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.
