WORK RESPONSIBILTY AND BMHA TENANTS

      The Department of Housing and Urban Development (HUD) recently issued new guidelines for all Housing Authorities. These guidelines will have a significant impact on BMHA residents.

        Under the 1998 Quality Housing and Work Responsibility Act (QHWRA) each adult resident (18 years and older) of a public housing development must contribute eight (8) hours per month of community service (not including political activities) within their community of residence or participate in an economic self-sufficiency program.

        Buffalo Municipal Housing Authority (BMHA), this areas largest public housing authority, is attempting to make this a positive experience for residents. BMHA is offering enrollment in a Self Sufficiency Program, job training, various apprenticeships, computer literacy training and GED. BMHA will also provide four Employment Opportunities Center, offering job search assistance with internet access.

        Although BMHA has developed a written policy, they are still in the developing stages regarding the non-compliance issue, which may result in ineligibility for occupancy. BMHA anticipate enforcing the Quality Housing and Work Responsibility Act sometime in the year 2000.

        A public housing agency may not substitute or use work programs to do work currently preformed by public housing employees.

        There are exceptions to these new work requirements. People who are sixty-two years of age or older, blind, or disabled or the primary caretakers of such an individual , people who are participating in a welfare-to-work programs or is exempt from such programs, are exempt from the community service requirements. Residents who are engaged in a work activity are also excluded. Supporting verification will be required.

        The public housing agencies may administer the community service requirement under this subsection directly, through a resident organization or through a contractor having experience in administering volunteer-based community service programs within the service area of the public housing agency.

Security Deposits

        A security deposit is a landlord's way of guaranteeing that he or she will be compensated for any damages that may occur while tenant is living on their property. The amount of this deposit is usually no more than one month's rent, but it can be more.

        If the building has more than six units, the landlord must put the security deposit into an interest bearing savings account. The landlord is allowed to keep 1% of the interest for expenses and administrative cost.

        Security deposits cannot be used as the last months rent unless the landlord agrees, preferably in writing. Security deposits may be used to pay for damages that a tenant causes while moving in, living in or moving out of the landlord's property.

        Security deposits are usually returned after a tenant has vacated the apartment. Upon termination of the tenancy the landlord should inform the tenant of any damage the tenant will be held responsible for.

        The landlord may deduct a portion of the security deposit to cover the cost of any damages.

        A landlord may use the security deposit for: (a) reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; and (b) as reimbursement for any unpaid rent the balance must be returned to the tenant.

        Landlords may not keep a deposit if the tenant did not cause damage or had no rental arrears upon vacating the apartment.

        Small Claims Court is an available option to retrieve a security deposit if a tenant believes it has been unjustly withheld after the tenant has moved out. H

MOVING INTO THE NEW APARTMENT

        When can a tenant take possession of their new apartment..? The applicable law is SECTION 223-a OF THE REAL PROPERTY LAW. It states, "In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term." This means that the owner of the building should make sure that a tenant will be able to move into the unit and take control of it as a tenant on the date the tenant and owner decide and agree on. That date marks the beginning of the tenancy unless the tenant and owner agree otherwise. This information should be in writing and the tenant should get receipts for any money paid to the owner in anticipation of taking possession of the apartment and throughout the tenancy.

        The owner is responsible. If the landlord and tenant cannot come to some agreement about when the tenant can take possession of the apartment the tenant may demand that all money paid for the apartment be refunded in full.

        The tenant can file a claim against the owner in Small Claims Court. Contact your town or city court for more information regarding Small Claims Court.

        Owners often attempt to restrict the number of people who live in an apartment. These restrictions may be illegal and not enforceable. The following people can reside in an apartment. 1) The person who signed the lease (the primary tenant); 2) the tenant’s immediate family (spouse and dependent children; 3) one other person (an occupant). A landlord may not evict a tenant for permitting additional occupants as long housing or building codes by that limit over-crowding are not being violated.

        A lease is a written agreement between a tenant and landlord. This agreement explains the rights and responsibilities of each party. The words used in a lease should have everyday meanings that people today are accustomed to. Landlords must use leases that their tenants will be able to read and understand without difficulty. The law requires that every written residential lease entered into by a landlord and a tenant be written clearly in plain English, and organized in a manner that is easy to follow.

        The print size in a lease should be large enough so that the lease can be read easily. You should not have to use a magnifier or other instrument in order to read it.

        If you have questions about a lease, you should contact the Housing Unit of Neighborhood Legal Services, Inc.

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