H.S.I. Lies To Tenants About Conditions In Building

As a Rent Stabilized tenant of this S.R.O., you have witnessed the way our building runs and the problems which affect it. A few feel it’s being run O.K., while the majority of residents are not satisfied with conditions and would like some big changes. What’s YOUR opinion, and what do you think should be done? The first thing tenants need to know is what they are entitled to as residents of this building. For example, you are entitled by LAW to safe reliable elevators. Another important point is what your legal rights are as a tenant! You have many rights under Rent Stabilization Law and Code, N.Y. State Real Property Law and other Housing laws. Free copies of the “Tenants Rights Guide” are available from the New York State Attorney General’s Office, State Capitol, Albany, NY 12224, or from any other office of the Attorney General. The Guide may be downloaded from the Attorney General’s website: www.ag.ny.gov. There is also a New York City office located at 120 Broadway, New York, NY 10271-0332; the phone number there is 212-416-8000. The Guide is available in English and Spanish, and you can have multiple copies sent to you at once. Management would have you believe that they ‘make the rules’. They are wrong and staff misleads tenants into thinking that they have no rights. It is about time that residents organize a tenants association and encourage other tenants to participate and change our S.R.O. into a safer, well maintained building. Remember that there is strength in numbers and a unified front is difficult to beat! Some tenants are upset by vermin (mice, roaches) in their apartments; other tenants have mold growing in their apartments. Quite a few tenants are infuriated by the lack of regular elevator maintenance. Since management has a new policy of trying to blame tenants for causing these problems, it makes more sense to call 311 immediately and report violations of the habitability of the building. Having limited access to elevators is especially hard on our neighbors who use wheelchairs, walkers or canes to get around. Beware of another new tactic used by case workers and management; if tenants complain about vermin in their rooms, they may call tenants hoarders and then make false accusations about tenants to Adult Protective Services – they’ve called several tenants “hoarders” already. This is dangerous and malicious. Their attempts at profiling tenants are empty and baseless, How to successfully respond to false accusations like this will be discussed in a new issue of the newsletter.

Several years ago, I had a very unpleasant experience here at Kenmore Hall. Management and Security completely dropped the ball, and showed me that tenant safety is definitely NOT top priority in the building. It also taught me not to trust staff at all, and that they have nothing worthwhile to offer. I am NOT a victim, I'm a SURVIVOR, and no thanks to them. Another reason I'm bringing up "ancient history" is that during the fall of 2013, Mr. Garcia called me down to his office to see if I'd mind if the ban on Mr. Ross's girlfriend could be lifted so she could visit him. It was quite easy to say no, particularly since since a good friend of mine is also currently banned from the building. I suggested to Mr. Garcia that it might become easier for me to change my mind about Mr. Ross's girlfriend if my friend were no longer banned - and he dropped the whole conversation immediately, telling me I was comparing apples and oranges. The difference is, of course, that Ross's girlfriend helped him attack me right here in the building, and my friend has never attacked anyone here, ever, to the best of my knowledge. Security in this building is a relative thing; personally, I feel safer on the streets outside that I do inside the building, and I also believe that the surveillance cameras are here to protect the building, not the tenants. Here's the back story on this: Wednesday, December 22, 2010 Watch Your Back If you get assaulted in Kenmore Hall, don’t count on desk staff in the lobby to assist you (either by intervening or calling the police on their own), despite the fact that we have surveillance cameras in all common areas of the building and someone is supposed to be monitoring them at all times, and that the desk staff reports to the Director of Security. Expect to have desk staff challenge why you’ve called the police in the event of a violent crime. Most of all, take note of the fact that the green sign that used to sit on the reception desk alerting tenants, guests and others that closed circuit cameras are in use throughout the building for the protection of tenants and guests has been removed. Now, instead, we have two signs – one in the lobby seating area, the other in the second floor community room – advising people that photography and videotaping in the building is prohibited without prior consent from H.S.I. Most of all, if you’ve been assaulted in Kenmore Hall, don’t count on having management or the Director of Security cooperate with the District Attorney’s office should the incident go to trial by providing the proper segment of videotape showing the assault (should you be lucky enough to be assaulted in a part of the building that’s under video surveillance in the first place). Are tenants supposed to feel that the surveillance cameras in the building are here to protect tenants, or to protect the building? That’s not an original observation on my part; it’s a rhetorical question I was asked during an interview I had with a Victim’s Services worker at the District Attorney’s office this past summer. We both knew the real answer. I was assaulted on an elevator in Kenmore Hall by Timothy Ross, another tenant, on June 1st, 2010, just before 7:00 in the evening. The attack didn’t stop in the elevator; he and his girlfriend chased me up the hallway from the elevator to my room on the 11th floor, hitting me hard enough in and around the head to bloody my nose and make me see stars. I’m afraid to think of what would have happened if another neighbor hadn’t been on the elevator with me, trying to block Ross’s blows, and finally calming him enough to get him to walk away while I let myself into my room to call the police. When I went down to the lobby that evening to meet the police officers, the desk staff wanted to know why I’d called the police (why wouldn’t I after being viciously attacked?); then they wanted me to fill out an incident report immediately, and I had to explain to them that I was going to speak to the police officers first, because that took priority over everything else. Ross was already in the lobby, and had apparently already spoken to the desk staff. I gave my statement to the police officers, and had Ross arrested. Incredibly, the female police officer I was speaking to couldn’t seem to believe that I really wanted to have him arrested; she asked me three or more times whether that was what I definitely wanted. He was finally arrested – and protested being handcuffed. When I went back into the lobby, I stopped at the reception desk to file an incident report, and White told me that an incident report had already been filed by Ross. I had to insist on filing a report because the desk staff apparently had difficulty understanding that there were two sides to the incident, and that I was the victim and that my statement was essential. The following evening, a large group of tenants was congregated in the lobby. Some of them appeared to be drunk; several made loud, threatening and racist comments directed at me when I walked by from the elevator to the front door. This was witnessed by another tenant, who was with me, and was loud enough that it must have been audible to the staff at the reception desk. Another tenant entered the building and spat repeatedly at me as he passed me. I was called a white bitch, and the threats included “getting” me off camera on 22nd Street. Obviously, Ross had been busy talking to his friends about the incident, and I had become a target for what sounded like an angry mob. Over the next few weeks, I was approached by several other tenants who demanded to know what had happened between Ross and me, and the encounters were not particularly pleasant – the questions weren’t simply questions, they felt like challenges. I had to remind them that it didn’t concern them, and that the matter was being handled by the District Attorney’s office. Interestingly enough, a couple of black tenants made supportive comments during that period of time – telling me that they disliked the gossiping and ugly talk Mr. Ross’s friends were spreading around the building. They also commented on the strong division in the building across racial lines. The trial was adjourned twice over the summer and fall. The District Attorney’s office met with my witness and me to collect our statements; we were told in July that they were having trouble getting Ralph Garcia, Director of Security at Kenmore Hall, to submit the segment of video from the surveillance cameras that showed the assault, as he promised me he would do if it was subpoenaed. The copy of the video was finally received at the D.A.’s office the day after one of the adjourned trial dates in August. During this entire time, no one from H.S.I. management contacted me to find out how I was or anything about the case. On July 1st, though, I came home to find that a memo had been placed on all the doors in my hall regarding management’s intention to take legal action against tenants continued to throw trash out the windows of the building, signed by Dan Danaher. I was outraged, and responded in writing immediately. That letter is included later in this post. Danaher has never responded to my letter. Over the fall, commentary on the matter by other tenants mostly trickled off, but one evening another tenant asked me if I wouldn’t accept an apology from Ross and drop the case. He’d apparently been asked to relay the outrageous message by Ross himself. Ross pleaded guilty to the assault charge on December 8, and the result is that I have a permanent order of protection against him and he has a class B criminal misdemeanor on his record. Instead of going to jail, he has to serve five days of community service. He gets to stay in the building because H.S.I. apparently doesn’t feel that his attack on me merits his being evicted. According to the District Attorney’s office, Mr. Ross’s sentence to do community service rather than being sent to jail was based on his not having been arrested within the past 8 years (although he has had legal problems in the past), and the segment of video they’d reviewed which showed various people walking around a variety of floors in the building. Both Ralph Garcia and Mollie Mattimore have told me that they both viewed the video records taken from the surveillance cameras, and that what was sent to the D.A.’s office definitely showed the assault. When I asked Garcia and Mattimore why it took so long to deliver the tape to the D.A.’s office, and why it didn’t show the actual assault, they told me a ridiculous story about the subpoena arriving at H.S.I.’s Park Avenue offices during Garcia’s vacation addressed directly to Mr. Garcia rather than being addressed to him as a staff member of H.S.I., and it not being opened or dealt with until his return because they didn’t realize it was pressing business that directly concerned H.S.I. Mattimore claims that Garcia often receives mail regarding legal cases involving tenants who have moved out of H.S.I. properties, and that they assumed that this correspondence involved one of those cases. She also mentioned that Dan Danaher had noticed it when it arrived. Garcia claims he hand-delivered the subpoenaed video to the D.A.’s office as soon as he returned from his vacation. I find it interesting that Danaher’s name came up in this conversation, not only because it sounds like an interesting way to pass the blame on to another staff member, but also because I had complained to Danaher about his “flying trash” memo at the beginning of July. Mattimore also told me that while she wishes that Ross could be removed from the building, it’s very difficult to evict tenants unless they owe phenomenal amounts of back rent and don’t have the means to pay up. That doesn’t sound completely accurate, though. For example, DHCR’s Section 8 tenant package contains a list of rules and regulations concerning tenant conduct while they’re receiving the Section 8 subsidy. Item four on the second page of this list prohibits tenants from engaging “in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.” Hmmm. Ross has pleaded guilty to a violent criminal act against me. I certainly haven’t had much “peaceful enjoyment” since the assault. The only way I can effectively enforce the order of protection is if he violates it – then I can call the police and have him arrested again - but who in their right mind would want to have to endure another attack? So what’s the problem with getting him out of the building? Kenmore Hall is not a long-term housing solution for me. It was never intended to be more than a transitional solution while I find employment and better housing. I’d rather be living in a one or two bedroom apartment in Brooklyn, frankly, and I’ve been pursuing that. While I don’t want to be here any longer than absolutely necessary, I also don’t want to move out in haste just to get away from a criminal who has victimized me. When I move out, it has to be a stable, upward move, not a lateral or insecure move. Here is the body of the letter I sent to Danaher in July: July 1, 2010 Dan Danaher, Director of Operations H.S.I. / Housing and Services Inc. 461 Park Avenue New York NY 10010 FAX: 212-252-9322 RE: Memo regarding disposal of trash Danaher; When I returned home to Kenmore Hall last night, I found a copy of your memo stating that management has received complaints from community members about trash being thrown out Kenmore Hall’s windows, and that management will “immediate initiate legal proceedings against said tenant(s)” tucked in my door (#11J). While I appreciate the seriousness of the situation and the need to ensure that all tenants are put on notice about it, I found the memo offensive for several reasons. Your memo states that throwing garbage out the windows at Kenmore Hall is both unacceptable and dangerous, but is it any more unacceptable and dangerous than the vicious assault on me by another tenant that took place in the building on June 1st? Timothy Ross and his girlfriend attacked me on an elevator that evening, and pursued me up the hallway, punching me repeatedly in the head and neck, hard enough for me to see stars – and if it hadn’t been for the intervention of another tenant, I doubt very much that the attack would have stopped before I was severely injured. Most of the attack took place in a hallway on camera and was recorded on the surveillance tapes, and took over five minutes. The desk staff on duty at that time did nothing to intervene; I understand that they are not security officers, but they didn’t even bother to call 911. I called the police myself and filed a police report and had the other tenant arrested. We’ll be in court in August. So much for safety and acceptable behavior in the building; the security cameras are basically useless when violent behavior that is completely visible to the staff who are supposed to be monitoring activities in the building isn’t acted on immediately and effectively. I realize that H.S.I. has a commitment to providing housing to low-income people, and that part of its mission includes helping provide stable housing to ex-offenders and people with substance abuse problems. I was told when I was interviewed as a candidate for housing here that there were tenants with active drug abuse problems in the building, but I was led to believe that one of the conditions of their tenancy was that they be actively involved in some type of rehabilitation program, but that what tenants do in their rooms with the doors closed tends to be overlooked. Over the past year, I’ve repeatedly smelled marijuana and other drugs seeping out from under other doors at my end of the hall. It’s revolting and unpleasant, and proves a point that regardless of whether their doors are shut or not, fumes are able to seep around the door frames into common areas. I’ve encountered severely intoxicated tenants in the halls, elevators, lobby and loitering by the front door so many times I’ve lost count; they may be consuming their drugs and alcohol in private, but their intoxicated behavior (which includes urination on the floor of the community room, up the hall of the second floor and in the elevators – as well as lewd and hostile comments to me and other tenants) becomes a public issue once they leave their rooms, and it’s unacceptable to me. I have to be constantly on guard on my way in and out of the building; I refuse to subject the decent people I know outside the building to the conditions inside the building – which restricts my right to entertain friends at home – and I would never consider bringing my minor son to visit me in this building again after having been assaulted on June 1st because it would be irresponsible and negligent for me to expose my son to a potentially dangerous situation – and this interferes with and restricts my ability to have free contact with a blood relative. Based on my experiences at Kenmore Hall over the past year, it would appear that the rights and freedoms of tenants conducting illegal activities are made a higher priority than those of the decent, law-abiding tenants. Will H.S.I. ever take responsibility for this and make the building a safe place for ALL tenants? I’m not the first person to be physically attacked in the building, and I’m sure I’m not the last – and meanwhile, we’re being given notices about the dangers of throwing trash out windows. This memo is very similar to one distributed by Hania Schwartz several months ago. If there’s a need to revisit the issue, then I think it’s safe to assume that the problem is an ongoing one and that it hasn’t been solved yet. Why hasn’t it been, and why would distributing another memo threatening legal action against offenders have any more impact than the original one? Was it necessary, at a time when funding cuts to non-profit organizations are adversely affecting services and quality of life in the building, to spend the money and resources to photocopy over 300 copies of the notice in order to provide a copy for each tenant? I sincerely hope that dangerous conditions in the building improve in the very near future. My recommendation to Kenmore Hall tenants who encounter problems in the building – especially if it involves being the victim of a violent crime – is to report it to the appropriate agency or authorities as quickly as possible. Talk to management and caseworkers if you feel you need to, but don’t leave it to them to do the right thing. Document as much as you can, make copies and keep it organized. Follow up until you get at least some level of satisfaction. This may be “just” an S.R.O., but we all have stabilized leases. That’s a legally binding contract between the landlord and tenants; as long as you’re complying with your contractual obligations, you’re entitled to your rights. If you’re getting Section 8 assistance with your rent, you have an additional agency you can contact regarding problems.

FROM THE HPD WEBSITE Improving the quality of housing in New York City ENFORCEMENT SERVICES ONE TEAM... ONE GOAL MICHAEL R. BLOOMBERG, Mayor RAFAEL E. CESTERO, Commissioner nyc.gov/hpd Complaints? Call 311 • nyc.gov/hpd The City of New York DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT Offi ce of Enforcement and Neighborhood Services MICHAEL R. BLOOMBERG, Mayor RAFAEL E. CESTERO, Commissioner Division of Code Enforcement Offi ce Locations & Contact Numbers Bronx: 1932 Arthur Avenue (3rd Floor) Bronx, NY 10457 (718) 579-6790 Brooklyn: 701 Euclid Avenue Brooklyn, NY 11208 (718) 827-1942 210 Joralemon Street (Room # 806) Brooklyn, NY 11201 (718) 802-3662 Manhattan: 94 Old Broadway (7th Floor) New York, NY 10027 (212) 234-2541 Queens: 120-55 Queens Boulevard (1st Fl.) Kew Gardens, NY 11424 (718) 286-0800, (718) 286-0808, (718) 286-0809 Staten Island: Borough Hall (2nd Floor) St. George, NY 10301 (718) 816-2340 Tenant Information Message Service: (212) 863-8307 1 The New York City Department of Housing Preservation and Development (HPD) is the leading municipal developer of affordable housing in the nation. In February 2006, Mayor Michael R. Bloomberg announced his new housing agenda, The New Housing Marketplace: Creating Housing for the Next Generation, the largest investment in the City’s housing stock in 20 years that continues the City’s commitment to housing preservation and community development activities. It is a $7.5 billion plan to create and preserve more than 165,000 homes and apartments in neighborhoods by 2013. HPD protects existing housing stock and expands housing options for New Yorkers as it strives to improve the availability, affordability, and quality of housing in New York City. As part of our efforts to preserve affordable housing, HPD is responsible for ensuring that building owners comply with the City’s Housing Maintenance Code and the New York State Multiple Dwelling Law. These are the regulations that provide the minimum housing standards for residential buildings in New York City. This publication introduces both tenants and owners to how Enforcement Services preserves and protects housing in New York City. Tenants may come into contact with HPD’s Enforcement Services, which includes the Division of Code Enforcement and Division of Maintenance, when they contact us about conditions in their building. Building owners may come into contact with HPD’s Enforcement Services for assistance with preserving, maintaining, or improving their buildings. Introduction 12 The law requires that owners of all multiple dwellings [three or more units] fi le an annual Multiple Dwelling Registration form with the Department of Housing Preservation and Development. Owners of private one- and twofamily homes are only required to register when neither the owner nor any family member occupies the dwelling. Filing a an annual Multiple Dwelling Registration form may provide owners with notice and an opportunity to correct housing maintenance complaints and emergencies before HPD issues violations and performs emergency repairs. The Registration Assistance Unit helps owners who have questions or need guidance with the registration process. Staff members are available to aid owners, Monday to Friday, 9:30 a.m. to 4:00 p.m. Owners who need assistance may come in person, call 212-863-7000 for help, or visit the HPD web site at www.nyc.gov/hpd. The HPD website now contains an Online Registration Assistance feature that will allow an owner to fi ll out their property registration statement online. Registration Assistance Unit Staff from the Registration Assistance Unit. 11 Violation That May Trigger Emergency Repairs is Identified HPD’s Emergency Repair Program may repair the condition and bill the building owner Emergency Repair Order generated Emergency Service Bureau owner callback Owner Agrees to Repair? Tenant callback after repair period Repaired? Emergency Repair Closed Owner Contests Bill? Research and Reconciliation Unit reviews Decision? NO Approves Contestation Rejects Contestation YES YES NO NO YES Bill Reduced Bill Stands Owner Pays Enforcement Services Flowchart Part 2 Housing Maintenance Complaint Condition Warrants a Violation? Notice of Violation sent to last validly registered owner Condition Immediately Hazardous? Violation Properly Corrected and Certified? A uniformed Code Enforcement Inspector may inspect your apartment Tenants may initiate legal action against the landlord in Housing Court HPD’s Emergency Repair Program may repair the condition and bill the building owner NO NO YES NO Complaint Closed YES Property Owners/ Managing Agents must annually register their buildings with HPD. YES Violation Closed 2 Enforcement Services Flowchart Part 1 Housing Inspectors Housing Inspectors are a vital link to the public. Our more than 400 uniformed Housing Inspectors play a key role in improving the quality of housing in New York City. They respond to many complaints fi led with the City’s Citizen Service Center at 311. No matter why they are called, Housing Inspectors will inspect for the following six conditions during all apartment inspections: • Peeling paint [if a child under age six resides in the apartment] • Illegal double-cylinder locks that require a key for exit at apartment entrance doors • Illegal bars or gates at any egress window • Defective or missing window guards [if a child under age eleven resides in the apartment] • Defective or missing smoke alarms • Defective or missing carbon monoxide alarms Housing Inspectors can communicate in 150 languages. Many Housing Inspectors are bilingual and speak languages that include Arabic, Bengali, Cantonese, Creole, French, Hebrew, Italian, Mandarin, Polish, Russian and Spanish. For those Housing Inspectors who do not speak your language, HPD has a telephone service that links them to interpreters who will translate any one of over 150 languages. Housing Inspector speaking with tenants about apartment conditions. 3 10 Research and Reconciliation Unit Emergency Repair charges incurred by HPD when repairing violations are billed to the building owner. Charges that are not paid become a tax lien against the property. The administrative staff of the Research and Reconciliation Unit review and make determinations of protested emergency repair charges. Protests must be in writing. The protest letter (with all supporting documents) should be forwarded to the HPD ERP Research and Reconciliation Unit,100 Gold Street, 4th Floor, New York, NY 10038. The Research and Reconciliation Unit can also be reached at 212-863-6020. Protest determinations made by HPD’s Research and Reconciliation Unit are put in writing and mailed to the owner. A lead abatement technician cleans up a contaminated site using a special wet vacuum. 9 Emergency Repair Program 4 Housing Inspectors In order to access this telephone service and obtain a translator, a Housing Inspector may ask to use your telephone. There will be no charge for this phone call. Housing Inspectors provide service to the public 24/7 throughout the five boroughs. Our Inspectors’ shifts provide coverage 24 hours a day, 365 days per year. In fact, most Housing Inspectors work evenings and weekends. There is a Code Enforcement offi ce in each borough. In order to better serve the public, a Public Interviewer, who is a Housing Inspector, is assigned to each Code Enforcement Borough Offi ce. The Public Interviewer is responsible for providing assistance to the public and answering questions concerning specifi c Code Enforcement actions or issues. We depend on your cooperation to do our work. If you have reported what you believe to be an unsafe condition in your apartment, it is very important that you provide access to Housing Inspectors, so that necessary inspections can be performed. Housing Inspectors may write violations for conditions or problems that were not noted in the original complaint. Correcting Violations Housing Inspectors issue three classes of Violations. Class A Violations are considered non-hazardous, and owners have 90 days to correct the condition. Class B Violations are hazardous, and owners have 30 days to make necessary corrections and repairs. Class C Violations are immediately hazardous, and owners have 24 hours to correct the violations. One exception to the 24-hour time limit is lead-based paint hazard violations, for which owners have 21 days to correct. Owners who receive notices of violations should pay attention to correction and certifi cation dates listed. If you have received a notice of violation, you may contact your borough Code Enforcement offi ce for more detailed information on correcting and certifying violations. The Emergency Repair Program (ERP) may perform emergency repairs to correct a Class C immediately hazardous violation that is not corrected by the owner. Prior to the actual performance of an emergency repair, technical staff from the Division of Maintenance or a private contractor hired by HPD will inspect the violation and create a “scope of work.” The scope of work details all of the work that must be performed in order to address the immediately hazardous condition. After the scope of work is created, the Division of Maintenance will dispatch technical staff or hire a private contractor to perform the emergency repair. Some repairs involve environmental hazards like lead and asbestos. The Division of Maintenance’s Bureau of Environmental Hazards is comprised of staff that is specially trained to remove and test environmental hazards. In order for repairs to be performed in a timely fashion, it is vital that tenants provide access to technical staff and contractors. The law requires tenants to provide landlords with access to make repairs, provided that such access is at a reasonable time and in a reasonable manner. An abatement technician with appropriate protective gear removes paint from a wall. 8 Emergency Services Bureau If a Housing Inspector issues class C immediately hazardous violations that call for emergency repair, the Emergency Services Bureau will attempt to contact the building owner and occupants. This process is an effective tool in getting serious violations corrected swiftly. The Emergency Services Bureau attempts to call owners after these “emergency repair generating” class C violations are issued and provides notice of the violations and impending emergency repair. The Emergency Services Bureau reaches out to the last validly registered owner. Owners who fi le an annual up-to-date Multiple Dwelling Registration form may be notifi ed of class C emergency repair generating violations before emergency repairs are performed by HPD. This is another reason why fi ling an annual Multiple Dwelling Registration Form with HPD is important and benefi cial to owners. The Emergency Services Bureau also attempts to call the complainant or tenant affected by the immediately hazardous condition to see if the condition has been corrected. An emergency repair will be cancelled only if the complainant or tenant verifi es that the condition has been corrected. Emergency Services Bureau staff member notifying an owner of an “emergency repair generating” class C violation. 5 Special Services: Lead, Fire, Emergencies & Support HPD’s Division of Code Enforcement has Specialized Inspection Units for matters that require expert attention and skill. These include: The Lead-Based Paint Inspection Program The Housing Inspectors in this program inspect for lead-based paint hazards in apartments where children under the age of six live. The Inspectors are equipped with x-ray fl uorescence [XRF] machines that detect the presence of lead in paint. The Alternative Enforcement Program The Alternative Enforcement Program (“AEP”) is an additional enforcement mechanism that HPD utilizes to enforce the correction of housing maintenance conditions in the most distressed multiple dwellings. The AEP ensures that violations and conditions that caused the violations are corrected. The AEP team is comprised of housing inspectors, construction project managers, community coordinators and support staff that perform inspections, monitor construction work and provide tenants with information and updates pertaining to the dwelling’s status in the AEP. Housing Inspectors use an x-ray fl uorescence analyzer to detect lead in the paint on a wall. 7 Call Back Units: Responding to Owners and Tenants Owners who respond quickly to occupant complaints are vital to maintaining the quality of housing in New York City. Our Owner Call Back Unit staff contacts owners and notifi es them when an emergency complaint is fi led at 311, the City’s Citizen Service Center. Our goal is to obtain rapid owner response through early notifi cation. Shortly after being advised of an emergency complaint, the Owner Call Back Unit reaches out to owners by contacting them with the phone number they supply on the Multiple Dwelling Registration form for a given building. The Owner Call Back Unit contacts the last validly registered owner. Owners that fi le an annual up-to-date Multiple Dwelling Registration form may be notifi ed of housing maintenance complaints soon after the complaint is reported and before an inspection is performed by HPD. This is one reason why fi ling an annual Multiple Dwelling Registration with HPD is important and benefi cial to owners. The Tenant Call Back Unit calls the complainant or tenant to determine if the conditions complained of have been corrected. If the complainant or tenant cannot be reached, or if he or she claims that the condition still exists, a Housing Inspector may be dispatched to the location to undertake an inspection. Owners are not advised when or if an inspection will be performed. If the complainant or tenant states that the conditions referred to in the complaint have been corrected, the complaint is closed. 6 Special Services: Lead, Fire, Emergencies & Support Special Enforcement Unit The Housing Inspectors in the Special Enforcement Unit respond to fi res and perform inspections to determine whether affected apartments are habitable. Working with real property managers, the Unit monitors repair work and maintains contact with occupants and owners until the apartments are fi t for habitation. Emergency Response Unit Housing Inspectors assigned to this Unit respond to emergencies such as buildings that collapse. This unit provides coverage 24 hours a day and is able to perform late night and early morning inspections when needed. City-Wide Inspection Unit This Unit conducts re-inspections at Single Room Occupancy buildings (SROs), responds to tenant complaints and supports other Bureaus and Divisions of HPD as well as other city agencies, including the Department of Homeless Services and the Human Resources Administration. Special Enforcement Unit Staff assisting a tenant returning to a vacated apartment that had been restored to habitability.

In case you were wondering what H.S.I.'s privacy policy regarding Protected Personal Information (that's YOUR information, stored in their case files!) is, read the following. You might also want to limit what you tell your case worker or any other staff member, unless you really don't care who knows your personal business.

Protected Personal Information (PPI) Privacy Policy Introduction The policy covers the collection, use, and maintenance of Protected Personal Information (PPI) for the tenants of HSI, as an organization affiliated with the NYC Coalition on Continuum of Care (CCoC). PPI is any personal information we maintain about a tenant that: a. allows identification of an individual directly or indirectly; b. can be manipulated by a reasonably foreseeable method to identify a specific individual; c. can be linked with other available information identifying a specific tenant. HSI adopted this policy because the Department of Housing and Urban Development issued standards for Homeless Management Information Systems. We intend our policy and practices to be consistent with those standards. (See 69 Federal Register 45888, (July 30, 2004)). This policy informs our tenants, our staff and others how we process personal information. We follow the policy and practices described in this privacy policy. The policy and practices may be amended at any time. Amendments may affect PPI that we obtained before the effective date of the amendment. HSI provides a written copy of this privacy policy to any individuals who ask for it. HSI maintains a copy of this policy on our website at www.hsi-ny.org Process HSI collect PPI only when appropriate to provide services or for another specific purpose of our organization or when required by law. We may collect information for these purposes: a. to provide individual case management; b. to produce aggregate-level reports regarding use of services; c. to track individual project-level outcomes; d. to identify unfilled service needs and plan for the provision of new services; e. to conduct research for consulting and/or educational purposes; and f. to accomplish any and all other purposes deemed appropriate by the CCoC. We only use lawful and fair means to collect PPI, normally collect with the knowledge or consent of tenants. If a tenant seeks our assistance and provide us with PPI, HSI assumes you consent to the collection of information described in this Policy has been granted. Data is shared with the NYC Department of Homeless Services (DHS), Planning, Development & Grant unit, the agency appointed by the CCoC to manage all PPI HSI records about our tenants. DHS is required to maintain the confidentiality of the data, and has a privacy policy that is available to the public. To inform tenants, HSI post signs at our intake at our intake desk explaining the reason we ask for PPI. The sign says: We collect personal information about homeless individuals in a computer system called a Homeless Management Information System (HMIS) for reasons that are discussed in our privacy policy. We may be required to collect some personal information by law or by organizations that give us money to operate this program. Other personal information that we collect is important to run our programs, to improve services for homeless individuals, and to better understand the needs of homeless individuals. We only collect information that we consider to be appropriate. If you have any questions or would like to see our privacy policy, our staff will provide you with a copy. Usage and Disclosure HSI discloses PPI for activities described in this part of the policy. HSI may or may not make any of these uses or disclosures of your PPI. HSI assumes that your consent to use or disclosure of your PPI for the purposes described below and for other uses and disclosures that we determine to be compatible with these uses or disclosures: i. to provide or coordinate services to individuals; ii. for functions related to payment or reimbursement for services; iii. to carry out administrative functions such a s legal, audits, personnel, oversight and management functions; iv. to create de-identified (anonymous) information; v. when required by law to the extent that use or disclosure complies with and is limited to the requirement by law; vi. to avert a serious threat to health an safety if: vii. appropriate HSI staff believe that the use of our disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public; and viii. the use of disclosure is made to a person reasonably able to prevent or lessen the threat, including the target of a. the threat. ix. to report about an individual HSI reasonably believe to be a victim of abuse, neglect or domestic violence to a government authority (including a social service or protective service agency) authorized by law to receive reports of abuse, neglect or domestic violence in any of the following three circumstances: x. where the disclosure is required by law and the disclosure complies with and is limited to the requirements of the law; xi. if the individual agrees to the disclosure; or xii. to the extent that the disclosure is expressly authorized by statute or regulation and either of the following are applicable: a. HSI staff believes the disclosure is necessary to prevent serious harm to the individual or other potential victims; or b. if the individual is unable to agree because of incapacity, law enforcement or other public official authorized to receive the report represents that the PPI for which disclosure is sought is not intended to be used against the individual and that an immediate enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; c. When making a permitted disclosure about a victim of abuse , neglect or domestic violence HSI will promptly inform the individual who is the victim that the disclosure that a disclosure has been or will be made, except if: xiii. in the exercise of professional judgment, HIS staff believe informing the individual would place the individual at risk of serious harm; or xiv. ii. HSI staff would be informing a personal representative (such as a family member or friend) and staff reasonably believe the personal representative is responsible for the abuse, neglect or other injury and that informing the personal representative would not be in the best interests of the individual as we determine in the exercise of our professional judgment. xv. h. to a law enforcement official for a law enforcement purpose consistent with summons issued by a judicial officer, or a grand jury subpoena; i. is signed by a supervisory official of the law enforcement agency seeking the PPI; ii. states that the information is relevant and material to a legitimate law enforcement investigation; iii. identifies the PPI sought; iv. is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and v. states that de-identified information could not be used to accomplish the purpose of disclosure; xvi. iii. if HSI staff believe in good faith that the PPI constitutes evidence of criminal conduct that occurred on our premises; xvii. in response to an oral request for the purpose of identifying or locating a suspect, fugitive, material witness or missing person and the PPI disclosed consists only of name, address, date of birth, place of birth, social security number and distinguishing physical characteristics; or xviii. if: a. the official is authorized is an authorized federal official seeking PPI for the provision of protective services to the President or other persons authorized by 18 U.S.C. 3056, or to foreign heads of state or other persons authorized by 22 U.S.C. 2709 (a) (3), or for the conduct of investigations authorized by 18 U.S.C. 871 and 879 (threats against the President and others); and b. the information requests is specified and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought. xix. to comply with government reporting obligations for HMIS and for the oversight of compliance with HMIS requirements. xx. to third parties for the following purposes: xxi. to permit other systems of care to conduct data matches (ie. to determine if you are also utilizing services from such other systems of care);and xxii. to permit third party research firms and/or evaluations to perform research and evaluation services in a. connection with the programs administered by the CCoC and the other agencies; provided that before PPI is disclosed under the subsection, the third party that will receive such PPI and use it as permitted above must first execute a Data Use & Disclosure Agreement requiring such third party to comply with all applicable laws and regulations, including the privacy standards and disclosure provisions contained in the Department of Housing and Urban Development Homeless Management Information Systems; Data and Technical Standards Final Notice (see 69 Federal Register 45888 (July 30, 2004)), which such standards and provisions are reflected herein. Before HSI makes any use of disclosure of your PPI that is not described herein, we will seek tenants consent first. Inspect and Correct PPI Tenants may inspect and have a copy of your PPI that HSI maintains. Requests for inspection of PPI must be documented in a progress note. HSI staff will offer to explain any information that you may not understand. HSI will consider requests from tenants for correction of inaccurate or incomplete PPI that is maintained. If HSI agrees that the information is inaccurate or incomplete, it may be deleted or we may choose to mark it as inaccurate or incomplete and to supplement it with additional information. The correction will be documented in a progress note. HSI may deny your request for inspection or copying PPI if: i. the information was compiled in reasonable anticipation of litigation or comparable proceeding; ii. the information is about another individual (other than a health care provider or homeless iii. provider); iv. the information was obtained under a promise of confidentiality (other than a promise from a health care provider or v. homeless provider) and if the disclosure would reveal the source of the information; or vi. disclosure of the information would be reasonably likely to endanger the life or the physical safety of any individual. If HSI denies a request for access or correction, we will explain the reason for denial and document the same in a detailed progress note. HSI will also include, as part of the PPI that we maintain, documentation of the request and the reason for the denial. HSI may reject repeated or harassing requests for access to or correction of PI. Data Retention HSI collect only PPI that is relevant to the purposes for which we plan to use it. To the extent necessary for those purposes, HSI seeks to maintain only PPI that is accurate, complete and timely. HSI will dispose of PPI not in current use seven years after the information was created or last changed. As an alternative to disposal, HSI may choose to remove identifiers from the PPI. HSI may keep information for a longer period if required to do so by applicable statute, regulations, contract or other requirement. Complaints and Accountability All HSI staff (including employees, volunteers, affiliates, contractors and associates) are required to comply with this privacy policy. Each staff member must receive and acknowledge receipt of a copy of the privacy policy. HSI accepts and considers questions or complaints about HSI’s privacy and security policies and practices. Tenants may make an appointment with the Program Manager to discuss any questions or concerns they have about this policy. In the event that tenants’ question or complaint is not sufficiently addressed through this organization, you may take your concerns to the Grievance Committee at the CCoC. Individuals will submit grievances in writing to the co-chairs. The co-chairs will pass the grievance to the Grievance Committee of the CCoC. Individuals will submit grievances in writing to the co-chairs. The co-chairs will pass the grievances to the Grievance Committee, which will review it and make a recommendation back to the co-chairs. The co-chairs will make the final decision about the outcome and notify you. More information about this Committee can be found at www.NYC.Homeless.com.

A number of Kenmore Hall tenants have been having problems with the H.S.I. social service staff since roughly May 2013. The issues include: · the closing of the community room at midnight and the lobby at 1:00, prohibiting tenants from having the 24 hour access they’d all been accustomed to for many years (this is allegedly because a number of fights between tenants had broken out, and rather than ban the fighting tenants, all tenants are deprived of the use of common areas that would be a relief from the close quarters in the tiny “studio” apartments) · commencing monthly “home visits” by social workers; social workers haven’t communicated clearly why these home visits are at all necessary, but the widespread lie the social workers tell tenants is that they signed a consent form as part of their original packet of material when they moved in. Nobody recalls signing a consent form like that, and nobody who’s asked to see the form has been allowed to see it. · Some tenants have been given peculiar health forms to sign, including one tenant who was given an HIV consent form to sign. Most people are refusing to sign them. · Tenants seeking relief from problems in their units like severe infestation by mold or roaches are told that they themselves are the cause of the problem, even if they don’t have food lying around in the open and have been filling out work orders requesting help getting rid of the problem · Tenants who call 311 about heat/hot water and other issues are told that H.S.I. can’t afford one more violation, that the tenants must not call 311 again or there will be a legal retaliation, and then tenants are banned from going on movie trips with the social director. Tenants who resist submitting to the new rules are told that they are: · Mentally ill · Hoarders · Nuisances, and subject to legal action, including possible eviction · Having a nasty attitude toward case workers · In need of help from Adult Protective Services (APS) Please keep in mind that the commentary about the tenants’ frame of mind comes from case workers who are usually at least 20 years younger than most tenants, and who don’t display their academic affiliation and which degrees they’ve earned.

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Next time your case manager tries to bluff you into thinking you signed a consent to have them do a monthly home visit, ask to see that consent form. Then ask them if they're familiar with the old house rules form, which is the only other form most of use signed aside from our leases. Go read your lease CAREFULLY, by the way - it's a standard rent stabilized lease and says absolutely NOTHING about home visits or any other social services they're trying to coerce tenants into agreeing to. This is a verbatim transcript of the text of the house rules as of April, 2008. The formatting is slightly different. Kenmore Hall House Rules and Regulations Revised 8/26/02 VISITORS 1. Visitors will be allowed to enter the building before 11:00 p.m. and after 8:00 a.m. 2. Management reserves the right to deny access to any visitor at any time and to photograph any visitor at the time of sign-in. 3. Failure to comply with the following rules may lead to visitors being escorted from and/or barred from the building at the discretion of management. 4. All visitors are required: a. To leave a valid picture identification at the front desk prior to entering Kenmore Hall b. To sign in and out of the guest logbook located at the front desk. c. To carry a guest pass for the designated floor on which their host lives. d. To remain with their host tenant at all times. e. To adhere to the rules and regulations of Kenmore Hall. 5. Acceptable photo IDs include valid driver’s license, NYS non-driver’s ID, employment ID, passport, current welfare card, and/or any other valid photo ID issued by a government agency. 6. Children under the age of 18 years must be accompanied by an adult at all times, and must leave the building by 11 p.m. FACILITY REGULATIONS 7. Consumption of alcohol or illegal substances, and smoking are prohibited in common areas. 8. No pets are allowed. 9. Loud noise between the hours of 11 p.m. and 8 a.m. will be investigated and may be grounds for termination of the lease. Excessive noise, which disturbs others, will not be tolerated at any time. 10. No soliciting, congregating, or trespassing is allowed in or around the building perimeter. 11. Foul language, fighting, or other disruptive behavior will result in a security intervention. 12. Keys are the sole responsibility of the tenant. The fee to replace the key is ten dollars. Management reserves the right to retain a copy of the key to your apartment for emergencies, inspections, exterminating and room repairs. 13. Tenants must cooperate with building personnel who conduct regular apartment inspections and smoke alarm tests to ensure compliance with federal quality housing standards. 14. All trash must be placed in plastic bags. Only household trash may be thrown down the chute located near the elevator on each floor. Rinsed recyclable items must be placed in the blue bins next to the chute. 15. Portions of the building are permanently off limits to tenants. They are clearly indicated by posted signs and include the roof, basement, fire tower stairs, or emergency exits located at the end of each stairwell. Management may temporarily restrict other areas. 16. Stairs, which are marked as Stairwell A and Stairwell B are not to be used to enter or leave the building except in the event of an emergency. 17. Tenants planning to move must notify the management in writing a minimum of thirty days in advance. 18. Rent payments are due the first of the month. INFORMATION: 19. The Community Lounge, Library and Exercise Room, located on the second floor, are open daily from 9 a.m. to 11 p.m. unless otherwise noted. Please help keep them clean. 20. Designated hours for moving large objects in or out of the building are 10 a.m. to 4 p.m. Please notify management two days in advance of the move. 21. When repairs are needed in your apartment, please fill out a Work Order Form at the Front Desk. Indicate on the form a time during normal business hours when you will be available to grant access or leave a Room Access Form. Normal maintenance requests will be handled on a priority basis. Emergency repairs will be handled immediately. 22. Laundry facilities are located on every other floor. They are open daily between 6 a.m. and 11 p.m. Their usage is for tenants only. Tenants must provide their own laundry detergent. Kenmore Associates are not responsible for the operation or maintenance of laundry machines or for change lost in the machines. If machines malfunction, report the problem immediately to the Front Desk staff. They will contact the vendor and schedule service. 23. Kenmore Associates is not liable for tenant’s personal property. Tenants are encouraged to purchase renter’s insurance to protect their belongings. 24. The Rent Payment Office on the second floor accepts rent from 9 a.m.-2 p.m. Mon-Fri. No cash is accepted. Checks or money orders should be made payable to Kenmore Assoc., L.P. 25. In case of fire, call 911 immediately, then notify management. Do not use the elevators. Please take the time to review the evacuation plan attached to your lease packet, and familiarize yourself with the locations of the emergency exits nearest your apartment. 26. Each floor is supplied with fire extinguishers for emergency use only. Signature: __________________________________________________________________Date: _________

The lobby and community room should not be closed to all tenants at night because a few tenants have created problems. Ban the problem tenants, and restore full access to everyone else. Access to common areas of the building is a (legal) right, not a privilege, but tenants are also entitled to peaceful and quiet enjoyment of the premises. Problem tenants should have their public behavior restricted – rather than restricting non-offending tenants. Certain problem tenants drink publicly in the lobby and community room on a regular basis, and then become loud and belligerent toward other tenants who are minding their own business.  This behavior is tolerated by management and staff, despite the fact that they make other tenants extremely uncomfortable. They “perform” on camera for hours on end, and the lobby staff has to be aware of it because the activity is so loud. Why is this tolerated? It wouldn’t be in any other building. Management seems to favor tenants with severe drug and alcohol problems, or at least turn a blind eye toward negative public behavior. The alleged “mandatory,” building-wide room inspections on a monthly basis are illegal and invasive. Kenmore Hall is NOT a shelter or assisted-living institution; it’s an S.R.O. Tenants here are protected by rent stabilization laws. Our leases are legal contracts that provide us with rights and protections according to federal, state and city real estate laws. H.S.I. can put anything they want to in writing, or agree to make an appointment, but that doesn’t take priority over law, and tenants have the right to question and contest arbitrary regulations. Why does the Clinical Director seem to think that it’s acceptable to assume that all tenants in the building are in “programs”? That’s a form of profiling, and it’s extremely offensive. Some tenants are here because they have larger issues (alcoholism, drug addiction, mental illness, incarceration) that aggravate poverty. Some other tenants actually have jobs, though, and others are merely poor and trying to put their lives back together. Not all of us have the kind of problems/issues that require participation in a “program.” HOWEVER, some of the more problematic tenants, who disrupt life on a regular basis for everyone else, aren’t in programs of any sort and appear to need them – if not to actually help them overcome their problems/issues, then to at least help them learn to respond appropriately to the kind of social cues that would make life easier for the rest of us (for instance, leaving a common area when everyone else there is telling them that nobody wants to listen to their drunken rants or be harassed). Even if it’s not possible to compel someone to participate in a program if they have substance abuse problems, can’t legal measures be taken if they persistently abuse drugs or alcohol in public and disturb other tenants’ right to peaceful use of common areas?

GUESTS

You have the right to have guests and a roommate! Your landlord does not have the legal right to forbid you from having guests. You cannot be prevented from having guests by a lease, or by house rules, or by printed notices in the lobby. For example, in the case of McKenna v. Peekskill Housing Authority, the New York State Court of Appeals said that tenants had a basic right to invite whomever they wished to their homes. Landlords may be able to keep people out only if they have previously conducted themselves improperly or unlawfully. You can also have a long-term guest & a roommate. Section 235-f of New York Real Property Law gives tenants -- including SRO tenants -- the right to have a roommate. Restrictions on roommates can be based only on the size of the room or apartment. In general, an SRO room that is at least 130 square feet (for example, 10' by 13') can have up to two people. A smaller room can have only one person. ____________________________________________ For more information contact: Goddard Riverside Community Center The West Side SRO Law Project 51 West 109 Street New York, NY 10025 212-799-9638 Drop-in Intake: Thursdays, 4p.m. to 6p.m. ¡Usted tiene el derecho de tener huéspedes y un compañero de cuarto! Su casero no tiene el derecho legal de prohibir sus invitados. Reglas de la casa, ni un arriendo, ni una noticia en el vestíbulo puede prohibir invitados. Bajo el caso McKenna v. Peekskill Housing Authority, la corte de apelación de Nueva York dijo que inquilinos tienen el derecho básico de invitar a cualquier persona que desea a sus hogar. El casero si puede prohibir visitas, si la visita se comporta de una manera ilegal o impropia. También se puede tener un compañero de cuarto. La Sección 235-f del Real Property Law de Nueva York le da inquilinos incluyendo inquilinos de cuartos individuales B el derecho de tener compañeros del cuarto. Restricciones solo existen en el caso que el cuarto sea demasiado pequeño. Generalmente, un cuarto tiene que ser más de 130 pies cuadrado (por ejemplo 10’ por 13’) para tener dos personas. Un cuarto más pequeño solo puede tener una persona. Para obtener más información: Goddard Riverside Community Center Proyecto Legal de Cuarto Individuales (West Side SRO Law Project) 51 West 109 Street 212-799-9638 Citas: jueves, de 4p.m. a 6p.m.

LIES - and what to do about them

According to one case worker employed by H.S.I. at Kenmore Hall, the site is an assisted-living facility and according to new rules, all tenants have to submit to once a month home visits from their assigned caseworkers. If they don't cooperate, this constitutes a "nuisance" and they can be taken to housing court on an eviction proceeding. If they don't cooperate, case workers may also contact A.P.S. to have the tenants investigated, and they may have to submit to physical and psychiatric examinations. Insulting? Yes. Outrageous? Feels that way. LIES! THIS IS A LOAD OF CRAP! The social services department is trying to intimidate tenants into cooperating with their need to give us "support" so they can bill government agencies for "services" so they can get more funding. It's not about TENANTS, it's about MONEY. Look at the post on January 19 on this blog - it has H.S.I.'s privacy policy, downloaded from their website. It discusses all the ways they want to gather personal information about tenants and share it with other agencies, and H.S.I. pretends that they've got it posted publicly and that tenants are aware of it and consent to it. Nobody I've asked has ever seen the document. That's ethically wrong.

September 19, 2014: THE TRUTH - and SOLUTIONS! The case worker who made those claims no longer works for H.S.I. - she's been gone for months now, but she was well-hated by every tenant who had to deal with her because of her obnoxious, disrespectful and overly-aggressive attitude toward tenants. If H.S.I. reports tenants to A.P.S. (Adult Protective Services), the tenants can simply submit a F.O.I.L. request to obtain the report. If you're visited by an A.P.S. worker, be calm and polite and demonstrate that you don't need their services because you're competent. If you can show that you're not in need of their help, they will make a note in their report that you're ineligible for assistance, and that should settle the matter. You don't want A.P.S. "managing" you - they will take complete control of your life in ways you'd never imagine, and it takes forever to get rid of them. (On the other hand, if you find that you're in Housing Court with H.S.I., A.P.S. can advocate for you and make it more difficult to evict you.)

Based on records at city agencies, Kenmore Hall is still classified as a residential apartment building, which means that it has NOT been re-classified as a supportive housing or assisted living facility - which means that we're all still protected by rent stabilization regulations and have full rights as tenants. By the way, if you look up H.S.I.'s annual reports to the NYS Charities Registration, it clearly states that the building is subject to rent stabilization laws. So there.

Mold was a big issue the summer I moved into the building, and still is now. I'm reposting some information below that first appeared on the first blog about Kenmore Hall. About Toxic Mold Learn the truth about toxic mold, symptoms of toxic mold syndrome, how to protect your home and family, and how to test for mycotoxin. Mold is a microscopic organism or fungi that grow in damp environments. There are about 200,000 harmless types of mold; they pose no threat to our health. It’s a good thing most mold is harmless because it is quite omnipresent. It can be found in soil, in the air, and wherever there is moisture, oxygen, and some organic matter. You'll find mold in gardens, on some grasses and weeds, on grains like corn and wheat; it especially likes moist, shady areas. Mold can also be found indoors, in your home or work place. There are four environmental factors that must exist in order for mold to thrive. If you remove any of these items, mold would not be able to survive. Those four factors are: Mold Spores that are circulating in the environment - This is not a problem, since mold spores are literally everywhere they would be impossible to eliminate Food - mold is not finicky! Virtually any substance that is a carbon based organic material will provide sustenance for mold Temperature - mold likes to live in the same temperatures that people like, so our homes will usually provide a very cozy place for mold to “start a family!” Moisture - mold likes it wet. A humidity level of about 70% is required for most molds to grow. Since people usually live in environments that have less humidity, moisture is the one factor (out of the four) that is the easiest to control Toxic Mold in the News So why is mold in the news with stories of exorbitant litigation, serious respiratory illness, asthma, cancer, and the contamination of buildings so damaged they required extensive mold remediation or demolition? A handful of mold types are dangerous and they present a serious health threat if they take hold and multiply in your home. This type of mold is referred to as toxic mold or toxic black mold, and when it multiplies, it sends dangerous spores called mycotoxins into your living environment. These mycotoxins interfere with cell and DNA function, resulting in serious health problems. Official names of these mycotoxins include: trichothecenes, beta glucans, nitric oxides, and aflatoxins. A few of the most dangerous molds are named: stachybotrys mold or black mold, penicillium, and aspergillus; and they have been associated with respiratory illness, skin rashes, memory problems, and brain damage. Diseases are also associated with toxic mold exposure: kidney cancer, esophagus cancer, leukemia, and liver cancer. Physicians are experiencing an increase in patients with toxic mold symptoms. No wonder, it is estimated that mold affects about 25% of the homes in the U.S. Why is the incidence of mold on the rise? We are not entirely certain. However, when you combine building materials like sheetrock with moisture from plumbing leaks, you have a fertile breeding ground for mold. Even without household leaks, contemporary building practices that utilize air-tight construction and energy conservation techniques create a more fertile ground for mold to multiply, since houses such as this do not allow air to readily flow in and out. To make matters worse, modern central heating and air conditioning systems circulate mold spores very efficiently, greatly facilitating their ability to reproduce. Are we creating efficient-modern, toxic buildings? Mold - its hiding places Mold grows best at room temperature, so your house is a perfect place for mold to thrive and mold related allergy and illness to flourish! In your home and basement, a musty smell will let you know that mold has set-up house! Mold can grow on many things, including: tile, grout, wood, paint, plaster, and fabric. Although molds often originate in basements because of the dampness, spores can spread through the rest of your home. Mold spores that are set adrift in your home will find an appropriate place to live and grow, like bathrooms and kitchens which contain adequate food and moisture. Places in your home where mold loves to grow: Air conditioning duct joints that aren’t sealed properly Vinyl wall covering that traps moisture in the drywall Washing machines with no floor drain beneath them Bathrooms that do not have sufficient ventilation Humidifiers that are not cleaned and treated properly Basement walls that are not water proofed from the outside closets Refrigerator drip trays air conditioners garbage pails mattresses foam rubber pillows attics carpets upholstery Types of Mold that Affect Allergies There are only a few different types of molds that cause significant allergy problems in the United States. In general, Alternaria and Cladosporium are the molds most commonly found indoors and outdoors. A list of the molds that are frequently detected includes: 1. Cladosporium - A significant mold allergen, found across the United States. 2. Alternaria - A major allergy-causing mold. Found outdoors. 3. Helminthosporium - Located in warmer southern states and temperate zones. 4. Epicoccum - Similar to Helminthosporium. 5. Penicillium - A common indoor mold often found in musty basements. 6. Aspergillus - A hardy indoor mold that can live in dry conditions. 7. Mucor - An indoor mold and the black mold we see on breads. Symptoms of Toxic Mold Syndrome The mycotoxins produced by toxic mold create environmentally toxic air that affects the body’s myelin, depleting this important substance that covers the nerves. The nerves are thus exposed without protection and fail to function correctly. This affects essential components of the body, including: the immune system, the nervous system, the respiratory system, the skin, and the gastrointestinal system. When toxic mold causes neurological problems, it can be devastating when children are involved, since their brains and other organs are not fully developed. Symptoms of mold poisoning and toxic mold exposure include: memory loss anxiety personality disorders nosebleeds shortness of breath abdominal pain hair loss skin rashes fatigue numbness in extremities headaches mood swings pain in the extremities cough sore throat rectal bleeding tremors fibromyalgia Other symptoms of toxic mold include: destruction of brain tissue, open skin sores, fungal infections, lung diseases such as Aspergilliosis), and chronic sinus problems. How To Protect Against Toxic Mold Knowledge is power, and we do have the power to protect our homes and families against the dangers of toxic mold as long as we take some simple precautions. Here are some proactive measures you can take to protect yourself: Check for water stains - If your present home, or one you are planning to purchase, has ever had a water leak, there is good reason to suspect that mold or black mold may be present. Consider hiring a certified industrial hygienist to test for mold. Measure the humidity in your home - Obtain a humidity sensor and keep track of your household humidity. During the summer when your air conditioning is running, your humidity level should ideally be less than 55%. A level over 55% might indicate leaks in the duct system, or another air conditioner problem. Repair water problems quickly - If you have leaking pipes, water spills, broken gutters, etc., repair these problems without haste. Moreover, make sure to use vent fans in your bathrooms, and keep humidity low by using a dehumidifier. Insurance coverage - Insurance companies usually will not cover toxic mold damage, but the Policy Holders of America is planning to offer insurance for mold and toxic mold. Check them out! FloLogic System - This is a system installed in your home that monitors your water usage. If the system detects water flowing for more than 30 minutes, it shuts the house’s water flow. Managing the exterior of your home - If you have sprinklers, redirect the water flow away from the walls of your home. Try not to landscape with hills if they direct water downward toward your home. Use gutters that direct the flow of water away from your home and keep the gutters free of debris. Air Conditioner Setting – During the summer, set your A/C thermostat to the highest temperature you can bear; a temperature above 77 F would be wise. Setting your thermostat lower could actually cause higher humidity in your home. Why? It lowers the temperature of the materials in your walls, floors, and ceilings. This increases the risk of condensation forming on these components within your home. Ceiling Fans – Using ceiling fans in the summer allows you to tolerate the higher air conditioner settings we discussed above. The fans will make you more comfortable as you lower the risk of condensation forming on the materials in your walls, floors, and ceilings. Windows – Remember those single-pane metal windows that are common in some warmer climates? Water usually condenses on the inside of these windows during the winter. Be careful not to allow this moisture to run off onto materials such as wallboard; remove it on a regular basis. Clean-up Any Mold You find - If you find a patch of mold in your home that is small, less than three feet square, clean it with bleach and water, letting it dry thoroughly. If any larger mold areas are found, contact a toxic mold expert to conduct a professional black mold test. Should You Test Your Home for toxic Mold? Whether or not to conduct toxic mold testing is not an easy question to answer. This is because there are laws that require homeowners to disclose any known environmental issues affecting the quality and safety of the home they are selling. The law does not require homeowners, however, to disclose any “suspected” problems to buyers. Not disclose a known problem is considered fraud! For those who would like an inexpensive and accurate test for mold in their home, go to: Policy Holders of America As you can ascertain at the above web site, Texas Tech University will analyze your mold sample for a nominal fee of $40. Most importantly, they can tell you whether or not there are mycotoxins present in the sample, and to what degree they are present. This is extremely valuable information that can directly affect the health and well-being of your family. It is most imperative to acquire this information before engaging in a costly mold removal effort. Keep in mind, however, that there are more economical mold tests you can perform in your home. ` The following comes from a different source: Mold Basics Guide for New York Landlords and Tenants The following material comes from a website a friend just showed me that looks very solid and useful – check out the RentLaw website for more info. Mold New York Mold Cleanup Mold Basics Search RentLaw.com Mold in New York Housing Before any cleaning work is done the leak has to be stopped which is, of course, the landlord's responsibility. If this fails to get immediate action, follow the steps you would take with any serious repair problem: To report a mold problem in your apartment or common building areas, call the New York City Dept of Health at 311 (or directly to the DOH’s Office of Environmental Investigations at 212-442-3372.) Also report mold and any chronic leaks from pipes, improperly working drains, or roof leaks, to the NYC Dept. Of Housing, Preservation and Development, Central Complaint at 311. See more New York Contact Numbers. You should treat mold as you would any serious repair problem. Write a letter to the landlord describing the problem and the steps you have taken to get the problem fixed. (In other words, if you spoke to the super and showed him the mold, include that in your letter.) Be sure to date the letter, keep a copy and send it to the landlord either by certified mail or with a receipt of mailing. You can include the letter with the rent check if it is close to the time you are paying the rent. Share with the landlord information about mold (see below) so the clean up is properly done. If the landlord fails to act promptly, you can take the landlord to court in an HP Action, file a complaint with the DHCR (complain about reduction in services and ask for a rent reduction – get the forms by calling 718-739-6400 or at www.dhcr.state.ny.us) and/or continue filing complaints by phone with both the city’s housing department and health department. Get advice from Metropolitan Council on Housing or another housing group if you want to take the landlord to court. Take pictures of the mold and the leak condition. If the mold growth was caused by the landlord’s negligence, and has made part of your apartment unusable, or destroyed your personal property you might be able to get an abatement on the rent or money from small claims court for your destroyed belongings. If you hire a mold specialist to inspect your apartment or to do abatement work, keep all the receipts. If you or other household members feel that the mold is affecting your health, seek medical help and keep a record of what the doctor says and any medical bills you have to pay because of the problem. You might be able to get compensated for your expenses by negotiating with the landlord (or suing if that fails). If you think the problem is building-wide and get them involved in as a group to pressure the landlord. Keep in mind that the landlord’s insurance company will want to know about these problems as well. How do I get rid of mold? It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust. The mold spores will not grow if moisture is not present. Indoor mold growth can and should be prevented or controlled by controlling moisture indoors. If there is mold growth in your home, you must clean up the mold and fix the water problem. If you clean up the mold, but don't fix the water problem, then, most likely, the mold problem will come back. Use the search box to find more mold information or a service in your area. Example: Texas Mold Removal or New Jersey Mold The goal of remediation is to remove or clean contaminated materials in a way that prevents the emission of fungi and dust contaminated with fungi from leaving a work area and entering an occupied or non-abatement area, while protecting the health of workers performing the abatement. Portions of this information and advice were collected from the following agencies – contact them for more information or assistance: The New York City Department of Health can provide information about the health effects of mold exposure and information about the safe removal of mold. New York City Department of Health, Office of Environmental Investigations at (212) 442-3372 or the Environmental and Occupational Disease Epidemiology Unit at (212) 788-4290. Copyright © Rentlaw.com The National Landlord Tenant Guide™ All Rights Reserved. Search RentLaw.com Career Center Privacy Statement Terms of Use Contact

Despite what you may hear from staff on the second floor, tenants in our building have rights - and plenty of them - including the right to privacy and quiet enjoyment of their "apartments". For instance, recent efforts by social workers on the second floor to enforce monthly home visits are in direct violation of these rights, according to representativea of Section 8 and other tenant advocacy groups. Moderating a blog that supports and promotes spreading information about tenants' rights also gets tenant advocates in the building banned from using the computer lab (the grounds are that using the computers there to post or read material on the blog is a misuse of H.S.I. or Kenmore Associates' computers). If you have questions or information you'd like to share about resources that will promote the common good of tenants in our building, check here - we'll be adding lots of information soon - or feel free to call Tenant Assistance at 917-512-2733.