THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
(716) 847-0655 ext. 402   dandelion@nls.org    www.nls.org
Volume 8 Issue 1                                                                              January/February 2000
Copyright 2000, Neighborhood Legal Services, Inc.

in this issue..
How to Find An Apartment
What is A Lease?
What About Habitability?
Security Deposits
Evictions
Housing-Financial Assistance
Healthwatch Stress and Heart Disease
Poetry
Recipe - Darlene's Fiery Fried Chicken

Housing Rights

        Your home can be the center of your life - whether it is the house you have grown-up in, the apartment you live in with your family, or your first apartment on your own. However, if you have bad living conditions, a landlord that is tough to deal with, or bills that are too high for you, your home can turn into your worst nightmare.

        This newsletter discusses your rights and responsibilities as a tenant. It gives tips on finding the right apartment, how to deal with your landlord, and how to read a lease. In addition, we will discuss what you can do if your living conditions are unsafe or unacceptable. You may wish to save this newsletter for your future reference.

        Often people are so desperate to move, they may take the first apartment that they see, or one that fits into their price range. This could be a big mistake for you and your family. When you are searching for a place of your own, there are many important things to look for. Some items you cannot just “see,” but you should ask your landlord about them. Take this list with you when you look at an apartment. Finding the right answers will help you to find a safe and happy home.

• Storm windows?
• Water and garbage fees?
• Locks, lights by entrances?
• Water pressure?
• Other apartments in the building?
• Age of appliances?
• Type of heat? How much does it cost?
• Water stains?
• Where does the landlord live?
• Evidence of rodents in cupboards?

        A lease is a binding contract between you and your landlord. A lease usually runs for a year, but can be shorter or longer. A lease protects you from being evicted for an illegal reason and tells you what your rights are as a tenant. Leases usually contain all of the rules that your landlord has set out for you, as well as all of your responsibilities as a tenant.

        All leases must be in “plain English” by law. This means that the words used must be everyday words that most people would understand. The print size of a lease must be big enough to be easily read.

By law the type must be larger than the type in this sentence.

        All leases must be signed by both you and your landlord, and you should always keep a copy of your lease handy. Not all landlords require leases. You may be asked to sign a rental agreement, which should have the same elements as any lease and can be for any length of time.

        Some landlords do not use leases at all. This is called a “month - to- month” tenancy. In this case, you may have fewer rights than if you had a lease. For more information on this, see the section on Evictions on page 6.

Things to Look for in a Lease

• How much is the rent?
• When is the rent due?
• Who pays utilities?
• Can you have pets?
• Do you need a security deposit?
• Are there late fees?
• Who is responsible for repairs?
• How do you contact the landlord?
• How long is the lease?

        Your apartment must be a safe and decent place to live - - no matter who you rent from, or how much it costs. Every lease or rental agreement in New York contains an unspoken guarantee that there will be no “bad conditions” (e.g., conditions that threaten like, health or safety) where you live. The law does not cover conditions like apartments that are just dirty, look bad, or have an old carpet or appliances.

Yes, but it is not always easy. In order to preserve your rights, you should do the following things:

1)  make a list of the problems and how they hurt you;

2)  make a list of when you have talked to your landlord about these problems;

3)  put a request in writing to the landlord to fix the problems;

4)  take pictures of the problems; and

5)  keep copies of all of these things!

YES. In New York, a landlord cannot do anything to you or your lease just because you have called an inspector. Make sure that you get a copy of the inspection report, and the inspector’s name Here are the numbers for Inspectors in Erie County:

Health Department: 858-7690
Building Inspector: 851-4949
Electrical Inspector: 851-5902
Plumbing Inspector: 851-5067

ONLY under certain circumstances can you not pay your rent. Send a copy of the inspection report to your landlord and inform him/her that you are withholding your rent. DO NOT SPEND THIS MONEY! If you do, and the landlord fixes the problems, you may have to give the landlord the money that you owe.

- Rat or insect infestation
- No heat
- No hot water
- Exposed electrical wires/ plugs
- Leaking ceilings
- Broken windows
- Inadequate heaters

        A security deposit is a landlord’s way of guaranteeing that any damage you cause will be paid for when you leave. The amount of a security deposit is usually one month’s rent, but CAN be more. The landlord keeps your security deposit until you move out. If you cause damages to the property, the landlord may use your security deposit to cover these costs.

        By law, a landlord has a reasonable amount of time to return your security deposit. This usually means about a month. If your landlord does not return your deposit, you should call to ask if there were damages you are being charged for. If your landlord will not return your security deposit, you may also take him/her to Small Claims Court.

        Your security deposit is not a month’s rent -it is for a different purpose. If you do use your security deposit for your last month’s rent without your landlord’s permission, your landlord may start eviction proceedings. Your landlord has the right to bill you for any damages that he finds after you leave. If you do not pay this bill, your landlord could take you to Small Claims Court.

        First, try not to damage the property. Protect your deposit by taking pictures of your house inside and out when you move in, and when you move out. Or, make a checklist of the apartment with your landlord when you move in, and go over it again when you move out.

Evictions

        Your landlord will be awarded a “warrant of eviction,” or a “72 - hour notice.” This means that you have 72 hours to remove your belongings, and leave the property. You will know you have gotten a warrant of eviction by either hearing about it at court, or seeing it when a sheriff or marshal brings one to your house.

        NO. Under no circumstances can a landlord change the locks without taking you to court first. If this happens call the police and an attorney immediately.

        If you are having trouble paying your rent, there are several places to turn to try to avoid eviction.

Consult your landlord: First, you should consult with your landlord. Often landlords are willing to work out payment plans in order to allow you to keep your apartment. You should gather any money you are able to pay and ask your landlord about setting up a payment plan for the remainder of your rent for the month. Speak with your landlord as soon as possible.

Department of Social Services: If you have received eviction papers, you can ask the Emergency Housing Unit at the Department of Social Services for assistance. DSS may be able to pay your back rent depending on your income and circumstances. You may be asked to sign a repayment agreement. Bring your court papers and income information to the Rath Building at 158 Pearl Street, on the 1st Floor, or call 858-6754 for more information.

Community Action Organization (CAO): CAO provides emergency rental assistance loans to stop an eviction. Once you receive notification from your landlord that you need to “pay or quit” or once your receive court eviction papers, you can call CAO for assistance. This assistance is an interest free loan that will need to be repaid over time. Contact CAO at: 70 Harvard Place, Buffalo, 881-5150 to see if funds are available and to schedule an appointment.

FEMA Funds: Several agencies will help with the application for FEMA funds. This money can be used to prevent mortgage foreclosure or to prevent eviction. Funds are usually available from around January to April. Agencies that help with FEMA applications include the Red Cross, CAO, Parents Anonymous, Native American Community Center, and Hispanics United.

Your local church or parish: Oftentimes churches or parishes have emergency funds available for families in crisis. If you belong to a church, consult your parish in order to find out what assistance may be available.

AIDS Community Services: If you are HIV+ or have AIDS, you may qualify for rental assistance through AIDS Community Services. Call them at 847-2441.

Salvation Army: The Salvation Army provides an emergency rental assistance loan to people being evicted. You will need to have been served with eviction papers. Contact Salvation Army at 960 Main Street, Buffalo, 884-4798.

Family Loan Program: Child and Family Services provides no-interest loans for families (you must have a child). This loan may be used for housing costs (rent, mortgage, security deposit) up to $850.00. You must demonstrate that you are unable to borrow from a bank of any sort, and you must be enrolled in an education program, or working at least 20 hours a week. For more information, call 882-0555, extension 111.

Stress and Heart Disease

What Too Much Stress Does To Your Heart

        Stress in itself is not unhealthy. Stress is just your body’s response to any physical or emotional demand. But too much unrelieved stress can lower your body’s resistance to disease, contribute to disorders such as stomach ailments and insomnia, and may cause changes in the body’s chemistry that can directly affect your heart health.

        The stress response, is your body’s physical reaction to a stressful situation. You’ve probably heard it called the “fight or flight” response, too. This is because the physical changes that occur are designed to help your body survive an attack-to stay and fight, or flee from the threat. When your body reacts to stress, it produces more adrenaline (a stimulant), your heart rate and respiration increase and your blood pressure rises. Fatty acids and cholesterol are emptied into the blood stream, and the blood itself becomes thicker. Muscles tense and prepare for action. When the stressful situation is relieved, your body relaxes and these processes reverse themselves.

        Unfortunately, many of us live stress-ridden lives: one stressful situation is followed almost immediately by another, with little or no time to relax and allow our stress response to “shut off.” Constant, unrelieved stress means that the heart remains over-taxed indefinitely and blood pressure, cholesterol and fat levels in the blood remain elevated. All of these conditions are known to cause arterial damage which increase the likelihood of developing coronary artery disease, a major risk factor for heart attack.

        The key to reducing stress and heart disease risk is not in eliminating all stress, but rather in learning how to manage your response to stressful situations. Managing stress also means learning how to relax following stressful periods so that your body has a chance to recover.

        Begin by identifying the stressful situations in your life and considering what you can do to influence them. Can you avoid them? Can you learn to accept the situations you can’t change? When you find yourself in a stressful situation, practice stress-reduction techniques. One time-honored technique that virtually anyone can do is deep-breathing. By concentrating on breathing slowly and deeply, you can literally counteract your body’s stress response. If you need help in learning to manage stress, ask your healthcare professional for a referral. When you learn to manage stress, you’ll be happier, and your heart will be healthier too!

Credit to: Erie County Department of Health

Take it One Day at a Time

Project Dandelion has grown!!This fall, Dandelion expanded in order to serve the teenagers of Western New York. Project Dandelion’s Teen Connection is teaching teenagers their civil legal rights in the Buffalo Public Schools and in community agencies. Since late fall , the Teen Connection has presented over 15 workshops to over 150 youth in our community. Each workshop helps teens become actively involved in planning for, and dealing with their own future. Workshops include: The Reality of Welfare Reform, Tenant’s Rights, Medical Services for Teens, Budget/Credit Issues, Self-Advocacy Skills, Employment Issues, and Family Law for Teens.

Workshops are followed up with legal intake or services. To find out more, to receive a manual from any of the workshops, or if you know a teen that can use our services - please call 847-0650, ext. 226. Watch for us, we may be at a school or community agency near you!

Once one side of the chicken has begun to brown, turn over to the other side. Chicken will become tender once it is done. Depending on the amount of oil in the pan, chicken will also begin to float to the top of the pan. Bon Appetit !

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