For a few months now, I've been talking to people at Hermanas Mirabal and tenants at 545 W 146th Street about the need for a tenant association with (some) encouraging results. Fortunado, Yolanda, Vincente, Leonore, Nancy, Harmony, Tammy, Roberto, Maria, Leo, Paola, and others are open to the idea, Even if they don't always want to get together.

In apt 47, Some repairs have been made. We have a new sink for example. The problems is that the repairs are not done well and the bathroom ceiling always seems to leak again. I am really concerned about the existing mold. Again and again the ceiling gets painted over but the mold on the unpainted side continues to grow.

Someone recommended going ahead with the HP action. A few weeks ago I was down on Centre St. to support Ben with his civil disobedience case, so I stopped in at the housing court and got the papers. I was a little nervous about starting another court proceeding and left the papers in my room when I went to visit my Grandmother. When I got back the papers were gone. I'm not sure what to think about that.

We have had no heat and no hot water. After talking to E. Ponce, I called 311 to make a complaint.

hpd complaint# 3954574

http://www.mirabalcenter.org/who_we_are.htm

Yea! After three months with no sink, we have a clean shiny new one!

This AND the giant gaping hole over the tub finally being covered with dry wall. This is a bigger relief than you might expect. It feels so luxurious to be able to wash hands right there in the bathroom. It's delightful.

And to not have to clean debris+roaches out of the tub daily or cringe as each drip drip drip of mysterious brown water hits my head from the gaping hole in the ceiling is really quite a relief.

AND the electricity is back on! Life is beautiful!

There are still some relatively minor problems like mold, rats, and missing tiles and broken intercoms to contend with but quality of life has taken a great leap forward.

E. Ponce finally came back to work on the bathroom after three months of leaving us with ungrouted tiles, no sink and cement on the floor. Since July we have had another HUGE, dripping hole in ceiling over the bathtub. He installed the sink, patched the hole but left us with two big spots of black mold and no hot water. I don't know if this was an improvement or not. I haven't had a shower in three days.

The electricity is back on.

HPD complaint #3875660: We still have no bathroom sink and the bathroom ceiling has collapsed again. This in addition to all the persistant problems like no intercom and filthy common areas.

Today I am here at Harmony's using here computer and watching Sam and Jake while Harmony goes to get a haircut. No one but Mr. Morgan and I showed up for the tenant meeting last Saturday. Perhaps because, as Mr. Morrgan pointed out. There was not sufficient notice. I plan to talk with Marta and her daughters about what to do next. Maybe we can plan another meeting that people will come to.

No work has been done in Apt 47 since the Judge dismissed the LL petition for non-payment. We haven't had a bathroom sink for weeks.

Work on the bathroom has stopped again.

Monday morning I was getting over a bout of food poisoning and didn't call Jose Gonzales or E. Ponce as I had for the past two weeks. At nine am I was resting and texting my friend Lisa in San Antonio, so I know the phone did not ring and no one rang the bell or knocked on the door. When I got up to go to the bathroom, I found E. Ponce there. I was alarmed. I told him, loudly that he could not come in with out knocking. He said he has spoken to Bernardo. I said I did not care. I still had a right to be informed that someone was in the apartment. He could have should have knocked. He said he had a key to the apartment. I said he still had to knock. he said, "Ok then. I will take everything.", gesturing in a way that seemed to say he would remove the tiles from the floor. There wasn't much else to take. We still had no sink.

Last Thursday I spoke to Marta (apt7) and Maria (Apt 5) about having a tenant meeting this coming Saturday. Harmony(apt46), Vincente(apt41), Mr. Morgan(Apt 31), and I(Apt47) met in Harmony's apartment a talked briefly about the need for a tenants association. Mr. Morgan advised that Marta lead the meeting since she did a good job last time.

On Friday Bernard, Adi and I went to housing court (again). The Judge dismissed our case because the DHCR report did not match the records the LL's attorney presented to the court. According to the DHCR report Bernardo had re-newed the lease without me. Bernardo denied knowledge of the lease re-newal. The LL's attorney said It was a mistake.

???mejor que antes????


These are not the cobalt blue one inch circles I had dreamed of, hoped for and requested. However, admittedly, the floor will be easier to clean than it was before.

**disclaimer***

I do NOT recommend or endorse this tile choice. Although relatively inexpensive...it causes a weird optical effect that is more than a little nauseating. Not something you would want to see when nauseous, but unfortunately the place you have to be when nauseous.

big changes are happening in Apartment 47...The bathroom floor has been jackhammered and pulled up. I'm not exactly sure what is happening now. E. Ponce says that Wonderboard is the preferable material to use but for some reason (It's too thick?)He wants to use concrete instead. Anyway I'm happy they pulled up the old marble floor instead of covering it with concrete. Maybe we can re-new/re-use the chunks in the apartment or in the Garden. Little chunks of 545 History.

E. Ponce, the (super?) of the building and Louis B. who lives in the basement have been working in the apartment all last week and yesterday. The leak in the bathroom has ceased. Louis B. scraped (without a mask) and painted the hallways kitchen and plastered many of the holes.

We are having a disagreement regarding the broken floor in the bathroom. Should we:

A) Rip out the entire 100 year old floor, basket weave marble tile and all, repair the water soaked and sagging boards and beams underneath, then retile the floor with the tile (of the tenant's choosing?) (E. Ponce's choosing?).

B)Pour cement directly on top of the 100 year old floor, basketweave marble tiles, sagging beams, waterdamaged boards and all...then tile over the cement with the ceramic tile of (the tenant's choosing?) (E. Ponce's choosing?)

C)Replace and repair the cracked parts of the floor using a new tile (of tenant's choosing?)as has been done in the past,leaving the sagging boards and beams and basket weave tile as they are.

I vote for either A or C. E. Ponce votes for B. Mr. Nabavi came by and did little to clarify or resolve the dispute...so...work has stopped there for now.

Our Bathroom ceiling continues to drip. It was dripping conveniently near the tub. Now the drip is stronger and has moved to a spot over the toilet. This is very annoying. I placed a bucket on the back of the toilet. That seems to keep it from splashing so much. Apparently the water has shorted out the light again, so we(I) have been using candles at night for about a week now.

Tomorrow is our (Apartment 47's) big day in court. I am making a three part list of reasons why we have not paid rent for the past year.

A)We(I) dispute the amount "owed" prior to July 2006.

As far as I can figure the LL is saying we owe for July 2005, February 2006 and perhaps one other month prior to July 2007. My records show that we had paid for February 2006 (at least I paid Bernardo.) The LL told me in December 2005 that the rent withheld in July 2005 in order to get action on our bathroom ceiling problem would be waved. He may deny saying that now but I remember the conversation clearly and believe we are owed at least that for what we endured. If there is another month in question I don't know what it is.

B)I believe we have been overcharged for this rent stabilized apartment. Prior to November 2006, the LL had not registered leases with DHCR for many years. I believe the LL was not registering in order to evade taxes and/or allow an unlawful increase in rent. The LL gave written testimony to DHCR indicating that the have been no major repairs. (This is also evident by looking at the apartment.)

I also have a question about the lease being renewed in Bernardo's name only. I was under the impression that as a rent stabilized tenant I am entitled to a lease renewal which I was not offered.

C) Lack of services and Breach of Warranty of Habitability. Because of lack of services I feel we are owed a rent abatement off whatever the judge decides is the legal rent. Here is a list of unsafe, unpleasant conditions we have been living with these past 3 years, 9 months (the last year being particularly horrible):

_defective intercom/buzzer (constant)*
_no sign in lobby w/name address and phone number of super, manager or owner (constant)*
_no sign in lobby informing tenants of smoke and carbon monoxide detection requirements(constant)*
_filthy halls and common areas: litter, urine, beer, feces, vomit, cigarette buts and cartons, used condoms (constant)*
_lack of smoke detectors (repaired in apt 47in 2007)*
_lack of carbon monoxide detectors (repaired in apt 47in 2007)*
_ broken windows in common areas (constant)*
_poor security(constant)*
_rats in front of building around trash(constant)*
_no lids on trash cans(constant)*
_no recycling receptacles (constant)*
_broken stairs in front of building (constant)*
_graffiti on walls and doors(constant)*
_debris falling from holes in ceiling (constant)*
_broken floor in bathroom (constant)*
_water damaged cabinet in bathroom (constant)*
_missing, gaping tiles in bathroom (constant)*
_cracked and peeling ceilings(constant)*

_lack of janitor or responsible person (usually)*

_defective door at street entrance(frequent)
_people having sex in stairs (frequent)*
_broken lights in common hallways (frequent)*
_defective elevator (frequent)
_lack of heat at times required by law(frequent)
_lack of hot water(daily)*
_lack of water(occasionally)
_drunk/homeless people sleeping in stairs and hallways(frequent)*
_very loud music late at night (after 1 am) from business operated out of apt #1 (frequent)*

_no electricity in front bedroom (past two months)*
_moldy leaky bathroom ceiling (past three years to greater or lesser degrees)*
_no electricity in bathroom (recurring and current problem)*
_small hole in kitchen ceiling through which large amount of debris falls onto stove*
_leaky ceiling/mold/gaping hole in lobby ceiling (one year)*
_broken tub faucets(more than one year)*
_mice/bedbugs/roaches(occasionally)

_sexual, verbal, and physical harassment from "Super"(constant, especially when trying to organize tenant association or speak with tenants about tenant rights)*

*These starred items are serious problems that exist today.

Many cell phone minutes, lunch hours and sick days have been spent reporting violations to HPD, writing letters, and waiting in housing court. Often have gone to work not having showered for lack of hot water. This year I have been ill more than I have been well and I suspect that is partly due to the mold that has been growing in my bathroom. Two of the four roommates that were here when we decided to withhold rent have moved out presumably as a result of the horrible conditions. I hope the court will recognize how stressful these conditions are and order 545 W 146th Street, Inc. to make repairs, comply with rent regulation laws and compensate us for the lack of services.

A few days ago, Eric (aka Edy?) Ponce, the unofficial Super of the building told me he would come make repairs between 9 and 10 this morning. Like a fool, I waited as I had done all last week. He did not show up.

I started going through the papers from Apt 47's Housing Court trial Last November to prepare for tomorrow's scheduled trial. Although I have made calls to Jose Gonzales to report the lack of electricity in the front bedroom and worsening leak in the bathroom...I realized that I had not called HPD about the recent loss of electricity in the bathroom. I called Jose Gonzales in order to go through the motion of trying to contact him even though he has not returned several previous calls. To my surprise, he answered!

I told him I needed to give him (again) the list of needed repairs and to my greater surprise, he handed the phone to Mr. Nabavi (sp?)the ostensible other owner/responsible person of 545 W 146th St, Inc...He said he would be right over.

Eric (Edy?) the (Super?)joined us and we walked through the building. I pointed out the many needed repairs, including the lack of electricity and leaky bathroom ceiling.

He said he would happily fix them but has not had access. This was a complete lie. I mention that tis very morning I waited for the (Super?) from 9-10 am and he (as usual) left me waiting.

We scheduled another repair time for Wednesday at 9:30.

While I was sitting in Part F of the NYC Housing Court waiting for Harmony and Ron Ransom, the LL attorney (correction: J. Barrington Jackson, the LL attorney)to finish their mediation session...I made a list of some of the unsafe/unhealthy conditions that we have been living with for the past four years:

_Vermin
_Filth
_Broken Door
_Broken Intercom
_Used Condoms, Human Feces, Urine, Vomit, and Beer in Hallways, Elevator and Stairs
_Broken Steps
_Elevator Out of Service
_Missing Smoke Detectors
_Missing Carbon-Monoxide Detectors
_Peeling Paint
_Cracked, Peeling, and Leaky Ceilings
_Mold
_Unhealthy Air Quality
_Lecherous Super (I'll fix your faucet if you have sex with me.)
_Overcrowding Due to Overcharging
_Harassment when Trying to Organize
_Broken Faucets
_Water Damaged Cabinets, Walls, and Ceilings
_Drunk People Passed Out in Stairwell
_Loud Music All Night Long
_Racist/Violent Messages Scrawled in Hallways
_No Contact Number Posted for Management
_construction debris and litter in front, on the side and behind the building

Yesterday Adi and I went to 111 Center Street for the housing court hearing. Ben was there when we got there. We went up to the 8th Floor and checked in with the court clerk. Ron Ransom, the LL's attorney was there. We were the first case called. The Judge was very reasonable and calm and tried to help us come to an agreement. Ransom said he could offer a 20% abatement. Bernardo laughed. The Judge asked if we would accept a 50% abatement. I said I would if all the violations in the building were repaired. Bernardo said he would not accept a 50% abatement. Since we could not come to an agreement, we set a date for trial. May 29th is the date we agreed upon.

In the elevator on the way down, Ransom offered to give a 100% abatement if we would agree to vacate. Bernardo said that he would agree to that. I said I would not agree to vacate.

The ceilings in apartment 47 are cracked and peeling.

Last september, the bathroom light was repaired but not very well. There is a hole in the drywall.

The cabnet under the sink in apartment 47 has been damaged by the water falling from the ceiling.

The bathroom floor and door frame in Apartment 47 are cracked and broken.

The bathroomceiling is leaking and growing moldy again.

The kitchen floor of apartment 47 is cracked and broken

There is a three foot by three foot hole in the lobby cieling where water was leaking.

Children on there way to PS 153 have to walk past this trash in front of 545 W 146th Street.

Since the front door is often broken and the super is often absent...anyone can come into our building and do what they like...legal or not.

Building maintenance has been bad for many years. The hallways get cleaned very rarely.

The stairs and hallways are used as bathroom and bedroom to vagrants, prostitutes, and drug addicts.

The stairs and hallways are usually filthy, and often sticky with beer, urine, and human feces.

My roomate, Bernardo changed the lock on our mailbox and refuses to give me a key. Sometimes I don't get important pieces of mail.

Sometimes the front door lock works...much of the time it does not. The intercom/door buzzer system has not worked since I moved to 545 in 2003.

Trash in back and along the sides of the building are breeding grounds for rats and disease.

This coming Thursday is apartment 47's next court date with 545 w 146th st, inc. This morning, I went around the hallways of the building with samantha to take pictures of the problems in the building. I stopped to talk to a few of the neighbors about problems in their apartments too. Mr. Morgan in apartment talked to us for a while about the history of the building. He says it was very beautiful at one time.

The owners of 545 W 146th Street, Inc have filed another petition or non-payment. Late in March I found two copies of this petition on the floor of our hallway in apt 47 (along with a letter from DHCR dated late December, saying our rent overcharge had been denied.)

I have been waiting for this since the last case was dismissed without prejudice last November. Funny how the landlord's petition happened to co-inside with my travel plans.

Adi and Bernardo went to housing court last Monday and scheduled another court date for the 3rd of May.