Brrrr...It's cold in here. I tried calling Jose Gonzales to ask him to turn on the heat. He didn't answer, so I left a message and called 311. Complaint #356 8380.

Yesterday was the day of the trial between 545 West 146th Street, Inc. [545] and the tenants of apt 47. [545] was petitioning tenants (me and Bernardo) for non-payment. [545] claimed that we (B and me) owe them $12,800 in rent.

The judge was patient and listened to both sides hoping to work out a settlement. The attorney for [545], J. Barrington Jackson presented the [545] rent statements, the deed, the lease and put the vice-president of [545] Reza Nabavi Negad (sp?) on the witness stand.


Thanks to Socorro's friend Ben, I have the entire proceedings on cd-rom.

I'll listen and transcribe later...for now suffice to say, the case was dismissed...without predjudice.

Last Wednesday I spent the whole day back at housing court trying to fix some errors I had made in my "answer to the petition for non payment"...I guess I had not made myself clear when I responded orally by saying the magic words "order to show cause" or "counterclaim".
So I had to ask to amend my original answer.

Also I needed to subpeona Bernardo and Eric since there is some confusion about the February rent and whether or not Bernardo kept the money or gave it to the LLLL (Limited Liability Land Lord), [545 West 146th Street, Inc.].

There is also confusion about what Eric will be responsibile for. (Has he paid Bernardo? Will he pay his share of the back rent if we are ordered to pay? Was the lease renewed illegally? Did Z move out because of the un-liveable conditions? Does that constitute "constructive eviction"?)

Bernardo laughed and laughed about the subpeona. At first he said he had another court case to be at that day. Then he said he thought the form was filled out wrong. Then he said he would talk to his lawyer. If he had to be there he would be there but..."Jennifer, I will not be good for your case."

Eric seemed to take it more seriously. He said he couldn't be there because he would be in Washington.

All in all, the whole subpeona getting and serving went better than I expected. I mailed copies along with a copy of the motion to amend my original answer to the LLLL's attorney. Now I have to make copies of everything I have...the DHCR report, the HPD report, the pictures of the building...someone has removed the record of complaints that had been on the bathroom door...so I don't have that.

In other news, I replaced the strings on the guitar yesterday. I'm still sick with another nasty cold/flu/sore throat thing. Oh...and I started my period:(ugh...happy thanksgiving.

So...I just left housing court and have some new information. Fran in the pro se attorney's office was very patient and explained some new terms like "making a motion", "amending an original answer" and the difference between "decreased rent for decreased services" and "rent abatement" and "constructive eviction".The "housing part" was fairly painless except that the attorney for "the petitioner"(545 West 146th Street, Inc.) wanted to negotiate but acted like he knew nothing about the case or the condition of the building. Since I had already sent letters to (545 West 146th Street, Inc.) and to Ron Ransom who says he works at (J. Barrington Jackson?) the attorney for the petitioner's office explaining why we withheld rent. (Arrgh!) the judge said the attorney shouldn't be expected to know the condition of the building...so...let's ask his sluml...ahem...client. Mr. Nababi? Ou est Mr. Nabavi? Mrs. Nabani? Mr. Gonzalez? no...the attorney's client was convienently not there.I called (454 West 146th Street, Inc.) after the hearing and spoke to Mr. (Nababi?), the guy that comes to the apartment a presents himself as the landlord. I wanted to make sure he was aware of the problems that still exist in the apartment and the building. He yelled a lot but finally let me list many of the problems...he hung up before I finished. Then I called HPD and filed complaint #354 3466.

Heat and hot water are not a given. We often have had to call the super and beg him to turn on the heat or hot water. Usually he does not answer the phone. This faucet has been broken for over a month. The super has seen it and is in no hurry to fix it.
phote taken with my lovely mini dv camera

water from the leaky cieling has damaged the cabnet.
phote taken with my lovely mini dv camera

The ceiling in the lobby has been groing mold for over a month now.
phote taken with my lovely mini dv camera

These are the stairs on a clean day.
phote taken with my lovely mini dv camera

There are rats inside and outside 545 w 146 st.
phote taken with my lovely mini dv camera

There are large rats inside and outside of 545 W 146 ST.
phote taken with my lovely mini dv camera

The buzzer to apartment 47 is out of order. The lock on the front door of 545 is broken.
phote taken with my lovely mini dv camera

The door to the riketty stairs to the basement. On a cold winter's night when one has called the super and gotten no answer one might consider venturing down here to see why the boiler is not working. The winter of 2003-2004 the heat was blasting all winter but the past two winters we have had to call the super and beg for heat even when he is legally obligated to turn it on. I am afraid this winter will be the same. Looks like it's getting down to 35 degrees tonight and yet the heat is not on.


HPD complaint number 3542144

This is as clean as the stairs get.
phote taken with my lovely mini dv camera

Hall light in disrepair...545 W 146 ST NOV20,2006
phote taken with my lovely mini dv camera

Many of the hall lights are not functioning.
phote taken with my lovely mini dv camera

Stairways are filthy and often soaked with beer or urine.
phote taken with my lovely mini dv camera

Broken windows remain unrepaired.
phote taken with my lovely mini dv camera

The walls in the common areas of 545 W 146 ST are unclean.
phote taken with my lovely mini dv camera

The doorframe in the bathroom of apartment 47 is disintegrating.
phote taken with my lovely mini dv camera

The crack in the bathroom floor is growing.
phote taken with my lovely mini dv camera

Hallway apt 47, November 20, 2006
phote taken with my lovely mini dv camera

Here is another example of where the paint is peeling and the wall is cracked in the hallway of apartment 47.
phote taken with my lovely mini dv camera

This was our bathroom in july. the hole in the ceiling was caused by a leak we had reported over a month before. It didn't get fixed until a month later. A few days ago the ceiling started leaking and growing mold again. We had the same problem in the summer of 2005.
phote taken with my lovely mini dv camera

This is a picture I took tonight, November 20, 2006 of the hall ceiling in apartment 47. There are no smoke detectors in many of the apartments in this building including this one.
phote taken with my lovely mini dv camera

Last night Tim, our prospective new roomate was here and I was trying to explain the origin of the conflict between me and Bernardo:

A long time ago (ok three years seems like a long time)...in (a galexy?)this very apartment...Juliana and Vy and Irene, the flower lady whose "real" name I can't remember, and a very Irish looking petticab driver lived here and paid rent to a man named (Cheik Tall?) (Chek?).

Juliana and I went to Philly for an americorp convention and when we came back Irene, the flowerlady whose real name I can't remember but who said it figured that I would try to use the closet that alreadly had stuff in it because it was just like my people to do something like that...said she was moving out. I went to Ohio for Thanksgiving and when I came back Juliana had found Bernardo. Everyone liked Bernardo, with the possible exception of the petticab driver. Who soon moved out and Bernardo took his room.


(Sigh...those were the days before the con ed conflict..)

Last week Ron Ransom, from attorney J. Barrington Jackson's office served me with a notice of petition for non payment...I've never been served papers before so it was very exciting. Yesterday I went down to 111 Centre St. to "answer in person". I'm relying heavily on this blue booklet A Tenant's Guide to New York City Housing Court. But it recommends getting real legal advice so tomorrow I'll try to go to the Harlem Community Law Office of the Legal Aid Society.

I sent Bernardo and Eric an e-mail letting them know that I am looking for a new roomate. Tonight some people are coming by to see the apartment.

Still no hot water. I would like to take a shower...it's been few days. The refridgerator is working again...so that is good news. Yesterday Harmony called E. Ponce about the hot water and he said it would be on today by 11...I guess he didn't specify if it was am or PM. I was hoping for AM. Happy 11/11/2006!

complaint #3526200

Today we still have no hot water. Luckily, the weather is beautiful, so heat is not a problem.

After calling Ponce, Nababi (Nababi?), and Jose Gonzoles and leaving messages. I called 311 to report the water and the other problems. (No electricity in bathroom, bathroom fixture missing, no electricity to fridge, cracked and sagging ceilings, peeling paint, broken water faucets, no fire dectors, no buzzer, etc.) complaint#3525 481

Ron Ransom stopped by to deliver notices saying that [545 W 146 St Inc.] is petitioning the courts for eviction on the basis of non-payment. He had one for me and Bernardo Masko (they spelled his name wrong it's supposed to be Masoko) one for my next-door neighbor.

So...I guess now I can go to housing court and respond.

After meeting at the UAW office with Horace, Pablo, Bob and Monique (from the third floor) on Tuesday, I went to the housing court on Center Street to see if 545 W 146 ST or Latima Reality Corp. had filed any papers against me and/or Bernardo Masoko. I couldn't find anything in the computer system. I guess I have to keep going back to check every few days since I'm not sure Bernardo would tell me if he was served court papers. I don't want to miss the court date.

Adil has stayed here a few nights now. I sent Bernardo and Eric E-mail to let them know I was planning on subletting. Bernardo wanted to talk about it but since we have so many unresolved disputes I asked him to wait until we had a mediator. I wanted to avoid another ugly scene.

Krishna and Marcos may come by tonight to get Z's loftbed. I kind of changed my mind about letting her take it, but she sounded like she really wanted it and had already made transportation plans so I guess I can let it go.

Just now coming back from the garden I found someone passed out drunk in the stairwell. I called Edy Ponce to see if he wanted to do anything about but he didn't answer the phone so I called 311. They in turn called 911. Who called EMS. A few minutes later, several Fire and Police people were here in response. They asked me if he lived here. I said it looked like he had no place to live. They woke him and said he had to get up or they would take him to the hospital. After he was on his feet, the FDNY left and the NYPD talked to him in spanish for a while. Then he left and I went upstairs.

Its warmer now which is good since El Super has been slow to fire up the boiler. Tonight Adil is here. Its his fifth day here from France. He is (maybe) going to stay for a while. Hopefully Bernardo and Eric will be nice to him. I'm worried that Bernardo will intimidate him.

Z moved out in August.
phote taken with my lovely mini dv camera

Edy Ponce, the super fixed the bathroom in September.
phote taken with my lovely mini dv camera

Ron Ranson called today to say he recieved the letter I sent last week. He said I failed to mention what I was asking for in order to settle outside of court. I told him that I would happily pay September and October rent since the bathroom was fixed in September. He didn't think the landlord would go for that, but he would see. He agreed to let me know when he had filed court papers so that I would have time to respond.

Last week a private investigator by the name of Ron Ransom stopped by to give me a notice addressed to Bernardo Masoko and Jennifer Johnson. It said we had three days to pay $9, 600 or "Surrender up the possession of said premises to the landlord, in default of which the landlord will commence summary proceedings under the Statue to recover possession thereof."

sometimes baby rats and giant roaches fall out of the hole.
phote taken with my lovely mini dv camera

there's a hole in the ceiling and mold on the walls.
phote taken with my lovely mini dv camera