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Helpless
November 15, 2010
ABUSE
October 30, 2010
To Whom It May Concern:
NYCHA’s work ethics, disregard for policies and procedures, violation of tenants’ rights, and lack of concern or professionalism has gone beyond cruel; it is inhumane. Their practices breach federal, state, and city guidelines according to NY Penal Laws and Public Laws and Codes. Furthermore, NYCHA staff workers in administration have repeatedly knocked on my door after 4:30 pm requesting rent money at 7:30 – 8:00 pm and harassing my husband about being added to the lease. Letters addressed to my home have stated procedures in permanently terminating my lease for rent delinquency when it is clearly added in the Affidavit of Income that I am a welfare recipient. My family has been victims of hatred for 5 years. Mr. Nicholas is a maintenance worker and has repeatedly expressed hatred toward Puerto Ricans openly and verbally. He constantly states, “I HATE FUCKING PUERTO RICANS.” The last incident occurred on May 27, 2010. He harassed me twice about a heater that he was sure my husband stole and stored in the developments’ basement. He demanded to know if I had a heater stored in my apartment. All the while, my husband was internalized in a long-term rehabilitation center during the accusation. According to the New York City Rent Guidelines Board harassment is a NY Penal Law punishable as a Class E Felony, and threats of eviction are against the RPAPL §749; Real Property Law § 235 and RPAPL § 853; NYC Admin. Code § 26-523, § 26-521:
HARASSMENT
A landlord is prohibited from any action intended to force a tenant out of an apartment or to compel a tenant to give up any rights granted the tenant by law. No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment. Harassment may take the form of physical or verbal abuse, wilful denial of services, or multiple instances of frivolous litigation. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment.
Rent regulated tenants who feel they have been victimized by harassment should contact DHCR. Landlords found guilty of harassment are subject to fines of up to $5, 000 for each violation. Under certain circumstances, harassment of a rent regulated tenant may constitute a class E felony. Penal Law § 241.05.
EVICTION
Only a sheriff, marshal or constable can carry out a court-ordered warrant to evict a tenant. Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture. The landlord must give the tenant a reasonable amount of time to remove all belongings. RPAPL §749; Real Property Law § 235.
A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the landlord. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy. RPAPL § 853; NYC Admin. Code § 26-523, § 26-521.
In plight of the situation, the services of repairs are below standards of the Real Property Law and are “contrary to public policy” in which the buildings’ public areas lack cleanliness and consists of pets’ feces, human urine, drug paraphernalia or residues (tobacco filth, cigarette buds, beer bottles, etc.), food substances throughout the hallway which poses a direct hazard or can cause an accident of slip and fall if trampled on. The hallways are marijuana and cigarette smoke infested: However, NYCHA prides in having cameras throughout their facility, but only for convenience purposes: falsely arresting tenants. They also continuously threaten to evict if rent is not paid even though these substandard conditions increasingly spread like cancer. The “Warranty of Habitability” is completely disregarded and annulled by NYCHA, which evidently states:
WARRANTY OF HABITABILITY
Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment. This is a right that is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to co- operative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under the tenant’s direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. Real Property Law §235-b.
Nonetheless, the “Landlord’s Duty of Repair” constitutes that landlords are bounded to keep the premises of the “apartments and building’s public areas in “good repair” and clean and free from vermin, garbage or other offensive material.” They are also “required to maintain electrical, plumbing, heating and ventilation systems and appliances…in good and safe working order.” In my home, I have an infestation of centipedes, water bugs, mice, and ants. I had to resort to toxic chemicals that harm my family’s health in order to control the infestation. My walls are cracking and breaking off because of no repair and when NYCHA’s Maintenance Workers decide to paint or do repairs they come unannounced and badger the tenant regarding unavailability.
In November of 2009, I was informed that a maintenance worker came to partially replace a portion of the hallway ceiling; however, the ceiling remains unfinished. Severe water leakage occurs in the hallway ceiling and drips heavily through the light fixtures on the ceiling. This has been reported several times and I have had the FDNY come to investigate four times within a year. The danger level was so high that Firemen shut down the water supply to prevent further damage or a hazard. The bathroom walls appear to have asbestos along with visible mold spreading through the walls. Inadequate heat is a serious problem; when it is cold no heat is provided, but during the warm weather heat is running as if it were 30 below 0. My windows appear to be jammed and difficult to open or close, but the gate placed in the room is permanently jammed. This is a fire hazard and it is the only real exit I have to escape during a fire. The door oftentimes is jammed and a knife is used to open the door to exit the apartment. A maintenance worker who was repairing stated that he knew what my problem was: “You want a perfect apartment and that is all.” The toilet bubbles-up with suds sporadically while creating and overflow and filling the floor with suds. This was brought to the attention of NYCHA Maintenance Department and Management Office, but the problem has never been rectified.
LANDLORDS' DUTY OF REPAIR
Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances landlords install, such as refrigerators and stoves, in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. Multiple Dwelling Law §78 and §80; Multiple Residence Law §174. The Multiple Dwelling Law applies to cities with a population of 325, 000 or more and the Multiple Residence Law applies to cities with less than 325, 000 and to all towns and villages.
In New York City, the landlord is required to maintain the public areas in a clean and sanitary condition. NYC Admin. Code § 27-2011.
On May, 29, 2010, NYCHA workers assisted and aided 25th precinct’s Detective Squad in a home invasion. They were allowed access through the entrance door to the apartment after attempting to break in through the window with the air conditioner in place. Fingerprints were left on the window and when I arrived my clothes were scattered all over the floor. My closet was severely disorganized when I had previously organized my closest neatly…I have pictures. Urine was found in my bathtub, my bedroom window was closed shut, and everything on the window sill was all over the floor. The purses I had elsewhere were thrown into the closet. During the invasion, NYCHA did not notify me and the 25th Precinct’s Detective Sanatore did not call to present a warrant that gave them legal rights to enter my home. I was not home on this day. On Sunday, May 30, 2010, I received a call from the 25th Precinct stating that there was an arrest done in my home which was false. NYCHA was directly involved in the matter because they are the only other party that has a copy of the key to my apartment. My Right to Privacy has also been violated and the Public Law states the following:
RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. Additionally, a landlord may not interfere with the installation of cable television facilities. Public Service Law § 228.
New York City Housing Authority’s administrative staff and maintenance workers have used retaliatory tactics to intimidate me from continuously reporting them for lack of providing adequate services in a timely fashion and operating in an unprofessional manner. The New York City Rent Guidelines Board Guide states:
RETALIATION
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenant organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units. (Real Property Law §223-b).
We have been victims for five years of this abuse and retaliatory actions and I am voicing my abuse because I can no longer endure this torture and openly protected abuse by city workers. Ms. Sheila Saleem, Ms. Darlene Ford, Mr. Alfred Rawlins (who reported rent payments to the credit bureaus after receiving the payments was a retaliatory tactic to permanently damage my Public Records) along with other’s and Mr. Nicholas have abused their authority and have broken New York NY Penal and Public Laws and Codes. I am making a formal police report at the 25th Precinct and bringing charges against the individuals mentioned above. If a regular citizen is held accountable for illegal actions and charged with the New York Penal Laws, then so can these individuals who openly violate these same laws.
The mental anguish that I have endured cannot be defined in this letter to prove the detrimental effects it has caused me. I suffer a mental disorder and had no lights and food for seven days is detrimental to my mental health and prevents mental wellness. Statistically and medically: depression is a serious illness especially when the condition is severe! Feeding is necessary for a depressed person and the groceries that perished were the only source of food I had to feed. HRA has severely neglected my case to the point where I have not had food stamps in several months and have been delegating with them through OTDA. According to EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities (March, 2009) states psychiatric disability is:
WHAT IS A PSYCHIATRIC DISABILITY UNDER THE ADA?
Under the ADA, the term "disability" means: "(a) A physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; (b) a record of such an impairment; or (c)
being regarded as having such an impairment."5
This guidance focuses on the first prong of the ADA's definition of "disability" because of the great number of questions about how it is applied in the context of psychiatric conditions.
Impairment
1. What is a "mental impairment" under the ADA?
The ADA rule defines "mental impairment" to include "[a]ny mental or psychological disorder, such as . . . emotional or mental illness."6 Examples of "emotional or mental illness[es]" include major depression,
bipolar disorder, anxiety disorders (which include panic disorder, obsessive compulsive disorder, and post-traumatic stress disorder), schizophrenia, and personality disorders. The current edition of the
American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (now the fourth edition, DSM-IV) is relevant for identifying these disorders. The DSM-IV has been recognized as an
important reference by courts7 and is widely used by American mental health professionals for diagnostic and insurance reimbursement purposes.
Not all conditions listed in the DSM-IV, however, are disabilities, or even impairments, for purposes of the ADA. For example, the DSM-IV lists several conditions that Congress expressly excluded from the ADA's
definition of "disability."8 While DSM-IV covers conditions involving drug abuse, the ADA provides that the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of that use.9 The DSM-IV also includes conditions that are not mental disorders but for which people may seek treatment (for example, problems with a spouse or child).10 Because these conditions are not disorders, they are not impairments under the ADA.11
Even if a condition is an impairment, it is not automatically a "disability." To rise to the level of a "disability, " an impairment must "substantially limit" one or more major life activities of the individual.12
2. Are traits or behaviors in themselves mental impairments?
No. Traits or behaviors are not, in themselves, mental impairments. For example, stress, in itself, is not automatically a mental impairment. Stress, however, may be shown to be related to a mental or physical
impairment. Similarly, traits like irritability, chronic lateness, and poor judgment are not, in themselves, mental impairments, although they may be linked to mental impairments.13
Major Life Activities
An impairment must substantially limit one or more major life activities to rise to the level of a "disability" under the ADA.14
3. What major life activities are limited by mental impairments?
The major life activities limited by mental impairments differ from person to person. There is no exhaustive list of major life activities. For some people, mental impairments restrict major life activities such as
learning, thinking, concentrating, interacting with others, 15 caring for oneself, speaking, performing manual tasks, or working. Sleeping is also a major life activity that may be limited by mental impairments.16
4. To establish a psychiatric disability, must an individual always show that s/he is substantially limited in working?
No. The first question is whether an individual is substantially limited in a major life activity other than working (e.g., sleeping, concentrating, caring for oneself). Working should be analyzed only if no
other major life activity is substantially limited by an impairment.17
Now, I fear living in my own home after these events and am requesting an emergency transfer. I find solace in placing a stick blocking my door as a way of protection from invaders. On Thursday, August 19, 2010 my electricity was disconnected for non-payment. However, a payment was made to Con Edison on August 20, 2010 in which Con Edison schedule technician to resume electrical services. There were several attempts made with the exception of Sunday. Here is a log of the events that occurred.
Date:
Con Edison:
NYCHA: NYCHA Ticket #:
Action Taken:
Thursday, August 19, 2010 Contacted at 4:30 PM No Contact None Lights were discontinued at 10:55 am
Friday, August 20, 2010
Attempted to restore services at 4:15pm, but NYCHA’s Management Office did not assist them.
Refused to provide maintenance assistance to Con Edison.
12248690
Con Edison was not able to assist me due to NYCHA refusing to provide adequate services and respond to ticket number. Ticket number expired after the emergency maintenance refused to respond to the ticket.
Saturday, August 21, 2010
Con Edison worker came by three times and called me to confirm that maintenance workers were not available.
Maintenance was not present or on-site.
Searched the development for a maintenance worker and found one, but he stated, “I am not authorized”.
Sunday, August 22, 2010
No contact
No contact
None
Monday, August 23, 2010
Con Edison Supervisor, Ms. Brown spoke with Ms. Saleem on a three way conference call.
Ms. Saleem stated, “I do not want to talk to anyone, but you.” She also asked sarcastically, “Did you pay your bill?” Call Center Hot line submitted the ticket at 7:53 pm after stating that it would be submitted at the time of the request which was at 3:00 pm. 12274461
Ms. Saleem was aware of the situation of no electrical power and Ms. Brown confirmed that my meter was turned on by Con Edison for payment on 08/20/10 after attempting several times to contact NYCHA. Con Edison restored services on 8/23/10 and explained to Ms. Saleem that my meter was not the issue. NYCHA is solely responsible for flicking the switch on the circuit breaking to allow electrical power in the home. Ms. Saleem stated, “I will see if I can find someone who wants to do it.” Ms. Saleem never called anyone to handle the problem and left home for the day. My food has spoiled. I visited the Manhattan Management Office at 1980 Lexington Avenue and let them know about my situation. An e-mail was sent.
Tuesday, August 24, 2010
No contact
Call Center Hot line stated that they do not make calls to maintenance and that e-mails are sent. A response is returned, but no response was returned from the emergency maintenance crew
Ticket was resubmitted and there is no light in my home. No food in the home and the refrigerator smells like a dead body was stored inside.
Wednesday, August 25, 2010
No contact
12274461 – Ms. Everett stated that the ticket expired at 4:00 pm due to lack of response from the emergency maintenance crew.
No food or light.
Thursday, August 26, 2010
No contact
Refused to flick the circuit breaker switch.
No food or light.
Friday, August 27, 2010
No contact
Ms. Saleem stated, “It is not our job to turn your lights on. It is Con Edison who needs to turn your lights on. My supervisor said it is not our job.” I returned to the Manhattan Management Office and was informed that they refused to flick the switch because it was not their job.
Refused to assist me. I called Ms. Saleem and she argued and when I requested the name of her supervisor she stated, “For what you need his name? You don’t need to know.” She continued to say, “we are not responsible for turning your lights on. You have to pay your bill in order to have lights in your home. PAY YOUR BILL!”
Ms. Saleem and Ms. Ford were well aware of the situation of no electrical power running in my home. They refused to acknowledge the confirmation that my meter was running and that Con Edison had restored services due to payment. When I had called the Wagner Houses Management Office at 212-534-5359, I was transferred to Ms. Ford and she immediately transferred me to Ms. Saleem because she did not want to deal with the situation. On Monday, August 23, 2010 Con Edison turned the meter on and the maintenance worker did not flick the switch to the circuit breaker so that electrical power could run through my apartment.
I had put in a ticket twice (12248690 - Ms. Campbell) and (12274461 - Ms. Brown). Ms. Campbell rudely stated, "It is not maintenance job to sit around and wait for Con Edison to come and turn on your light. They have other jobs to do besides turn on your light". I have been without light for approximately 7 days. Am I subjected to departmental abuse, harassment, discrimination, and the use of retaliation tactics for exercising my civil and human rights to life? I encourage all parties or entities to contact Con Edison with the account number 45-1019-0851-1410-0 and account name is Saby Jimenez (by marriage). You can ask for the Supervisor Ms. Brown or any supervisor who is available at Con Edison 1-800-752-6633 to verify and confirm the dates and times I had called to rectify the matter. It is imperative that recorded calls be requested from Con Edison, as well, to prove these allegations.
Ms. Shelly Wilkinson at 250 Broadway made an appointment with me for Friday, August 27, 2010, and on Wednesday, August 25, 2010 I called to expedite the appointment to an earlier date. On the 26th I arrived and did not have an ID to show. I was told that Ms. Shelly would have to escort me to the 27th floor if I had no ID. The security guard called her and she told Mr. Kevin Luis to tell me that she will not be able to attend to me because she would be in a meeting all day long. However, she had scheduled me to come in on this date. NYCHA workers locally or at 250 Broadway are disregarding serious situations regarding tenant emergencies that, by law, must be serviced and handled in a timely fashion. No electrical power for 7 days and without food is abuse and inhumane. All parties were aware of the nature of the situation and Con Edison clearly explained to Ms. Saleem that my bill was paid.
On Friday, September 10, 2010, Mr. Robert Knapp the Director of Manhattan Property Management Department sent me a correspondence letter and stated that I am responsible for restoring electrical service and following up with Con Edison. Ms. Saleem did not inform her superiors that Con Edison had explained that my meter was running and her conversation with Ms. Brown, Con Edison Supervisor. I had no food in my refrigerator and a friend was kind enough to provide $50.00 worth of groceries until the welfare decides to grant me aid. Mr. Knapp did not care to properly investigate or call to interview me and my allegations. He spoke to Mr. Alfred Rawlins at Wagner Houses Management Office and determined that I was presumably wrong in my allegations and did not want to pay my bill.
When does abuse...citizen abuse end? When will city workers be held accountable for their own actions and causing tenants to suffer unnecessarily? I am requesting that parties or entities receiving this document conduct a thorough investigation regarding my situation. I will provide as much documentation of proof as necessary, but I am also entreating that these entities request recorded phone calls from 917-651-4346 or 347-270-6526 to and from NYCHA on the dates logged in the above chart as well as Con Edison’s notations and phone call log.
However, NYCHA has taken me to court on several occasions when rent is not paid and urges me to pay rent or I will be evicted permanently. Does NYCHA have the right to collect five years of rent under these substandard conditions? According the Warrant of Habitability and Landlord’s Duty to Repair NYCHA has breached this right and is “therefore void”. NYCHA is illegally collecting rent dues while subjecting me to live in substandard conditions, abuse, negligence, hazardous conditions, suffer retaliatory actions for exercising my civil rights in which violate the New York Penal and Public Laws and Codes. To reiterate, I am filing a police report and bringing charges against the individuals named in this letter for violating Penal and Public Laws, if this issue is not resolved. I will also be submitting this to New York City Housing Court along with all the photos I have collected for five years. I believe NYCHA should not have charged rent dues for five years knowing the poor conditions that existed in the apartment.
Ms. S. Wilkinson at Department of Equal Opportunity – Office of Employment and Fair Housing Investigations-250 Broadway, 27th Floor, New York, NY 10035 stated that I failed to attend an appointment on Thursday, August 26, 2010. I attended the appointment and spoke to the security card Mr. “Kevin Luis” and was informed by this individual that Ms. Wilkinson told him to tell me that she could not attend to me because she was going to be in a meeting all day long. I did not respond to Ms. Wilkinson because I felt she was biased and demonstrated poor work ethics. Discrimination, harassment, retaliatory actions, hatred against a race, aiding police in committing a home invasion are crimes and against my civil rights, human rights, privacy rights, and constitutional rights. Mr. John B. Rhea, the commissioner of NYCHA has been aware of this 5 year long situation and has ignored every complaint that I have submitted. Mr. Rhea has justified the actions of NYCHA’s staff workers and has allowed them to abuse tenants since he has been in office. I urge the parties to investigate thoroughly NYCHA – Wagner Houses archives. I received a letter stating that my rent is $741.00 due to failure of submitting the Annual Income Affidavit. In August 2010, I personally handed the affidavit filled and signed with a copy of the current PA budget letter. According to Ms. Darlene Ford and Sheila Saleem (NYCHA – WAGNER HOUSES), I never submitted the documents. However, I noticed that on this letter they stated that my previous rent was $215.00 when all my rent statements from January 2010 to October 2010 read: $165.00. During this month, I have had individuals banging, kicking, and knocking at my door to irritate me and harass me. The hallway of the facility has cameras to monitor and all activity occurring in the hallway of the building. However, it appears as the cameras are not working or being closely monitored when these individuals are harassing me.
You can request call logs, documented complaints with the name of Saby J. Rodriguez or Jimenez (married name), video recordings, etc. NYCHA was an accomplice to a HOME INVASION conducted by the 25th Precinct Detective Squad. When will the law defend innocent citizens…when? I have paid rent for five years under these substandard conditions and do not receive adequate services and repairs. Maintenance arrives unannounced almost all of the time. A maintenance worker came to the home about a year ago to check on the heaters. He stated that it felt like 70 degrees in the home and that he had a thermometer. However, I asked him to touch the ground to feel that it was freezing in this apartment and that I have had to live with the stoves burner burning to heat up my home. When I requested to see the thermometer he told me, “I do not have to show you anything.” There have been days that I have had to go to bed with the stoves lit in order to maintain my home warm. I complained to the Housing Manager, Sheila Saleem and the Housing Assistant, Darlene Ford about this situation. They stated, “Oh well, I guess you gotta do what you gotta do to survive.” Today, I called the Maintenance Hotline and reported no heat at 11:08 pm and it is 12:57 am on 10/30/10; there is not heat in the home and my stoves are on high to maintain the warmth. I suffer a mental disorder (severe depression) and have suicidal ideations and am on medication. Please help me; I am not sure who else to turn to for justice. No one should be subjected to this cruelty and inhumane treatment.
If you have any questions or concerns, please feel free to contact me at (917) 651-4346. Thank you for your time and patience.
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