[NYtenants-online] NY Tenants Online 4/21/03

[Tenant]

NYtenants Online/TenantNet                                4/21/03
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IN THIS ISSUE ...

1. Chinatown residents to sue NYPD over street closings

2. Committee to Protect Rent Controlled Tenants

3. ANHD Housing Forum: Code Enforcement and Budget Cuts to Hurt Tenants

4. Code Enforcement Legislation Explanatory Memorandum (ANHD)

5. Housing Cuts - Slash Deep into Tenant Protections.
    Bloomberg/Doctoroff Housing Plan weighted towards luxury housing could
    cut funding for needed tenant protection programs.

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TWO RESIDENTIAL COMPLEXES CONSIDER LITIGATION OVER CLOSING OF PARK ROW

Since the attacks of 9/11, the New York Police Department (NYPD) has 
confiscated streets and parks in the Chinatown area.  The installation of 
barriers on Park Row and other streets near Police Headquarters represents 
yet another step in the permanent confiscation of streets and parks from 
this neighborhood - all without review of the impact on our communities.

A year and a half after the attacks of 9/11, the loss of these streets, 
particularly Park Row, a major North/South transportation artery for Lower 
Manhattan, has proven to be detrimental to the health and safety of 
thousands of residents. Some of the most dire effects of these street 
closures have been:

- Emergency service vehicles being turned away from direct access to 
residents and with consequent great delay in arriving from alternate routes.

- Loss of the option of using car services to bring residents to hospitals. 
Many users of hospital emergency services use car services rather than 
ambulances.

- Intermittent and unpredictable loss of Access-a-ride service to our 
seniors and disabled.

- Families and friends of residents delayed and discouraged from visiting.

- Tremendous traffic congestion on the remaining streets, creating a clean 
air and safety hazard.

Chatham Towers and Chatham Green, two major residential complexes have 
retained attorney Jack Lester to represent them in legal action seeking to 
stop the installation of proposed NYPD permanent barriers pending 
meaningful community consultation and written explanation regarding the 
nature, duration, and rationale for these actions. Other nearby complexes 
are considering joining the effort.

A press conference will be held on Tuesday, April 22nd, at 1:00 P.M., on 
the corner of Park Row and Worth Streets to announce the filing of the 
legal action. Other community organizations will be on hand to announce 
their support of this legal action. The public is invited to attend. For 
more information, contact Danny Chen at 917-697-6011.


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FOR RENT CONTROLLED TENANTS

The COMMITTEE TO PROTECT RENT CONTROLLED TENANTS is made up of numerous 
Rent Controlled tenants and is supported by over 22 groups and individuals 
long active in trying to protect and maintain affordable housing in New 
York City. The Committee is currently involved with a suit in the New York 
State Supreme Court questioning the method used by the NY State Division of 
Housing & Community Renewal (DHCR) to set rent increases for Rent 
Controlled apartments. For the 2002-2003 two year cycle, this system of 
Maximum Base Rents has resulted in a sizeable increase of 10.5%.

Under the MBR program, yearly increases of 7.5% are collectible (up to 15% 
over two years) up to the ceiling set by the MBR. In this cycle, a 7.5% 
increase would take place the first year with a second 3% increase in the 
second year for a total of 10.5%. With additional fuel charges, the rents 
for rent controlled tenants may increase at a much higher rate than for 
rent stabilized tenants in equivalent apartments.

Because many rent controlled tenants (by definition in occupancy since 
1971) are elderly, this is the segment of the popluation least able to 
afford such increases. And because Rent Controlled tenants are a shrinking 
population (now approx. 50,000), they have less political clout to get 
their issues noticed by politicians compared to rent stabilized issues.

Some Rent Controlled tenants have only recently received their 2002-2003 
Rent Increase notices -- 16 months late -- causing not only the hardship of 
paying this high 10.5% increase, but the obligation to pay 16 months of 
retroactive payments as well.

If you are a Rent Controlled tenant who has recently received such a late 
notice from NY State Division of Housing & Community Renewal -- or if you 
know of such a tenant, please call the COMMITTEE TO PROTECT RENT CONTROLLED 
TENANTS at (212) 615-6835.


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AFFORDABLE HOUSING IN NYC - LET’S SAVE WHAT’S LEFT!

ANHD is sponsoring a public meeting to help focus attention on the issue of 
preserving the remainder of the city's affordable housing stock. Three main 
housing preservation concerns will be addressed:

- Promoting ANHD-drafted legislation, Intro 400, to improve code 
enforcement: http://www.council.nyc.ny.us/textfiles/Int%200400-2003.htm;

- Restoring City Budget Cuts to programs which assist tenants and 
low-income home owners  (CCC, NPCP, Anti-eviction legal services, housing 
court info services, etc.);

- Strengthening the Rent Laws

ANHD and its member organizations are inviting key City Councilmembers to 
this citywide public meeting to help gain their support on new legislation 
to improve code enforcement and in retaining vital housing preservation 
programs cut from the Mayor's budget.

The new legislation covers four points on housing code issues:

- rights of a tenant assoc. for a building-wide code inspection through a 
tenant petition;
- Making sure that ALL violations are recorded;
- Ensuring that hazardous conditions under other codes are addressed;
- Ensuring that tenants receive a copy of the violation report.

ASSOCIATION FOR NEIGHBORHOOD AND HOUSING DEVELOPMENT (ANHD) is a
not-for-profit social welfare organization which advocate on behalf of New 
York City community-based non-profit housing organizations and the 
neighborhoods they serve.

PUBLIC MEETING:

Wednesday, April 23rd, 2003
Goddard Riverside
Community Center
593 Columbus Avenue (W. 88th Street)
6:30 pm

CONTACTS: Shinichi Murota 212-463-9600x8 or shin1anhd@earthlink.net


VIVIENDA DE RENTA MODERADA EN NUEVA YORK - SALVEMOS LO QUE QUEDA!

- Hacer que los dueños cumplan más con las leyes mantenimiento de apartamentos
- Devolver los cortes en el presupuesto de la ciudad para programas que 
ayudan inquilinos
- Fortalecer la leyes de protección para inquilinos

REUNIóN PúBLICA:

Miercoles, 23 de Abril, 2003
Goddard Riverside
Community Center
593 Columbus Avenue (Calle W. 88th)
6:30 pm

CONTACTOS:
Adrian Di Lollo 212-463-9600 x2
Shinichi Murota 212-463-9600 x8 or shin1anhd@earthlink.net

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CODE ENFORCEMENT LEGISLATION EXPLANATORY MEMORANDUM
prepared by ANHD

Intro 400: http://www.council.nyc.ny.us/textfiles/Int%200400-2003.htm

ANHD has, after a broad consultation with the membership, drafted 
legislation for City Council that would improve both the efficiency and 
effectiveness of HPDs code enforcement services while mandating the rights 
of tenants to obtain a building-wide inspection and to relevant information.

The provisions are summarized hence:

1. Mandating the right to a Tenant Petition Inspection (TPI)

For many years, HPD had a policy of responding to tenant-initiated 
petitions for a roof to cellarinspections in which a group of inspectors 
would come to the usually highly distressed building and record violations 
in all public areas and in all apartments of the petitioners.  It is no 
longer the policy of HPD to respond to such requests.

Given the ongoing shortage of code inspectors at HPD it is highly 
inefficient to respond to complaints in a major problem building on an 
individual call-by-call basis.  Mandating the right of tenant petition 
inspections would encourage efficient use of precious inspector resources 
and afford tenants a right they should have.

2. Making sure that ALL violations are recorded

During the heat season in particular, it is not unusual for inspectors to 
record only the lack of heat and hot water while leaving many other 
egregious violations unrecorded.  Many of these violations, such as 
collapsing ceilings, gushing leaks and broken windows may be equally as 
dangerous to tenant health and safety and/or be exacerbating the lack of 
heat problem.

This clause would ensure that the moment an inspector enters the building, 
he/she records all violations in the public areas visible on route to the 
particular apartment and in that apartment.  The time spend recording 
violations pursuant to these guidelines should be minimal and will save HPD 
from having to undertake a further post-heat season inspection when the 
tenant is likely to call back.

3. Ensuring that hazardous conditions under other codes are addressed

The Intro would mandate that all conditions hazardous to the health and 
safety of building occupants that are not under the purview of HPDs 
enforcement are referred to the appropriate city agency and that the tenant 
or tenant group receives a copy of that referral.

4. Ensuring that tenants receive a copy of the violation report

It should the right of the tenant or tenant association to promptly receive 
a copy of the violation report.  While the violations are posted on HPDs 
website, many tenants in low- income communities currently lack access to 
the web.


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A BRIEF SUMMARY OF THE HOUSING EXPENSE BUDGET CUTS
Summary of Cuts to the HPD Expense Budget -- March 2003
Compiled by ANHD

City Council housing preservation initiatives were eliminated from the 
December 2002 budget modification (effective from July 1st 2003) and have 
not been restored to the Mayors Preliminary Budget for FY 2004.  In fact, 
the Preliminary Budget goes even further and eliminates 8 NPCP contracts 
entirely.

SELECTED EXPENSE BUDGET CUTS

Program                                                      Amount Cut

Community Consultant Contracts (eliminated)                  $ 1,055,000

Neighborhood Preservation Consultants (Council enhancement)  $   400,000

Neighborhood Preservation Consultants (8 contracts)*         $   461,000*

Anti-Eviction and SRO Legal Services (eliminated)            $ 2,500,000

Housing Court Information Services (eliminated)              $   350,000

Landlord Training Program (eliminated)                       $   200,000

* $180,000 of this amount is cut from the FY 04 budget, while the remainder 
is cut from the FY 05 budget.

IT SHOULD BE NOTED THAT:

While all City agencies have been told to find a further 6% in cuts, this 
is unfairly weighted against HPD tax-levy funded programs such as these. 
HPD has the smallest portion of City tax-levy of ANY other City agency, 
most of its funding coming from Federal sources (CDBG, HOME, Section 8) 
which are not subject to the 6% cuts;

The Administration proposes shifting, in the next five years, almost $35 
million in CDBG money no longer needed for HPDs in-rem management program 
to a new initiative under the Mayors Housing Plan (Housing New 
Marketplace). Why not use a little of these newly available funds for the 
Councils vital housing preservation initiatives?

The Mayors housing plan creates a host of highly innovative housing 
production incentives. Why then, at the same time, eviscerate the very 
programs that preserve the occupied affordable housing we already have? 
Homelessness rates are continuing to shatter all records. This is a very 
bad time to eliminate programs that help prevent homelessness;

These programs bolster, and are often essential to, the success of numerous 
City housing initiatives. Many HPD programs, and new programs outlined in 
the Mayors Housing Plan, will be undermined by these cuts; Despite 
identifying several new ways in which HPD can raise revenue, the Mayors 
Preliminary Budget does not mandate a greater effort to collect more code 
enforcement judgment fines. According to estimates by the Independent 
Budget Office, less than one third of the amount collected in FY 1990 will 
be collected in FY 2003. This could be a good source of funds for these 
programs.

THE PROGRAMS AT RISK

COMMUNITY CONSULTANT CONTRACT (CCC or CCP):  $ 1,055,000

More than sixty community-based housing groups hold the Community 
Consultant Contract which provides between $5,000 to $35,000.  The groups 
have been highly effective in developing responsible tenant leadership, 
assisting low-income homeowners and small landlords to maintain their 
properties, and helping renter households to obtain their legal 
rights.  The program enables many groups to leverage funds from state and 
federal programs and private funders to expand the scope of their 
services.  CCC is flexible enough to allow organizations to provide housing 
preservation services relevant to their particular district, from tenant 
organizing and advocacy, to home ownership counseling to preventing 
predatory lending.  The capacity of many organizations to provide such 
services will be severely diminished without the CCC.

The December 2002 budget modification eliminated this program effective FY 04.

NEIGHBORHOOD PRESERVATION CONSULTANTS PROGRAM (NPCP): $ 400,000/$ 461,000

A central pillar of the Citys anti-abandonment strategy, Neighborhood 
Preservation Consultants help HPD identify at-risk buildings and provide 
tenants and small landlords with a range of assistance to improve building 
conditions and prevent abandonment.  An expanded role of NPCP groups has 
been identified under the Mayors Housing Plan.  According to a recent ANHD 
survey, it costs the average NPCP group an average of $67,009 to implement 
this $40,000 contract.  The City Council enhancement provides each group 
with an extra $8,695 per year which for most groups is the only thing that 
makes the contract worthwhile. The December 2002 budget modification 
eliminated the $400,000 City Council NPCP enhancement (for all groups)  and 
cut $180,000 for non-CDBG eligible groups, effective FY 04.  The 
Preliminary Budget fails to restore these and cuts another $281,000 for 
non-CDBG eligible groups effective FY 05.  Eight entire contracts will be 
eliminated (Total cuts: $861,000).

ANTI-EVICTION AND SRO LEGAL SERVICES: $ 2,500,000

These contracts to 15 community-based Legal Aid/Legal Services agencies 
help to prevent literally thousands of evictions each year, including many 
illegal lock-outs.  Because the income requirements of this program are 
more flexible than those that Legal Aid/Legal Services usually provide, 
low- to moderate-income working families are also assisted.  The 
elimination of this program will cost the City far more in the long term 
than what it currently invests in this program.  Increased homelessness 
(particularly among families) will be a direct result of this programs 
demise, adding to the City burdening shelter population. The December 2002 
budget modification eliminated this program effective FY 04.

HOUSING COURT INFORMATION SERVICES:  $350,000

Under this contract, the City-Wide Task Force on Housing Court (CWTFHC) 
provides an invaluable array of unduplicated services to un-represented 
litigants in Housing Court.  These include information tables in each 
borough courthouse and in two new "community courts" (assisting 60,000 each 
year); a telephone assistance hotline; an annual training series (10 
workshops per year); and the production of information sheets and 
educational material on court procedures translated into multiple languages.

The December 2002 budget modification eliminated this program effective FY 04.

LANDLORD TRAINING PROGRAM:  $200,000

The Landlord Training Program provides first time violators of the heat and 
hot water laws with educational assistance that teaches small property 
owners how to manage and repair heating systems, about New York City 
housing codes, and tenant relations training.  This program is a part of a 
strategic approach to improve housing conditions in low and moderate-income 
communities.   The December 2002 budget modification eliminated CCC 
effective FY 03.