Posted by Jeannie on March 11, 2000 at 18:00:33:
In Reply to: HPD Inspections posted by Curious on March 11, 2000 at 13:20:26:
: It appears that someone used another persons name to set up an inspection for which there were violations generated. The person claims that no one entered her home to do an inspection so how can this be? She lives in a co-op in NY. I didn't know that HPD did inspections in co-ops. Ultimately she is responsible for making any repairs because it is a co-op.
As I understand what you wrote, HPD recorded violations in their computer for very real violations of the law. The violations are visible only from the inside of the apt. The occupant of the apartment (a tenant-shareholder) swears HPD did not inspect it. This tenant is very upset to be required to bring her home up to the extremely minimum standards of the various codes concerning residential buildings. Further, in your opinion and your friend's opinion, coops are exempt from compliance with the MDL, HMC, (HPD's main provenance), Fire, Safety, Building, Health, Electrical Codes; only people who live in rental buildings can hope to live in clean, safe, warm buildings; coops are not required to have heat, hot water, working intercoms, doors that lock, licensed plumbers/electricians, fire alarms, smoke alarms, supers/managers 24/7, window guards, and free of lead-paint, rats, mice and roaches. People who live in coops have the right to endanger their own lives, the lives of their children, the lives of other building residents, the lives of visitors, and the lives of public servants (fire, police, ambulance) .
WHERE DID YOU AND YOUR FRIEND GET THAT BRIGHT IDEA? EVEN IF YOU BOTH FORMERLY LIVED IN PRIVATE DETACHED HOMES IN THE MIDWEST, YOU MUST BE VERY MUCH AWARE THAT THERE WERE SIMILAR CODES IN YOUR HOMETOWN. NO? CALL YOUR DAD TONIGHT. I DON'T BELIEVE YOU.
But I'll try to answer them anyway, as a public service.
: Is it possible to file for an HPD inspection using someone elses name?
Anyone should be able to report any violation of any law/code concerning residential buildings to the appropriate agency, anonymously, but certain conditions, e.g. heat, can only be reported by a resident. Other agencies are more likely to respond with an inspection than HPD: DOH, DEP, DOT, DOS, Fire Dept all have better response times. In fact, an inspector from one agency is required to report conditions outside of his duties to the appropriate agency. e.g. HPD is supposed to both record a hazardous sidewalk in their computer AND notify DOT if the sidewalk exceeds xx feet.
: What is the procedure for setting up an inspection?
Call , fax, or write to the appropriate agency reporting the dangerous condition.
: Are there any documents signed by the occupant of the apartment to acknowledge that the inspection took place? Should the results of the inspection be mailed directly to the occupant?
Go to the agencies' websites; some agencies leave copies of their report, some mail them, some give fines immediately. Some never send anything to the person who filed the complaint.
:How can she get to the bottom of this to find out who did this to her?
Did what? save a life? prevent a fire? And for this the person should be punished?
: Any suggestions would be greatly appreciated as this person is very afraid of what may happen.
What could happen? Plumbing gets fixed, fires don't start, burglars bypass apartment, no one gets carbon monoxide poisoning, children don't get lead poisoning, children don't fall out of windows? What bad thing could happen by fixing a dangerous condition? She pays a $25 fine?
: Thanks in advance
ps: The 'preamble' to the HMC follows: read it. Then read some of this:
pps: and tell everyone in your friend's coop that whoever told her HPD only inspects rental buildings is insane. The reason HPD rarely inspects SMALL coop buildings is that tenant-shareholders don't report even very very dangerous building-wide conditions because they are: 1. afraid of the one sociopath who controls all the others, just like one big dysfunctional family; or 2. afraid of becoming a scapegoat or outcast because the repair might cause the coop to spend a little money on maintenance (or on the fine).
HOUSING MAINTENANCE CODE
27-2002 (D26-1.03) Legislative declaration
It is hereby found that the enforcement of minimum standards of
health and safety, fire protection. light and ventilation,
cleanliness, repair and maintenance, and occupancy in dwellings
is necessary to protect the people of the city against the
consequences of urban blight. The sound enforcement of minimum
housing standards is essential:
1. to preserve decent housing;
2. to prevent adequate or salvageable housing from
deteriorating to the point where it can no longer be
3. to bring about the basic decencies and minimal standards of
healthful living in already deteriorated dwellings, which,
although no longer salvageable, must serve as habitations
until they can be replaced.
In order to accomplish these purposes, and following a review of
existing housing standards in the light of present needs, and a
reexamination of methods of administration, including legal
sanctions and remedies, to assure the effectiveness of
enforcement, it is hereby found that the enactment of a
comprehensive code of standards for decent housing maintenance,
imposing duties and responsibilities for the preservation of the
dwellings in the city upon owners and tenants, as well as on the
municipality itself, enforceable by a broad range of legal,
equitable and administrative powers, is appropriate for the
protection of the health, safety and welfare of the people of the
27-2003 (D26-1.05) Applicability
The provisions of this title, except as otherwise provided, apply
to all dwellings.
SEE THAT LAST LINE? ALL DWELLINGS. ALL. SINGLE FAMILY TO 20,000 APTS. ALL.
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