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Entry, inspection, citation

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Entry, inspection, citation

Postby mandown » Tue Mar 28, 2017 3:36 pm

Disabled, on DRIE (just renewed another year), stabilized apt. in bldg. run by anti-homelessness org. Sole tenant almost a decade.

So LL could be worse -- but the day I get back from long hospitalization/recovery it's exterminator day, & this turns into an un-notified inspection of other things, then my 1st-ever citation for "clutter." (Apt. untouched since being carted off by ambulance, knocking things over, a little food left out, etc., but largely similar to how it's been every other inspection.)

The letter LL stuck in my door late last week doesn’t cite conditions to cure, just "clutter," seems arbitrary. The nuts around me who don’t shower or let the exterminator in increased the roach population here, I had animal attacks from one neighbor & made noise complaints about the rest—nothing happens to them. Maybe it’s easier to smack 1 person down, or maybe a new staff person saw 1 roach & doesn't know a structural defect since day one keeps the main door from opening completely.

So, question is, what are their real rights to enter/write me up? Don’t they have to specify when they do? Letter quotes lease paragraph that they can throw stuff out & charge me if I don’t cure(... meaning what though? No specifics). Hope that’s worst case but right now I’m going to hospital/drs for follow-up like every day & LL gave me till next Tuesday, I'll never get things perfect by then. Can't be upright too long on a good day. & now I'm flagged the bar is prob. higher. Is there a standard?

This LL routinely enters apts. for non-emergency inspections (belongings used to disappear from apts., it seems better now), routinely gives no notice/not enough. In this case there’s no way I could’ve prepped anyway, was in hospital. But the worry is there's no standard, it’s a judgment call.
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Re: Entry, inspection, citation

Postby TenantNet » Tue Mar 28, 2017 3:53 pm

A lot depends on the organization running the place and the agreement/contract they have to run the building. This sounds like supportive housing, yes?

Can you send me the address and name of the organization by private mail? Use the PM button on this page. Do not post any personal information to any follow-up post on the forum.

Do you have a tenant association in the building? Have you been in touch with them? Are there any legal services organizations in the area?
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Re: Entry, inspection, citation

Postby mandown » Tue Mar 28, 2017 4:56 pm

The PM button is on a page after I click on your username, maybe?

Round 2: talked to bldg. deputy dir. & a social worker, both passed the buck entirely. They say I should get the (other) dept. head who signed the letter (& wasn't present for the inspection) back into the apt. to tell me what needs curing -- "that'll supercede this letter," says one. Sounds like fishing.

No tenant assoc. It is at base supportive as you said. But they get a lot wrong & bad things result. No one here knows their rights, incl. bldg. staff for sure. I'm trying other tenant orgs but I know what triage looks like, it's slim. And of course I'm back in & out of hospitals much of this time.
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Re: Entry, inspection, citation

Postby TenantNet » Tue Mar 28, 2017 5:06 pm

No, it's on this page. look to the left of the message.

Yes, they're fishing. I would not do anything that's not written. Make sure all requests for access from the LL is in writing. Your responses should also be in writing.

Can you send us a copy of the letter you received? Do it from a Private Mail message and attach it to the message, scanned as a PDF, either color or grayscale. Scan each page and the entire page.

As for clutter, well it's different for everyone. Make sure there's nothing on the floor except furniture. If anything needs to be stacked, make sure it's neat and stacked against the wall. Don't create any "paths." - get rid of all junk, newspapers, etc.

A lot of rational people are hoarders. Don't give the LL any excuse. The person you might have to convince is a judge. Also, take photos with your phone of each room showing how nice and clean and uncluttered each is.
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Re: Entry, inspection, citation

Postby mandown » Wed Mar 29, 2017 12:07 pm

OK, I see the button. PM to follow. Sorry this took till now, my only option is public internet.

Jeez. I thought their std. had to be "hazard." There's only 1 room really, place is tiny; the path is whatever floor space left isn't furniture. But that's a matter of opinion? Was hoping they can only now address whatever their complaint was on the day they inspected. But the letter doesn't really list anything concrete, so I'm (randomly?) trying to make it look pretty... takes time.

Thanks.
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Re: Entry, inspection, citation

Postby mandown » Wed Jun 21, 2017 6:23 pm

Well, they're back.
Same shit, diff. quarter.
Basically it seems to be an overzealous social worker. The bldg. mgr. absolved me in 3 seconds last time, at the follow-up.
This time I stopped the SW entering on exterminator day, & her visible area of my apt. was limited to a *tiny corner*. I went back to interrogate her after the citation notice showed up anyway. She's fishing. After denying she cited me & blaming the security guard (who never entered/was down the hall), she claimed "door obstruction" (a provable lie) & "stacks" (not legally clutter, in itself). But I've been here a decade, no citations till now. The only new variable is her.

Trouble is, with all the buck-passing, a brain-dead lie can get around the world before the truth has its boots on.

I talked to the bldg. mgr. and he says he'll try to end all this, he didn't know she cited me (even though the letter's in his name), IDK who to trust.
I guess what I want to know is... how can anyone stop this kind of harassment, esp. when you're disabled? Is there anyone to file a complaint with? The work of suing seems excessive, but all kinds of illegal crap is happening.
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Re: Entry, inspection, citation

Postby TenantNet » Wed Jun 21, 2017 6:50 pm

I haven't re-read all the prior posts or PMs. This sounds like harassment. Remember, keep a diary of all events, what occurs, who said what and maintain a timeline.

You say the building manager has agreed to look into it. Give him a chance, but make sure you write down anything he says or does. If that doesn't work you might consider filing harassment complaints with DHCR or HPD.
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Re: Entry, inspection, citation

Postby mandown » Thu Jun 22, 2017 7:18 pm

Yeah, it's a lot of work. So far I'm recording everything.
New wrinkle though:
Last night another ltr on door, diff. dept. - the rent ofc. They want half my income or they'll sue. It's not rent -- it doesn't say what it is.
I have years of evidence of negligence here, from physical harm to just bad building conditions... dunno if that comes in if it goes to court. Something is very not right here.

I've filed 2 complaints, none w/HPD or DHCR yet. Good call. But now I have to find a lawyer to deal with the money thing. It's a lot for 3 days.
(& I have to drop the rest of my life to deal with it. I'm sure no harm will come to me from that....)
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Re: Entry, inspection, citation

Postby TenantNet » Thu Jun 22, 2017 7:57 pm

I don't understand. If the LL claims you owe rent, they must start by sending a 3-day demand letter. It must state what is due indicating the amount and for what months. Is that what this is? Can you send a copy by PM?

As for an attorney, do you qualify for legal aid, legal services or MFY?
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