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Sep 15, 2000, 3:00:00 AM9/15/00

to LIST Deja Queensbridge

Subject: New York Law Journal

Friday Edition o September 15, 2000

The Rights & Responsibilities of New York City Housing Authority Tenants

Written by Elizabeth Shollenberger, J.D.

A BRONX LEGAL SERVICES HANDBOOK

Copyright 1997, Bronx Legal Services, Inc. All Rights Reserved

As a tenant in a New York City Housing Authority building, you have
certain rights and responsibilities, which this booklet will describe.
It is meant as a general outline, and if you become involved in a
dispute with the New York City Housing Authority, you should consider
consulting an attorney.

I. RENT IN NYCHA APARTMENTS

As a general matter, rent is set at 30% of the household's income when
a family lives in New York City Housing Authority housing. Because
your household's income determines your rent, it is very important
that you report to the management office any changes in income, as
well as any changes in who lives in your apartment. Families whose
only source of income is public assistance pay a set rate for their
apartments, based on the size of the apartment and the family size.
Prompt rent payment, paid to the management office by the fifth
weekday of each month, is very important.

A. How Is Rent Determined?

Every year, your family will have a recertification interview to
determine what your rent will be for the next year. You will receive
forms to fill out in advance of the interview, which you should fill
out carefully. Every person who lives with you and gets an income must
report that income. NYCHA will want to see proof of the income (pay
stubs, welfare statements, SSI award letters, tax records, etc.)

If you have a fixed income (in other words, if you get the same amount
of money every month, such as an SSI check, a regular salary, or
welfare benefits), NYCHA will look at your income on a set "base
date". If your income changes from month to month (for example, if
your income is based on seasonal work, tips, overtime, or
commissions), NYCHA will look at your recent history of income to
predict your future income for rent-setting purposes.

All kinds of income should be reported: public benefits, pension,
salary, bonuses, tips, commission, alimony, unemployment benefits,
social security, etc.

In calculating the amount used to set the rent, some of your family's
expenses may be subtracted: carfare to and from work, social security
taxes paid, some work-related expenses such as union dues, tools, and
uniforms, some childcare expenses, a "second-earner" deduction if two
spouses both work, and a per child deduction. Any work income earned
by a minor child in the household is disregarded but must still be
reported.

After these deductions are taken into account, the remaining amount is
called the "adjusted gross income" and your household must pay 30% of
the adjusted gross income as rent.

If you receive public benefits as your family's only source of income,
your rent is set in a different way: your rent is based on the number
of rooms in your apartment and the number of people in your family.

If some people in your household receive public assistance and other
people have another income source, your rent will be higher than the
public assistance level rent.

You should get at least 30 days' notice before a rent increase or
decrease goes into effect, and you should promptly (within ten days)
request a grievance if you disagree with the amount of rent NYCHA has
set for your family. There is a section below on grievances.

Because rent is based on total family income, you may be tempted to
fail to report some of your household's income. This is a very bad
idea and can lead to your eviction. If and when the Housing Authority
learns of the income, you can be charged, retroactively, for all the
rent you should have paid, and NYCHA can start a proceeding to evict
you based on your misrepresentation.

Because some tenants find the income verification forms difficult,
some households fail to file the form or file it late. This too is a
bad idea, because NYCHA can classify your household as having
"non-verifiable income." A household with non-verifiable income can be
charged what's called the "maximum rent" for its apartment size:
"maximum rents" range from $500 per month for small units to over $900
per month for multiple-bedroom apartments. NYCHA can also start a
proceeding to evict you, based on your having non-verifiable income.

B. When Should a Tenant Report Changes in Income?

You should report a change in income to your NYCHA management office
right away. Whether your income is going up or going down, it is a big
mistake to wait. Also, do your best to keep proof that you have
reported the change. Examples of proof include (1) sending a letter by
certified mail and keeping a copy of the letter, along with the proof
of mailing or (2) getting the management office to date-stamp a copy
of whatever documentation you bring in to show your new income.

Some changes in income will result in a new rent-setting before your
next recertification. A lost job in the household or a working family
member leaving the household should result in the rent being lowered
as of the month following the change, if the lost income is reported
within 30 days. If you wait beyond the 30 days, the change will not
go into effect until the month following your reporting the change.
Example: Your daughter, who works, moves out on March 15th. If you
bring in proof of the change before April 15th, your rent should be
reduced as of April 1st. However, if you do not report the change
until June 1st, your rent adjustment will not go into effect until
July 1st.

If a new income source enters your household, you should report it
within 30 days. If someone who was receiving unemployment gets a job
or someone who was receiving public assistance begins to receive SSI,
your rent will be adjusted upward. If you report within thirty days,
the increase will be effective in the month following the change; if
you wait longer to report, the change becomes effective as of the
month in which the change occurred. Example: Bob gets a job on March
25th. If he reports this before April 25th, his rent will change as of
April. If he fails to report it until August, he will owe the higher
rent rate for March through August.

Unfortunately, not all changes in income result in immediate
adjustments in rent. If you are self-employed or rely in large part on
commissions or overtime, the Housing Authority will not re-adjust your
rent, mid-year, to reflect a slow time in your industry. If you have
such a job, you must budget your money in the "good" months to cover
your problem months. It never hurts to try to have your rent adjusted
downward--by all means, speak to your housing manager, if you like,
but plan for a negative reply.

Another income adjustment problem results when a family member leaves
without a forwarding address. When a child or a spouse has stormed out
the door, you may have trouble proving that (s)he is gone. The Housing
Authority will want to see a lease, phone bill, or Con Ed hook-up for
the family member's new apartment or some other written proof of the
change (perhaps a letter from an employer or public assistance). Be
persistent in getting this proof, because your rent may not be lowered
until you prove the departure.

In summary, you should promptly report all changes in your family's
income and ask that your rent be adjusted when your family income is
reduced. Always keep proof (a copy) of what you have given to the
management office of NYCHA and when you've given it to them. If you
are not satisfied with NYCHA's response, request a grievance.

C. When Should Rent Be Paid?

Rent must be paid within the first five business days of the month.
The only exception to this rule is for public assistance recipients,
who are able to pay rent twice monthly after they receive their twice
monthly payments from public assistance. Working families, families
receiving SSI, unemployment benefits, or any other income must pay by
the 5th business day.

If rent is paid after the 5th business day of the month on four or
more occasions in a twelve-month period, the Housing Authority can
start a proceeding to evict you, based on "chronic rent delinquency."
Even if all your rent is paid every month, you can lose your apartment
if you frequently pay late.

D. How Should Rent Be Paid?

You can pay your rent in person in the management office, or you can
mail in rent payments. The management office should stamp your rent
book if you pay in person. If you mail in your payments, you can (if
you wish) mail in your rent book along with a self-addressed stamped
envelope and your rent book will be mailed back to you. Some projects
have done away with "rent books." If your project does not use rent
books, be sure to get receipts for all your payments.

If you pay cash, it is a good idea to pay in person. Cash sent through
the mail is frequently "lost", and NYCHA will not credit you with
payments not received.

Also, you should be aware that NYCHA routinely records the serial
numbers of $100 bills or larger bills, and this information can be and
frequently is shared with law enforcement officers. For this reason,
it's not a good idea to pay your rent with large bills unless you know
where those bills came from. (For example, if a neighbor you don't
know very well or a friend of your friend asks you for change for a
$100 bill, it would be a bad idea to pay you rent with that bill. You
could find yourself in the middle of a criminal investigation.)

If your rent is paid "direct vendor" by public assistance, it is your
job to make sure that the rent money actually is paid. If your case is
closed in error, or if your public assistance center changes,
sometimes payments are missed. You should talk to the management
office to be sure your rent has been paid, if there is any
interruption in your public assistance case. Sorting out any problem
is your responsibility.

II. WHO CAN LIVE IN NYCHA APARTMENTS

Under NYCHA rules, the only people who are entitled to live in your
NYCHA apartment are:

(1) those people who were on your original family composition, when
your family first moved in and who have remained continuously;
(2) any children who came into the household, by birth or
adoption; and
(3) any persons whom NYCHA has agreed to add to you household.
Additional occupants can be approved for permanent or temporary
occupancy. Temporary occupants have no rights to remain, if the
leaseholder dies or moves.

These rules are very strict, and it can be extremely difficult to add
a family member, but NYCHA's reason for its strictness is the length
of its waiting list. NYCHA is concerned about a family "passing on" an
apartment and by-passing the waiting list.

A. Adding Family Members To Your Household

You should report to your management office the birth or adoption of
any child, so that the child can be added to your family composition.

NYCHA encourages its tenants to become foster parents. If your
apartment is large enough to house a foster child, you can quite
easily get permission for a foster child to live in your apartment,
but the child will be added as a temporary member of the household
only. If you subsequently adopt this child, be sure to let the Housing
Authority know.

For any other addition to your household, you need to ask NYCHA's
permission. If you would like the person to remain long-term, you need
to ask for permanent permission; if the person will be staying for a
short while, you can ask for temporary permission.

This rule applies to your adult children, your grandchildren, even a
new spouse, if those people were not part of your household at the
beginning and if they did not remain with you. Permission will
frequently be granted, unless the new household member will result in
overcrowding. These new additions will be subjected to the same
background check as an original applicant, meaning that a proposed
resident can be rejected of (s)he has a high income or a criminal
record.

If you live in a senior citizen building, younger family members may
be given temporary permission to join your household, but they will
not be allowed permanent permission. The same is true of a home health
aide.

If permission is denied, you have the right to have a grievance
hearing. You should ask for such a hearing within ten days of a
negative decision.

B. What Happens When Someone Leaves Your Household?

When a family member dies or moves out, you have an obligation to
notify NYCHA. NYCHA will generally ask for a copy of the death
certificate for a deceased family member.

If a family member with non-welfare income moves out, NYCHA will look
at the facts carefully and ask you to present proof of that person's
relocation, because it will cause your household's rent to go down.

Be cautious about notifying NYCHA that a family member has moved out,
if it is likely that the move-out is just temporary. If your apartment
has, over the years, become overcrowded (because of the birth of
children) and you are on a transfer list, awaiting a larger apartment,
you may not be permitted to have a former household member rejoin your
household.

Example: you and your spouse and your two children moved into a NYCHA
apartment five years ago. In those five years, you have had two
additional children, so that the six of you are now overcrowded.
You are on a waiting list for a larger unit. Your eldest child,
now eighteen, decides to move out on his own. If the move-out
doesn't work well and he wants to return to the household,
permission will be denied, because of the overcrowding.

If your son isn't sure he wants to leave, he should consider remaining
on the family composition: his income will continue to be counted in
figuring the rent, but he will not lose his rights to live in the
Housing Project.

In a similar vein, it is really a bad idea to storm into the
management office and report the "departure" of someone you just had a
fight with, if it is possible that you will patch things up quickly.

C. Remaining Family Members - Their Rights

If the leaseholder dies or moves out, the "remaining family members"
have the right to take over the apartment. "Remaining family members"
are those family members who have been in the household continuously
from the beginning or who were born to a household member or who at
some point were granted permission to become permanent members of the
household.

The remaining family member should promptly seek a "remaining family
member grievance". NYCHA will not, as a rule, process such a grievance
unless the rent is paid up, so the sooner this grievance can be
sought, the better. The monthly rent (often, based on the dead or
departed family member's income) will not be reduced until the
remaining family member grievance is resolved.

A recent court decision ruled that the Housing Authority cannot deny a
remaining family member a grievance solely because the rent isn't paid
up, but it isn't clear whether NYCHA is now applying this rule to all
other tenants.

If the transfer of the apartment is due to a tenant moving out rather
than dying, the departing tenant can be very helpful in straightening
things out with NYCHA. The original tenant should be sure who is
"lawfully" living there before giving any signs of planned departure.
The departing tenant should "sign out" and relinquish his/her rights
to the apartments, and, at the same time, the family member may
request a remaining family member grievance. If you are the remaining
family member, keep in touch with the departing tenant, so you can
contact him or her if you need to.

If you were not a remaining family member under these definitions
(either because you were living there without NYCHA's permission or
with temporary permission only), you can still attempt to legalize
your situation. Seek a remaining family member grievance, and if NYCHA
refuses to grant it or denies it, appeal this decision to the
borough-wide office. Put forth your best reason for why you should be
allowed to stay; good reasons include a long time in the apartment and
a long period of contributing to the rent.

It's likely that you will find yourself in Housing Court soon, in a
"licensee holdover" proceeding. In court, you will often be offered
either time to move or an opportunity for a grievance. The court has
the power to give you up to six months to move, if you pay ongoing
rent.

D. Moving To A Different Size Apartment

If your apartment is over-crowded (defined as more than two persons
for a one-bedroom apartment, more than four persons for a two-bedroom
apartment, more than six persons for a three-bedroom apartment, etc.),
you can ask to be placed on a transfer list. Your project manager will
transfer you to the next available appropriate-sized apartment. You
cannot count temporary residents in determining overcrowding.

If your apartment is under-occupied, your family will be asked to move
to a smaller apartment. "Underoccupancy" is defined as having too few
people, compared to the number of bedrooms. Your apartment is
under-occupied if fewer than five people are living in a four-bedroom;
fewer than four in a three-bedroom, fewer than three in a two-bedroom,
or fewer than two in a one-bedroom. As with overcrowding, you cannot
count temporary residents in preventing a move to a smaller unit, with
two exceptions: foster children and home health care workers. In both
cases, even though these people are not permanent residents, they
should be counted in determining underoccupancy.

You can seek a grievance if you believe that you are in the wrong size
apartment and management is not putting you on the correct waiting
list or is not calling you to offer you an apartment.

III. BEHAVIORS THAT ARE REGULATED OR PROHIBITED

As tenants in NYCHA, which is government-subsidized housing, there are
certain rules you must follow. If you fail to follow these rules, your
tenancy is in danger and your family may face big fees or eviction.

A. Appliances

Clothes dryers are prohibited in all NYCHA apartments, and if you are
found with one in your apartment, NYCHA can begin an eviction action.
Such an action will probably be dropped if your family then gets rid
of the dryer, but if your household was already on "probation," you
could be evicted.

Air conditioners are prohibited in buildings built before 1962. If
your building allows air conditioners, you must get permission before
installing one. NYCHA will wire a special electrical outlet for your
air conditioner and charge you an additional $2.00 per month for the
outlet. NYCHA will also charge you $84.00 per year for extra
electricity; the fee will be spread out over the year for a $7.00 per
month increase. If you install an air conditioner anytime between May
1st and September 30th, you must pay the full year's fee. If you get
rid of the air conditioner, you will be able to reduce your rent by
$84.00 per year in the next year, but even if you get rid of the air
conditioner, you must continue to pay the $2.00 per month outlet fee.
Some buildings allow you two air conditioners (at double the fees);
others allow only one per apartment. If you are interested, ask your
management office.

For the following appliances, you must obtain NYCHA permission and
allow NYCHA to see that the equipment is hooked up properly, but there
is no fee: washing machines, gas stoves, or replacement refrigerators.

For other appliances, you need permission, plus you will have to pay a
monthly fee:

a second refrigerator - $6.50 per month
a freezer (up to 12 cubic feet) - $8.00 per month
a dishwasher - $3.00 per month

If NYCHA finds that you have an appliance which wasn't approved or for
which you weren't paying the required fee, NYCHA will charge you for
every month beginning with your move-in month, unless you can prove
when the appliance arrived in your apartment. NYCHA can also begin a
proceeding to evict you.

B. Pets

If you live in a building set aside for only elderly/handicapped
residents, you can have one cat or one dog by registering the pet with
the management office. In any other project, pets are prohibited
(except for small, caged birds and fish in tanks). The only exceptions
are made for seeing eye dogs, dogs serving the deaf, or a pet acquired
for another disabled or handicapped individual. The handicap can be
physical, mental, or emotional, and a doctor's recommendation is
required. (Generally, an elderly widow or widower or a child facing
some loss in his or her life will be able to get such a pet waiver.)
Pets must be well-behaved at all times.

C. Roommates, Boarders, Subtenants and Other Occupants

You may never "rent out" a room or a part of your apartment to anyone.
You may never sublet your apartment to anyone. The only people who are
authorized to live in your apartment are those people listed on your
household composition, and all of those people should be reporting
their incomes to NYCHA, in calculating the rent.

If you need to be away from the city for business or personal reasons,
you may be tempted to sublet your apartment. Don't do it.

If you charge someone else money to live in your apartment, you can
face eviction proceedings on several grounds: unauthorized occupants,
unreported income and unverified income.

You may, of course, have guests visit you, and sometimes guests spend
the night, but remember that you are responsible for your guest's
behavior, not just in your apartment but in the rest of the building,
too.

D. Nuisance Behavior and Criminal Activity

NYCHA has an interest in making all its tenants behave well, towards
one another and towards NYCHA staff. If anyone in your household is
doing anything that bothers or endangers the neighbors or hurts the
building, NYCHA will try to evict you. "Nuisance behavior" includes
public drinking, graffiti, littering, playing loud music late at
night, fighting with other tenants, urinating in public, breaking
things, making noises, and a lot of other things that hurt your
neighbors or NYCHA.

Criminal activity, including drug possession, is a reason for NYCHA to
try to evict you. If you or a member of your family is arrested for
something done in your apartment, in your building, or project
grounds, or very close to project grounds, remember that pleading
guilty in your criminal case may mean your eviction. Think long and
hard before you plead guilty to something you didn't do: no matter
what the police, the prosecutor, or your defense attorney tell you, if
you plead guilty to any level of any crime, you may be evicted.

Sometimes the people in criminal court will tell you that you have "no
choice" but to plead guilty or that you will have to sit in jail for a
long time, waiting for a trial, unless you plead guilty. You can
decide for yourself what to do, but if you plead guilty, you are
admitting the bad behavior, and you cannot later say in your eviction
proceeding that you didn't commit the crime. Of course, if you or a
member of your family has committed a crime sometimes taking a guilty
plea is a reasonable thing to do, but you should realize that your
criminal behavior will trigger an eviction proceeding.

IV. ROUTINE MAINTENANCE AND GETTING REPAIRS

You should tell NYCHA's management office whenever there is a problem
in your apartment. The best way is to let them know in writing. Keep
copies of anything you send or give to NYCHA.

If repairs aren't made, notify the management office a second time,
also in writing.

After that, you may want to take NYCHA to court in an HP action. Go to
Housing Court, where the clerk will give you forms to fill out. The
court will give you two dates: a date for an inspector to visit your
apartment and a date to return to court. The court will order NYCHA to
make repairs, and if NYCHA still doesn't repair the violations, you
can take them back to court again.

Another way to cope with repairs is (1) first, notify NYCHA in writing
then (2) tell NYCHA in writing that you will not pay the rent until
your repairs are done. However, if you do this, do not lose or spend
any of the rent money. If you have a bank account, leave the rent
money in the bank. When NYCHA takes you to court for failure to pay
rent, tell their attorney and the court about the repairs. Ask the
judge to let you pay rent when the repairs are complete, or, half on
the court date and half upon completion. If conditions are serious,
you can ask for a rent abatement (a court agreement or court order,
saying you do not have to pay all the rent). It is not easy to get a
rent abatement, so don't spend any of your rent money!

Sometimes, NYCHA repair workers will ask you to sign a ticket, saying
that work was done. Don't sign the ticket unless each and every thing
on the list was done to your satisfaction. If you have a leaky
radiator, a broken bathtub, and a hole in the wall, don't sign a
ticket listing these three items unless all three were done.

Repair workers sometimes appeal to a tenant, saying that they won't
get paid or they will get fired if you don't agree to sign off on work
that wasn't done. Don't fall for this! Tell the worker "no" or offer
to cross off the items that weren't done.

Also, don't sign for repairs you aren't sure about. If your bedroom
ceiling gets wet whenever it rains, don't sign off on a repair on a
sunny day. Don't agree that radiators work if heat isn't being given
on the day in question. Make sure the replacement refrigerator gets
cold before you sign for it. If NYCHA workers get nasty, stay calm but
firm.

V. THE GRIEVANCE PROCESS

You can file a grievance over almost any decision NYCHA makes at the
project level if you disagree with it: level of rent, retroactive
charges, denial of permission to have a pet, denial of permission to
add someone to your household, refusal to move you to a larger
apartment, etc. You cannot challenge an administrative agency decision
from 250 Broadway by filing a grievance, nor can you challenge a court
decision by filing a grievance. See the sections below for those
issues. If NYCHA issues a written decision with which you disagree you
have ten days to file your grievance. If you miss the filing deadline
and have an excuse, file it anyway and explain the delay in your
grievance.

There is a form for filing a grievance which NYCHA is supposed to
provide you whenever you ask for it. If NYCHA refuses to provide the
form, write it out on blank paper. At the top, put the word
"Grievance" and the date.

Explain in your grievance form why you disagree with NYCHA's decision.
You can attach copies of any documents you have to prove your point.
The manager of your project will give you a written decision.

If you disagree with the project management's decision, you have ten
working days to appeal to the district chief. If you do not receive a
decision from your project manager after a month or so, send a letter
to the district chief, outlining your problem. Either way, you will
receive a written decision from the district chief.

If you disagree with this second written decision, you have ten
working days to request a formal hearing, which will be held at 250
Broadway. If you lose the hearing at 250 Broadway, you may appeal in
court in what's called an "Article 78" proceeding. You will probably
need a lawyer to file an Article 78.

If you are making a timely challenge to a rent increase, you can
continue to pay the lower rent while the grievance is being decided.
Unfortunately, if you are challenging NYCHA's refusal to lower your
rent--or any other NYCHA decision--you must keep your rent current
during the grievance process. If you fall behind in your rent, which
means failing to pay the full rent by the fifth business day of the
month, your grievance is automatically over and you lose. You cannot
file a grievance if you owe rent.

This policy is sometimes particularly difficult for a remaining family
member who is trying to establish his or her right to stay in the
apartment. Because s/he must continue to pay the rent (which was set
using the prior tenant's income) in order to be eligible to file a
grievance, the remaining family member must sometimes pay a monthly
rent that equals or exceeds his or her entire income. A judge recently
ruled that, at least with respect to remaining family members, this
procedure is not lawful. It's not yet clear whether NYCHA will follow
this court's decision in future grievances. You may need a lawyer to
help you, if you face this situation.

VI. ADMINISTRATIVE HEARINGS AT 250 BROADWAY

The section on grievances described one kind of hearing at 250
Broadway: the third step in a tenant's grievance. Most of the hearings
there, though, are started by the Housing Authority, against the
tenant, to terminate (end) the tenancy.

The Housing Authority can start a termination of tenancy proceeding
for many different reasons: tenant misrepresentation (generally about
who lives in the apartment or income); breach of rules and regulations
(including keeping an unauthorized pet or appliance or failing to file
required forms); chronic rent delinquency (paying rent late four or
more times in one year); non-verifiable income (not filing income
affidavits); or non-desirability (behaviors ranging from merely
annoying -- like littering, playing loud music, or loitering -- to
criminal behavior).

The termination of tenancy proceeding can be based on the activities
of the leaseholder, members of the household, or guests of the
household.

In general, if you receive a notice that you must report for a hearing
at 250 Broadway, take this very seriously and go there, or if you
absolutely cannot go, send a responsible person to explain why you
could not go on that day. Do not ever assume that you can ignore the
hearing because the "problem" is over. Even if you got rid of the dog
or filed the proper form or got the offender out of your household,
you must go to the 250 Broadway hearing office to straighten things
out.

The office at 250 Broadway is near the Brooklyn Bridge stop on the 4,
5, or 6 trains, the City Hall stop on the N or R, or the
Chambers/World Trade Center stop on the A or 1, 2, or 3, trains. It
will take at least forty-five minutes to an hour to get there from the
Bronx.

Take all the documents about the problem with you when you go to 250
Broadway. If the proceeding is about the behavior of someone who does
not live with you, bring proof of where the person does live. If you
believe you have solved whatever the problem was (paid up rent owed,
sent the dog to live elsewhere, submitted the missing forms, etc.),
bring as much proof as possible: your rent book, a letter from the
dog's new owner, copies of what you took to the management office, or
whatever.

Remain calm and tell your side of the story. If the Housing Authority
employees are saying that you or your spouse or your children are
"problem" residents, the worst thing you can do is begin screaming and
shouting. If you behave calmly, it is more likely that the hearing
officer will rule in your favor.

There are four possible outcomes of a termination hearing:

(1) the hearing officer can decide to "terminate" your tenancy;
(2) the hearing officer can place your family on "probation";
(3) the hearing officer can rule in your favor, if you agree to
"exclude" (get rid of) the problem member of your household; this
is called a finding of "Eligible, subject to exclusion";
(4) the hearing officer can rule in you favor entirely, or find
you "Eligible" to continue as a NYCHA tenant.

A. Probation

Frequently, when a family is brought to 250 Broadway for the first
time or for a minor problem, the staff lawyers there will offer a
settlement to you without going through a hearing. Usually, the staff
lawyer will offer you a period of probation in which time the Housing
Authority will watch your household to see that no further rules are
broken. If you agree to probation, and if you are called in for a
violation during that probationary period, you face a very real risk
of losing your apartment. Also, once you agree to probation, you no
longer have the right to question whether you or your family engaged
in the original behavior NYCHA claims you engaged in.

B. Exclusion: How Does it Work?

"Exclusion" means getting the person who caused the problem to leave
your household. For example, if your son got into a knife fight on the
roof, the Housing Authority will generally give you the choice of
"excluding" him or going to a hearing on whether his behavior is bad
enough for the whole family to be evicted.

If a member of your household has been "excluded," it is a very bad
idea to allow the person to continue living with you or even to visit,
unless visits were explicitly agreed to in your settlement with NYCHA.
If the excluded person is arrested in your apartment or your building,
you will almost certainly face another termination of tenancy
proceeding.

Additionally, do not let an excluded person -- or any person who
doesn't live with you -- use your address to get mail. If someone is
receiving SSI or unemployment benefits at your address, NYCHA will
believe that the person lives with you.

If a child or spouse or other relative who does not live with you is
arrested in or near your building, the relative may be tempted to say
that s/he live with you, as an explanation for being in the building.
If this happens, you will get in trouble and your household will face
a termination proceeding. You cannot always control others' behavior,
but try to convince any family members or friends not to give your
address, unless s/he lives with you.

C. Termination of Tenancy

If you miss your hearing, you should immediately go to 250 Broadway
and fill out a form asking that the default be opened. You should list
two important pieces of information on the form:

(1) Your "excusable default", or your reason for missing the hearing.
Good reasons include being sick, having a sick child, being at a
funeral, being stuck in a subway, or some other emergency.
(2) Your "meritorious defense", or the reason you should win the
hearing.

You will hear by mail whether you are being given a new hearing date.

If you lose your hearing or if you have defaulted on the hearing (if
you fail to attend the hearing), then the hearing office will
recommend that your tenancy be terminated.

That recommendation is voted on by the members of the Board of the
Housing Authority, usually about a month later, and the decision is
mailed to the tenant.

If your tenancy is terminated, the only way to undo this is by
appealing in Supreme Court. You have four months to file this appeal.
You will probably need a lawyer to help you.

This four-month appeal period is very strictly enforced, so if you
receive a notice of the termination of your tenancy, start immediately
trying to get an appointment with an attorney.

Even if you have gone to 250 Broadway to try to get a default opened,
and even if you have heard nothing from NYCHA, you still have only
four months to file an appeal, starting from the time you received the
negative decision from the Board of the Housing Authority.

VII. HOUSING COURT

There are generally three kinds of cases affecting you that can be
brought in housing court, one started by the tenant, two started by
the Housing Authority.

A. HP Actions

You can take the Housing Authority to court to get repairs made. See
Section IV of this pamphlet.

B. Non-Payment Cases

If you don't pay your rent, your project manager will serve you with a
"dispossess," labeled "Notice of Petition-Nonpayment."

You must go to court to "answer" the dispossess. You "answer" by
telling the clerk why you didn't pay the rent: because you need
repairs, because you believe the rent is too high, or whatever other
reason you may have.

The clerk will give you a court date, and you must return on that
date, even if you have paid all the rent before that date.

Bring all the records you have to court, if you want to discuss
repairs or if you dispute the amount NYCHA says you owe.

If you need a little time to catch up on your rent, tell that to the
NYCHA attorney in court and try to work out a "payment plan."
Generally, NYCHA will not agree to long pay-outs (more than a few
months).

There are many other handouts and booklets about non-payments, and you
may want to look at those materials, too.

C. Holdover Cases

"Holdovers" are eviction actions for a reason other than non-payment
of rent. If your tenancy has been terminated at 250 Broadway, the
Housing Authority will bring a holdover against you in Housing Court
in order to finish the process of evicting you.

The judge in Housing Court cannot review the facts presented at 250
Broadway, nor can the judge in Housing Court listen to your defenses
if you missed your hearing at 250 Broadway. The only thing the Housing
Court can do is give you some weeks or months to move.

You may be able to get the NYCHA attorney in Housing Court to agree to
let you try to re-open your case at 250 Broadway; if this happens, do
not delay. Go to 250 Broadway right away and try to sort out the
problem. Be persistent. If you can get the help of a lawyer through
Legal Aid, Legal Services, or your union, do so right away.

Two kinds of holdovers can be started directly in Housing Court rather
than at 250 Broadway. If you are not the named tenant, the Housing
Authority can bring a "licensee/squatter" action against you. You
should ask the Housing Authority attorney in court to adjourn the
court proceeding, so that you can file a remaining family member
grievance, if you have a claim as a remaining family member. If the
NYCHA attorney refuses this request, explain to the judge that you are
a remaining family member. If you don't have any such claim, you may
want to negotiate for time to move. The court can give you up to six
months to move, but the court will require that you continue to pay
the monthly rent that was set for the last legal tenant.

The other kind of holdover that can be started in court rather than at
250 Broadway is a drug-related holdover. If you or a member of your
family or a person claiming to live with you was arrested in you
apartment, in your building, on project grounds, or very close to
project grounds, you may receive notice to go directly to Housing
Court, or you may first go to a hearing at 250 Broadway. Be sure you
understand which category your case is in: is the Housing Authority
claiming that they already terminated your tenancy at 250 Broadway, or
instead, is the Housing Authority raising the issue for the first time
in Housing Court? If your tenancy has already been terminated, you
will not be allowed to put on any factual defense in Housing Court;
if this is the first time the issue is being tried, you will be
allowed to bring in witnesses to tell your side of the story.

If you face a drug-related holdover, you should try to find an
attorney. If you are in Housing Court and you or a member of the
household still have criminal charges pending, remember that anything
said in Housing Court could be used in the criminal proceeding. Also,
please re-read section III. D., above, about guilty pleas.

VIII. SOME COMMON QUESTIONS ABOUT HOUSING COURT AND TERMINATION
PROCEEDINGS

Q. Am I entitled to have an attorney provided free of charge in
Housing Court or at 250 Broadway?
A. No, unfortunately, you aren't. You are entitled to bring an
attorney with you, but the government does not have to provide you
with a lawyer. You may be able to get a free attorney through your
union or through Legal Aid or Legal Services, but if you can't do
so, then you must either hire an attorney or go to court or to 250
Broadway without one.

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Q. What if the judge told me to get a lawyer?
A. The judge is strongly suggesting that you find a lawyer because
s/he thinks you have a complicated case, but if you cannot find a
lawyer, you must still return on the next court date anyway, with
or without a lawyer.

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Q. Even though I am current in my rent, the Housing Authority
still wants to evict me. Why is this?
A. If you are in court in a non-payment action, paying all the
rent should resolve the case. However, be sure you understand what
the basis is for the case. If you are in court because your
tenancy was terminated at 250 Broadway or because you are not the
named tenant, paying money alone will not save your tenancy.

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Q. Do cases ever just "go away"? I missed my day at 250 Broadway,
but nothing has happened.
A. It is very unlikely that a case against you will just "go
away." Go to 250 Broadway and find our what happened. In all
likelihood, the hearing officer recommended that your tenancy be
terminated. Fill out papers to ask to open the case up, so you can
straighten it out.

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Q. What if I missed a hearing months or even years ago.
A. If it has been an extremely long time (more than two years),
you may not want to disturb your situation, if NYCHA is continuing
to treat you as a tenant and accepts your rent each month. It is
common, however, for NYCHA to wait six months to a year after you
missed a hearing at 250 Broadway to begin an eviction action. If
you missed a hearing less than two years ago, go to 250 Broadway
to clear it up.

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Q. Can I have a trial in Housing Court?
A. Yes. In a non-payment case you are entitled to have a trial in
front of the judge unless you waive your right, or unless you
default. If you sign an agreement to pay $250 by the end of the
month, you have given up your right to a trial. If you miss a
court date, the court will enter a default judgment against you,
and then you must first get the judge to vacate (set aside) that
default before you could have a trial.
In a "holdover," the situation is more confusing. If you have
already had a hearing at 250 Broadway, the judge in housing court
will hold a trial, but he will not be listening to anything you
have to say about the facts that the judge at 250 Broadway already
ruled on. An example may make this more clear:
Example: Suppose you had a hearing at 250 Broadway because the
Housing Authority thought that you had a pit bull, and the hearing
officer decided to terminate your tenancy. When you get to Housing
Court, you will not be able to tell the judge that you didn't have
a pit bull, because the hearing officer has already decided about
that. You can tell the judge new facts, such as that you got rid
of the dog, or that you have no place to go if you are evicted,
etc.
If you were scheduled for a hearing at 250 Broadway and missed it,
you will not be able to bring up any defenses you had, when you
later go to Housing Court. You can ask the Housing Authority
attorney in Housing Court to give you a chance to go back to 250
Broadway, but if you have a trial in Housing Court, all the things
the Housing Authority claimed in its hearing notice are presumed
to be true.
Example: You were supposed to go for a hearing about having a pit
bull. You missed the 250 Broadway hearing. Sooner or later, you
will get a notice to go to Housing Court. In Housing Court, the
judge had only two choices: s/he can assume that you had a pit
bull, at the times the Housing Authority claims you did, or s/he
can send you back to 250 Broadway. S/he cannot listen to your side
of the story. Maybe you were just babysitting the dog for one day
and it was a chihuahua, but that defense must be raised at 250
Broadway.
Now you can better understand why it is so important to go to
hearings at 250 Broadway.

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Q. Can the Housing Authority treat me different from my neighbors?
A. Legally, the Housing Authority is supposed to apply the same
rules to all tenants, but it is not a good defense in court or at
250 Broadway to admit that you have done something wrong but so
has everyone, or a lot of other tenants. The court will not be
impressed if your defense is "Everyone has a dog," or "All the
teenagers hang out drinking beer in the parking lot" or "Nobody
else pays her rent on time, why should I?" If you feel that your
management office treats you badly because of your race,
nationality, religion, or for some other objectionable reason, you
may want to file a complaint with the New York Human Rights
Commission, but as a defense to your behavior, it will not really
work.

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References

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