Bushwick Housing Independence Project Newsletter

Winter 2013

Putting Families First

Housing Court Reform Update

Volume 1, Issue 3

Special points of interest:

99% of all tenants going to Housing Court do not have legal counsel while 99% of all landlords do. Many tenants agree to terms of stipulations they do not understand because they feel pressured or threatened.

The fight for reform of Housing Court continues. After a summer break, the Brooklyn Tenants United Coalition (BTU) began working hard again in September and October. On Friday, October 19, members of BTU met with the Department of Court Administrative Services (DCAS) to discuss the role BTU would like to have in the decisions to be made concerning the move of Housing Court to a better facility which is to be located at 625 Fulton Street. The lease for the current Housing Court building is up in May of 2015. The new court building promises to be double the size of the current building which should mean better facilities for tenants as well as court personnel. While DCAS did not commit to BTU being a part of the decision making process for the new building, they did agree to do a walk through of the current building with us. This has been put on hold at this time due to Hurricane Sandy but should be scheduled in the coming weeks. BTU has welcomed Mobilization Against Displacement (MAD) into our group. MAD is a smaller coalition of organizations focusing on getting apartment repairs for tenants. We will be working with them on a campaign to strengthen the HP part of Housing Court which is where tenants can bring cases against landlords who do not make apartment repairs. BHIP sent several tenant leaders to the BTU Leaders Meeting in December. Leaders and tenants in attendance were administered a test about obtaining repairs through Housing Court. It is clear that many tenants do not know their rights and the legal avenues afforded to them. BHIP will be working on this in the coming weeks with out tenants. Stay tuned..

Inside this issue:

Victory at 208 Himrod Heat & Hot Water Guidelines

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The long and frustrating wait at Housing Court

BHIPs Fight for Language Access

This month, Yolanda Coca, BHIP Housing Specialist, has taken several tenant leaders to Housing Court to conduct surveys concerning language access. Armed with surveys and the determination to get better language access in Housing Court, these leaders talked with and interviewed non-English speaking tenants who have cases in the court. They learned:

Shared Meter Laws in 3 New York City Notes from the Director 3

Many tenants do not have someone to interpret for them so end up signing agreements which they do not understand. Getting an interpreter in Housing Court is not easy and as readily accessible as the court would have one believe. Tenants who do not speak English are at a larger disadvantage than other tenants because they are unable to understand the proceedings and the ultimate outcomes they are facing.

BHIP feels strongly about Language Access and will continue to work with tenants as well as the court to ensure this right is given to all.

Bushwick Housing

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Victory at 208 Himrod Street

BHIP has been working with the tenants of 208 Himrod Street since early 2008. The landlord began illegally converting 2 bedroom apartments to studios and then charging rents that were not legal or rent-stabilized. All of this work was done without permits and often against Stop Work Orders issued by the Department of Buildings. There are shared meter conditions for electricity which caused the building to be without electricity for a week in January 2012, and the landlord often allows the boiler to run dry, causing tenants to go without heat and hot water for several days at a time. The landlord does not offer renewal leases and has used intimidation and harassment to get tenants who have lived in the building for several years to move. In addition, the building has a history of HPD violations that never get resolved, and this has resulted in the building being in the Alternative Enforcement Program. The tenants began withholding rent in 2008 after notifying the landlord of their intentions if he did not make the necessary corrections. This led him to bring the tenants to court with non-pay and holdover cases. A few of the tenants ended up leaving or accepting buyouts, but with the help of BHIP and Mike Grinthal of South Brooklyn Legal Services, two of the tenants were able to fight back against the landlord and win their cases. Both tenants maintained that the building needed a Certificate of Occupancy before the landlord could collect rent, and the court agreed. At this time, neither tenant is paying rent, and the landlord has not made the corrections.

Work being done at 208 Himrod without a permit.

Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees.

New York City Heat and Hot Water Guidelines

The City Housing Maintenance Code and State Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions: Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit; Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.

Volume 1, Issue 3

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Shared Meter Laws in New York City

Ideally, utility meters for renters should measure only their own utility consumption. But some multi-family dwellings operate on shared utility meters that measure usage for multiple apartments. Shared utility meters pose a serious financial risk for tenants as they could make utility bills run higher, and dishonest landlords might fail to reimburse renters for the portion of the bill that isnt theirs. New York has the most highly publicized and stringent shared meter laws on the books. Under New York law, shared meters are illegal under any circumstances and all shared meter conditions must be reconfigured. Tenants who are on a shared meter, or who suspect their meter is shared, should contact their utility company to investigate the situation. If the company finds a shared meter is in operation, they will issue a plan to remedy the situation, and the landlord will have 120 days to comply. However, if the shared meter condition cannot be eliminated because of a legal impediment or extraordinary cost, or if the amount of shared service is minimal as defined by the Public Service Commission (PSC), the landlord and tenant may reach a mutually acceptable written agreement instead. To read more about the shared meter law, go to NY PBS. LAW 52 - US Code - FindLaw.

Notes from the Director

BHIP wants to extend sincere thanks to Michael Grinthal, a loyal friend and supporter of our organization. Michael has served on the BHIP board since 2011 and rendered incredible legal service and advice in assisting tenants. Michael is moving on to a new position in Manhattan and goes with our best wishes for every success. BHIP would like to extend a heartfelt thank you to the board, tenants and donors who helped in our fall fundraising efforts. Like many small, not-for-profit organizations, BHIP experienced a shortfall in funding for 2012 and turned to the board and tenants for assistance. The board engaged in a direct letter-writing appeal which brought in $6,670 by December 31, 2012. Tenants worked diligently selling raffle tickets, and we were able to put $700 in the bank as the result of their hard work. BHIP finances are still precarious, however, and we ask for your continued support. The reality of gentrification continues and there are significantly more opportunities for landlords to rent at higher rents. This creates added pressure for owners to vacate their buildings of longstanding tenants. Meanwhile, employment opportunities for low-income tenants shrink, and the combination brings more and more of them to our doors for assistance. Please know that any donation is welcomed gratefully. If you would like to make a donation, please visit us on the web at www.bhipbrooklyn.org and donate through our website, or you may mail a check to: Bushwick Housing Independence Project 144 Bleecker Street Brooklyn, NY 11221

Under New York Law, shared meters are illegal under any circumstances, and all shared meter conditions must be reconfigured.

Bushwick Housing Independence Project

144 Bleecker Street Brooklyn, NY 11237 Phone: 718-574-3007 Fax: 718-452-1279 E-mail: bhipbrooklyn@gmail.com

Preserving existing affordable housing in Bushwick.

The Bushwick Housing Independence Project's (BHIP) mission is to preserve existing affordable housing for low and moderate-income families in Bushwick. The Bushwick community's growing affordable housing crisis is characterized by a severe lack of affordability, poor housing quality as well as rising rates of eviction, displacement and homelessness. BHIP works to provide tenants with the skills they need to preserve their apartments and secure needed repairs and services. It would also be useful to include a contact name for readers who want more information about the organization.

Were on the Web! http://www.bhipbrooklyn.org/

BHIP Staff Kathleen Maire, Executive Director Kennedy Rivera, Housing Specialist Yolanda Coca, Housing Specialist

BOARD OF DIRECTORS Marianela Oliveras Chris Larken Rev. John Powis Kery Espino John Whitlow Susan Vargas