of several years, roughly 2014 through 2017, he filed numerous complaints with 311 about his unit because he experienced repeated floods to his unit (there were at least 5 that he mentioned to me), and he feels that there is a pervasive mold infestation in the walls that has not been properly addressed by management (Housing & Services, Inc., doing business as Kenmore Associates LP). He directed many of these complaints to city agencies including the Department of Buildings, the Department of Health, HPD, etc. He wants the mold remediated properly by an outside company that is licensed to do this specialized work, and HSI/Kenmore Associates keeps dismissing the problem and trying to have building maintenance simply repaint. Mr. Tucker has repeatedly stated that the mold situation in the room is triggering severe difficulty breathing whenever he is in the room, and that this has sent him to the Emergency Room at the local hospitals, requiring nebulizer treatments to stabilize his ability to breathe. He claims that he cannot use the room as a residence at all at this time because the condition is so severe.

Mr. Tucker would also like assistance moving some of his property from his unit to his storage facility in an effort to make room for licensed workmen to professionally (and legally) remediate the mold situation in his unit, but it is difficult and/or almost impossible for him to do the work on his own without assistance. He would like to have assistance from management and/or an outside agency like APS. Mr. Tucker feels very strongly that H.S.I. is not fulfilling its mission of providing supportive housing to its tenants, because rather than helping him by having maintenance staff (or arranging for helpers from an outside agency such as APS), they choose instead to punish him by taking him to Housing Court, publicly ridiculing his alleged mental state by having the staff psychiatrist talk to him about personal issues in the building's lobby (also violating his right to privacy should he actually choose to seek professional help), and in general avoid addressing or cooperating with the issue directly in any productive or helpful way by having his caseworker be essentially invisible or unavailable for long periods of time. APS has also, according to Mr. Tucker, dropped the ball for many months by assigning him a caseworker who never met with him, was extremely unresponsive, and did not even create a case file for him, and then mysteriously quit, according to Mr. Tucker's account.

Since January of 2023, Mr. Tucker has been forced to find alternative accommodations because he is unable to use his room. Between January and June, he was able to stay with a neighbor (Anthony Ramirez) in the building as an unofficial "roommate", sharing the neighbor's unit. However, the neighbor passed away in June of this year, so that was no longer an option. Since then, Mr. Tucker has had to find alternative places to sleep at night, including the M103 bus, which runs from 125th Street to City Hall, and a nearby drop-in center where clients can spend the night on a chair on a first-come, first-served basis. Meanwhile, a room he can't use because of unresolved health and safety issues is being paid for by HPD. This situation is not acceptable for Mr. Tucker, whose health and well-being is being adversely affected by this situation. The mold that has been in the walls of Mr. Tucker's unit for almost a decade is ALSO a violation, and one that legally MUST finally be resolved appropriately by the building.

Mr. Tucker wants to resolve this correctly. He is willing to seek funds from HRA to hire a moving service to pack and move his property to storage. He needs cooperation from the building staff in order to accomplish this successfully - part of what he needs is less interference with moving his property through the halls and out to the moving truck or van. Since there is a long-standing mold issue in the room, and dangerous spores are causing severe breathing issues for Mr. Tucker, he would like to request that the building provide him with an air purifier that incorporates HEPA filters and an electrostatic feature to reduce the airborne irritants. This should help him spend more time in the room participating in cleaning & organizing what needs to be removed. Kenmore Associates could also help him by providing him with KN95 face masks to help filter out particulates he'd otherwise be breathing while working on the room. This kind of cooperation would help both Mr. Tucker AND Kenmore Associates achieve the required goals.

Can a reasonable accommodation be worked out so that both issues can be successfully dealt with? Simply repainting does not completely address the mold issue; he feels that his Warrant of Habitability is being compromised, and that the remediation of the mold issue should be in accordance with Local Law 55.

Friday, September 15, 2023

Fwd: FY 2022 CoC Award and CoC Special NOFO Award Summary Reports Now Available

Have you ever wondered where funding for housing programs for homeless people comes from? This is a newsletter from HUD that provides details.

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From: HUD Exchange Mailing List <news@hudexchange.info>
Date: Thu, Sep 14, 2023 at 4:22 PM
Subject: FY 2022 CoC Award and CoC Special NOFO Award Summary Reports Now Available
To: <emilyholiday@gmail.com>

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HUD Exchange: Resources and assistance to support HUD's community partners

Home

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Resources

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FY 2022 CoC Award and CoC Special NOFO Award Summary Reports Now Available

Award summary reports are available on the HUD Exchange for communities awarded funds through the FY 2022 Continuum of Care (CoC) Program Notice of Funding Opportunity (NOFO) and the Supplemental to Address Unsheltered and Rural Homelessness (Special NOFO).

CoC Award Summary Reports by Component and Project Type and CoC Special NOFO Award Summary Reports by Component and Project Type identify the number of projects and award amounts by component type and project type for CoCs and by state, commonwealth, and territory.

Component types included in the reports are Permanent Supportive Housing (PSH), Rapid Rehousing (RRH), Transitional Housing (TH), Joint TH and PH-RRH, Supportive Services Only (SSO) [i.e., SSO-Coordinated Entry (SSO-CE) projects], Homeless Management Information System (HMIS), Safe Haven, and CoC Planning/Unified Funding Agency (UFA). The data further identifies whether the projects are new, renewal, expansion, or Youth Homelessness Demonstration Program (YHDP) renewal projects. The reports also contain project-level award information.

To view all CoC reports available on the HUD Exchange visit the Grantee Reports and Plans page.

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Stay up to date on HUD's Special Needs Assistance Programs (SNAPS) news and updates for grantees and interested stakeholders:

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This material is based upon work supported by funding under an award with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. Neither the United States Government, nor any of its employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the U.S. Government or any agency thereof. Opinions expressed on the HUD Exchange are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, HUD or by any HUD program.

Thursday, September 14, 2023

Fwd: Notify NYC - Coastal Flooding Preparedness

Spiral Thought

---------- Forwarded message ---------
From: Notify NYC <noreply@everbridge.net>
Date: Thu, Sep 14, 2023 at 5:59 PM
Subject: Notify NYC - Coastal Flooding Preparedness
To: emilyholiday@gmail.com <emilyholiday@gmail.com>

Notification issued 09-14-2023 at 05:58 PM.

New York City Emergency Management urges New Yorkers to prepare for possible coastal flooding and hazardous beach conditions through early Sunday morning.

Inundation levels of up to 2 feet above normally dry ground during high tides Friday night to early Sunday morning are expected. Winds gusts up to 35 mph out of the north are also possible.

-A High Surf Advisory is in effect for Southern Queens and Brooklyn until 10:00 PM on 9/14.

-A Coastal Flood Advisory is in effect for Southern Queens from 6PM on 9/15 to 3AM on 9/17.

-A Coastal Flood Statement is in effect for Northern Queens, Staten Island, Manhattan, The Bronx and Brooklyn from 6PM on 9/15 to 3AM on 9/17.

Preparedness Actions:

- During periods of heavy inundation, seek higher ground, seek higher ground or, if in a basement, prepare now to move to a higher floor if needed.

-Avoid driving through or coming in contact with flood waters. Six inches of fast flowing water can knock you off your feet, and as little as one foot of rushing water can carry away a car.

-New York City residents, please call 311 if you encounter flooding that makes roads impassable, causes property damage, or persists for more than 48 hours.

-Beaches are closed to swimming, but surfers should be cautious of rip currents.

For more information, visit https://on.nyc.gov/48dPr3H or www.weather.gov/nyc.

Notify NYC alerts in العربية, বাঙালি, 中文, Français, Kreyòl Ayisyen, Italiano, 한국어, Polski, Pусский, Español, اردو or ייִדיש: https://on.nyc.gov/change-language.

To refer your friends and family to this service please visit https://a858-nycnotify.nyc.gov/notifynyc/Home/ReferAFriend.

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

Fwd: A personal Covid plan

I'm sharing this article because I've heard that Kenmore Hall hosted Covid testing on site on Wednesday, September 13. This may help tenants decide how to protect themselves from the virus.

I'm curious about something, though - maybe someone can fill me in by leaving a comment. If you're a Kenmore Hall tenant and have to quarantine yourself because you've tested positive, are any accommodations made to deliver groceries, meals, medications, or other material from local stores so that quarantined individuals don't have to go out and about while sick?

From: Bloomberg Prognosis <noreply@mail.bloombergbusiness.com>
Date: Thu, Sep 14, 2023 at 6:05 AM
Subject: A personal Covid plan
To: <emilyholiday@gmail.com>

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Bloomberg

Hey there, it's Cailley in New York. Once upon a time, the government put rules in place to keep people safe from Covid. These days, it seems we make our own rules. More on how to do that, but first…

Today's must-reads

New Covid boosters should be available within days.
Citigroup will let moms in India work from home for a year after maternity leave in a bid to boost retention.
A depression treatment startup has temporarily implanted a device in two human skulls.

The 'Swiss cheese' model for DIY Covid rules

My newsroom colleagues have been wondering how we're supposed to act in this new phase of Covid. Cases are rising but are estimated to be much lower than previous peaks. What does that mean for wearing a mask? Getting boosted? Sending your kid to school?

If it feels like the rules are unclear, it's because they are. Lockdowns and mask mandates — specific guides from government agencies and other officials — are in the past.

These measures were once imposed on people, says William Schaffner, an infectious disease specialist at Vanderbilt Medical Center. "But now they're a matter of your individual decision making." In other words, updated Covid guidelines are left up to personal responsibility.

"Think about who you are, what's your risk tolerance," and behave accordingly, Schaffner says.

Katrine Wallace, an epidemiologist at the University of Illinois at Chicago, referred to something public health experts use called the "Swiss cheese model," in which slices, or prevention methods, are layered on top of each other. The holes, or weaknesses, are misaligned. The goal is to create a solid block that, ideally, the virus can't get through.

One person may need more layers than another depending on factors like geography and vulnerability to serious infection.

To be sure, some of the basics still apply. The Centers for Disease Control and Prevention website provides a baseline of information with guidance on various topics. Those include what to do if you test positive for Covid, rules for schools and details about long Covid, which hasn't changed in months.

New CDC guidance released on Tuesday recommends updated booster shots for everyone over six months old.

But Wallace says there are more steps that require research based on the individual. Some groups are at higher risk for Covid than others, which is also covered on the CDC's website. The chances of someone getting Covid goes up as cases increase around them, too.

Finding local Covid conditions used to be easy, but with the end of widespread testing, robust data reporting on Covid cases was dismantled. That leaves us with spottier data based on wastewater testing, hospitalizations and emergency department visits. Here, the CDC's website is less useful.

Because the agency's tracker map by county is now based on hospitalizations rather than cases, "pretty much the whole map is green," Wallace points out. The verdant graphic, which indicates low hospitalization rates, might not be reflective of the actual number of cases in an area.

Wallace suggests turning to a local public health department to assess community Covid rates. Schaffner notes that if hospitalizations in an area are rising, you can be sure that Covid is circulating.

Armed with this information, you're ready to add the appropriate layers of protection.

Those layers, such as wearing a mask, avoiding crowded indoor places, getting boosted, along with other seasonal jabs and stocking up on FDA authorized home tests, should sound familiar.

"If you are a very prevention and health-oriented person, feel free to wear your mask," Schaffner says. "But nobody's going to go out there and twist your arm." — Cailley LaPara

What we're reading

'Influencer dietitians' are getting paid by food industry groups to give followers wellness advice, the Washington Post reports.

Immigrant laborers are experiencing postpartum depression at higher rates, Stat writes.

The NYC Education Department stopped reporting Covid cases in schools this week despite an uptick in cases, Chalkbeat reports.

Ask Prognosis

Ask us anything — well, anything health-related that is! Each week we're picking a reader question and putting it to our network of experts. So get in touch via AskPrognosis@bloomberg.net.

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Tuesday, September 12, 2023

From: Notify NYC

Flood Watch for NYC: Until 6:00 PM on 9/13. 1 to 2 inches of rain may cause flooding of roadways & streets. Do not drive or walk where water covers the roadway. Prepare to move to higher ground during periods of heavy rain. Info: www.weather.gov/okx.

Monday, September 11, 2023

From: Notify NYC

Flood Advisory for NYC: until 9:15 PM on 9/11. Up to 1 in. of rain expected to cause flooding of low-lying & poor drainage areas. www.weather.gov/okx/.

Fwd: Notify NYC - Flood Advisory - Manhattan, The Bronx

From: Notify NYC <noreply@everbridge.net>

Date: Mon, Sep 11, 2023 at 4:18 PM
Subject: Notify NYC - Flood Advisory - Manhattan, The Bronx
To: emilyholiday@gmail.com <emilyholiday@gmail.com>

Notification issued 09-11-2023 at 04:16 PM.

The National Weather Service has issued the following:
What: Flood Advisory
Where: Manhattan, The Bronx
When: Until 7:15 PM on 9/11
Hazards: An additional 0.5 - 1 inch of rain expected. Heavy rainfall will cause flooding of small creeks and streams, urban areas, highways, streets and underpasses as well as other poor drainage areas and low lying spots.

Preparedness Actions:

- Do not drive your vehicle or walk into areas where water covers the roadway as the water depth may be too great to allow you to cross safely.

For the latest weather info: www.weather.gov/okx/.

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/2gZuG4v.

Notify NYC alerts in العربية, বাঙালি, 中文, Français, Kreyòl Ayisyen, Italiano, 한국어, Polski, Pусский, Español, اردو or ייִדיש: https://on.nyc.gov/change-language.

To refer your friends and family to this service please visit https://a858-nycnotify.nyc.gov/notifynyc/Home/ReferAFriend.

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

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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.