Housing Highlights makes it's debut

        This is our first edition of Housing Highlights, a bi-monthly newsletter, targeted for tenants and community advocates. Our goal is to provide timely information on housing issues nationally and in the Greater Buffalo area, together with practical tips on legal issues and landlord/tenant relationships.

        Your feedback, comments or suggestions for future articles are welcomed by our Editor and roving reporter, Diane McGrier, who can be reached at dmcgrier.nls.org or at the telephone number listed below.

        You may also contact Diane McGrier to be placed on our mailing list .

        Neighborhood Legal Services Inc., (NLS) is a private, non-profit agency, funded primarily by the Legal Service Corporation and the Interest on Lawyer Account of the State of New York (IOLA). Financial support is also provided by the New York State Commission on Quality Health Care, the United Way of Buffalo and Erie County, the City of Buffalo, and the State of New York.

        NLS provides free legal services to person with low-income and persons with disabilities. While the majority of its services are provided within Erie County, NLS also provides disability-related services for all of Western New York and operates a Statewide and National Assistive Technology Advocacy Project to assist persons with disabilities and the advocates and agencies that serve them.H

BMHA CLOSES PUBLIC HOUSING WAIT LIST

        Effective September 1, 1999, Buffalo Municipal Housing Authority (BMHA) will cease to accept applications for its Federal Family Wait List.

        In a recent announcement, the Occupancy and Marketing Department of BMHA notes that the number of current applications exceed the number of available public housing apartments. Charles Priore of the Occupancy Department of BMHA indicates BMHA anticipates they may begin accepting applications for families within the next 3 to 6 months.

        BMHA will continue to accept applications for the housing of the elderly and handicapped. H

        In New York State, every lease or rental agreement usually contains an unspoken guarantee. Your landlord must give you a safe and decent place to live. Your landlord cannot make you agree to rent your apartment "as is." This is true whether the agreement is in writing or not.

Some common types of problems, which violate this guarantee are:

1. infestation with roaches, rats or mice;

2. no heat or inadequate or unsafe heaters;

3. faulty plumbing or electrical systems;

4. no hot water, or no water at all.

There are many other problems that can violate this guarantee.

        Yes, but it is not always easy. There are several steps you must take first.  First tell your landlord about the problem. If you have talked to him, and nothing is done, write a letter to your landlord. This letter is very important and should include:

1.A list how many times, where and when you have spoken to him/her about the problem.

2.A detailed description of the problem and how it harms you.

3.A request that the problem be fixed. Give him a date, within a reasonable time, by which you want the repairs done. Be sure to keep a copy.

        It's time to get some help. Call the health and building inspectors. The inspectors will look at your apartment and make a report. Don't miss your appointment and be sure to show them the problems which concern you.

        Sometimes tenants are scared to call an inspector because their landlord may try to evict them when he hears from the inspector. New York State law gives you protection. If your landlord tries to evict you after hearing from the inspectors, you should call an attorney.

        Yes, under certain conditions. RENT WITH-HOLDING IS A VERY SERIOUS STEP and should only be used if there are serious health or safety problems. Before you withhold any rent money make sure you have taken the following steps:

1. Written the landlord about the problem. Be sure to include the information on the list we gave above. KEEP A COPY OF THE LETTER.

2. Obtain certified copies of building and health inspector reports.

3. If the inspection reports show serious violations, you should write a letter to your landlord and tell him or her that you plan to withhold rent until the repairs are completed. KEEP A COPY OF THE LETTER.

        Never ignore any legal or court papers you receive. If you receive court papers, you should contact Neighborhood Legal Services, or another attorney for assistance.

        If you can’t get an attorney, go to court and tell the judge in a clear and precise manner that you have the money and why you have withheld the rent. Show the judge the copies of your letters, any building and/or health inspectors' reports as well as any pictures or other proof you may have.

        The judge will decide based upon the information presented to him or her if you had good or sufficient reason for withholding the rent. If the judge determines that you did not have good cause for withholding rent, you may be ordered to pay the full amount of the rent.

        If you do not have all the money or refuse to pay the full amount, you may be evicted from your apartment.

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Erie County Health Department's general information number is 858-7690.

In Buffalo, the building inspector's number is 851-4949.
Electrical inspector at 851-5902
Plumbing inspector at 851-5067.

Look in the blue pages of your telephone book under the city, town or village that you live in.

DID YOU KNOW?

        A Senior citizen (62 years or older) or the spouse of such a person, may terminate the lease to a premises that he/she reside without penalty, if he/she has signed a lease; intends to sign a lease, or will be entering an adult care facility; a residential care facility; subsidized housing or senior housing. A full month notice is required along with documentation or pending documentation of admission.

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