Friday, April 18, 2008
Walk Against FDNY Cuts-Sat. May 9 2009
SAVE THE DATE
May 9, 2009
2009 WALK AGAINST FDNY CUTS
ADVOCATE TO PROMOTE
Brooklyn Burn Unit
Fire safety awareness
Dedicated Building Inspection Unit
ADVOCATE TO RESTORE
Permanent Full Engine/Ladder company staffing
Brooklyn's fire engine companies
Fire Marshals & Red Caps
Fire Academy & Cadets
As always, LAFC invites EVERYONE to join in supporting improved fire safety.
LAFC passes closed fire companies and nearby serious fire incident sites.
HOME Latinas Against FDNY Cuts
May 9, 2009
2009 WALK AGAINST FDNY CUTS
ADVOCATE TO PROMOTE
Brooklyn Burn Unit
Fire safety awareness
Dedicated Building Inspection Unit
ADVOCATE TO RESTORE
Permanent Full Engine/Ladder company staffing
Brooklyn's fire engine companies
Fire Marshals & Red Caps
Fire Academy & Cadets
As always, LAFC invites EVERYONE to join in supporting improved fire safety.
LAFC passes closed fire companies and nearby serious fire incident sites.
ARSON AWARENESS WEEK May 1-7, 2009
RSVP-Updates-Details
ROUTE - Sat. May 9 2009
Saturday - May 9, 2009 - throughout the day
Rallies & Reflections
ROUTE & TIMES
TIME
LOCATION.....................PURPOSE..................................FIRE VICTIMS.....................TRANSIT
9am
5011-7th Ave./51St.........Engine278.......................................................................B75+B77 or B75
10am
93 Centre Mall'Clinton...4/2003 FATAL FIRE:1........80yo woman..........................B75
11am
299 DeGraw..................Engine204........................................................................B71
1pm
901 Washington Ave......1/2005 FATAL ARSON.....Haitian Family.......................B48/walk
2pm
1033 Pacific St................2/2006 FATAL ARSON....African Family+College Student
1084 Pacific St................12/7/05 FATAL ARSON...Mr. Aubrey Mack (Homeless)
1024 Pacific St................*commercial fire near 1033................................................. B48
3pm
850 Bedford Av/Myrtle....Engine209........................................................................B44
3:45pm
392 Himrod St./St.Nick....RALLY-Engine271 (near Wyckoff Hosp)..........................L-Dekalb B38/B54
4:15pm
104 Ross St...................4/2005 FATAL FIRE….........3 Jewish boys........................walk
4:30pm
636 Wythe Place..........5/2004 FATAL FIRE............2GrandPs+2Grandkids.....B61
5pm
136 Wythe Ave.............Engine212/Foam91 – NYC’s 10alarm FIRE 5/2/06 burned 15buildings
Rallies & Reflections
ROUTE & TIMES
TIME
LOCATION.....................PURPOSE..................................FIRE VICTIMS.....................TRANSIT
9am
5011-7th Ave./51St.........Engine278.......................................................................B75+B77 or B75
10am
93 Centre Mall'Clinton...4/2003 FATAL FIRE:1........80yo woman..........................B75
11am
299 DeGraw..................Engine204........................................................................B71
1pm
901 Washington Ave......1/2005 FATAL ARSON.....Haitian Family.......................B48/walk
2pm
1033 Pacific St................2/2006 FATAL ARSON....African Family+College Student
1084 Pacific St................12/7/05 FATAL ARSON...Mr. Aubrey Mack (Homeless)
1024 Pacific St................*commercial fire near 1033................................................. B48
3pm
850 Bedford Av/Myrtle....Engine209........................................................................B44
3:45pm
392 Himrod St./St.Nick....RALLY-Engine271 (near Wyckoff Hosp)..........................L-Dekalb B38/B54
4:15pm
104 Ross St...................4/2005 FATAL FIRE….........3 Jewish boys........................walk
4:30pm
636 Wythe Place..........5/2004 FATAL FIRE............2GrandPs+2Grandkids.....B61
5pm
136 Wythe Ave.............Engine212/Foam91 – NYC’s 10alarm FIRE 5/2/06 burned 15buildings
Walk09 Current & Past Sponsors/Participants
Individuals, Organizations, Elected Representatives-Candidates
>>>FOUNDERS OF Latinas Against FDNY Cuts
>>>Josie, Carmen & Lourdes, Sweet Touch Salon, Francezka Unisex Salon
Doris Heriveeax Family
Mothers Against Closings
Brooklyn Visions
Eastern Parkway Coalition
225 Tenants Assoc.
Engine Co.212 Cmty. Action Group
People's Firehouse Inc.
Prospect Heights Action Coalition
Haitian-American Day Care Center
Lincoln Place Civic Block Assoc.
959 St.Marks Avenue Tenants Assoc.
Crown Heights Clergy Council
77th Precinct Council
Maxine Carter Sharing/Caring/Serving Senior Citizens Advocate
Rev. Melvin L. Davis
NYC COUNCIL MEMBERS
NYS ASSEMBLY MEMBERS
CONGRESSPERSONS
CURRENT & PAST CANDIDATES
Fernando Ferrer, Tom Ognibene, Steve Shaw, Chris Owens, Bill Batson, Gloria Mattera, Francis Byrd, Norman Siegel, Esq., Pete Gleason, Esq./ret.FDNY, DL Francis Byrd
x-x-x
FIRE SAFETY TIPS from USFA
GENERAL FIRE SAFETY FACTS
Place properly installed and maintained smoke alarms on every level of your home.
Get smoke alarms that can sound fast for both a fire that has flames, and a smoky fire that has fumes without flames. They are called “Dual Sensor Smoke Alarms.”
Check smoke alarm batteries at least once every year. You can use a familiar date such as when you change your clocks or your birthday as a reminder.
Create an escape plan. Plan two ways to escape from every room. Practice the escape plan with everyone in the home.
If at all possible, install residential fire sprinklers in your home.
FIRE SAFETY FOR BABIES & TODDLERS
■ Store matches and lighters out of children’s reach and sight, preferably in a locked cabinet.
■ Teach toddlers to tell you when they find a match or a lighter.
■ Remember that even child-resistant lighters are not childproof, and store them safely.
■ When a child is curious about fire or has been playing with fire, calmly and firmly explain that matches and lighters are tools for adults to use carefully.
■ Never use matches or lighters as amusement. Children may imitate you.
■ Prevent fires by practicing and teaching fire safe behaviors in your home. Keep children 3 feet away from the stove when cooking, don’t overload outlets, have your heating systems checked annually and use deep ashtrays and soak the ashes in water, if you smoke.
PREVENCIÓN DE INCENDIOS DONDE HAY BEBÉS Y NIÑOS PEQUEÑOS
■ Guarde los fósforos y encendedores fuera del alcance y de la vista de los niños, preferiblementeen una cajón bajo llave.
■ Enseñe a los niños pequeños a que le digan cuando encuentren un fósforo o un encendedor.
■ Tenga en cuenta que aun los encendedores resistentesa niños no son a prueba de niños, demanera que guárdelos en un lugar seguro.
■ Cuando un niño tiene curiosidad sobre el fuego oha estado jugando con fuego, de forma calmada yfirme explíquele que los fósforos y los encende-dores son herramientas para los adultos que sedeben usar con mucho cuidado.
■ Nunca juegue con fósforos o encendedores. Los niños lo pueden imitar.
■ Prevenga los incendios practicando y enseñando en su casa cómo actuar para prevenirlos. Cuando esté cocinando, mantenga a los niños a 1 metro (3 pies)de distancia de la estufa, no sobrecargue los enchufes, haga revisar todos los años el sistema de calefacción, y si fuma, use ceniceros hondos y deje las cenizas remojando en agua.
Latinas Against FDNY Cuts – MISSION STATEMENT
LATINAS AGAINST FDNY CUTS
Latinas Against FDNY Cuts (LAFC) is a grass-roots coalition of volunteer individuals and organizations concerned about the destructive force of fire. LAFC members include survivors, relatives and neighbors of fires, clergy, community board members, students, elected officials, labor and community organizations.
WALK AGAINST FDNY CUTS
Every May LAFC organizes the annual Walk Against FDNY Cuts tour that passes Brooklyn's closed fire companies and reflects at major fatal or arson fires that result in death, injury, poverty and homelessness. We express our distress for reduced fire safety services and show appreciation for NYC's Bravest who daily risk life and limb, protecting our lives for 350years.
Walk Against FDNY Cuts is an annual peoples' testimony that fire is a fearsome element of nature that spreads rapidly to kill, maim and traumatize multiple victims, and that fire service cuts increase risk to both civilians and firefighters.
The Walk is held on the Saturday after May4th, to honor St.Florian, a patron saint of firefighters.
WHY WE WALK
We walk to protest government administrations and budgets that provide our first responder with inadequate ropes, radios or frequencies, quarters, vehicles, bunker gear, wages, contracts, thus weakening our safety net.
We protest illogical budget cuts that close fire companies, reduce staffing and basic equipment – budgets cuts that ignore the resulting costs of death, trauma and loss of property and housing.
We walk to mourn the cheapening and disposability of New Yorkers' lives.
We mourn the loss of neighbors and the devoted, brave people who strive to avoid such loss.
We walk to remember that our constitutional right to speak must be exercised freely and frequently or be lost.
We walk to remember that taxation without representation never can be acceptable in America.
FIRE HISTORY
We walk to honor those who knew the danger yet ran without hesitation to rescue 25,000 from 9/11’s catastrophic arson. In the greatest rescue in history, carrying 100 pounds of gear and defective radios, our Bravest climbed to the 78th floor, ran through a tunnel, took buses, active, off-duty, retired, volunteer and Fire Patrol - they cared and they came for us.
We walk to celebrate and honor The Bravest, who believe that lives of strangers are worth great risk.
We walk to honor hundreds of firefighters forced to early retirement while the Fire Dept. lost their expertise.
We walk to thank hundreds of firefighters injured at Ground Zero, suffering emotionally and physically.
I walk to honor Billy: an exemplary young firefighter killed 9/11. His brothers would ask: "What would Billy do?" I walk because Billy cannot.
We walk to remember that real heroes run to save lives – to catch balls in stadiums for $5million year.
We walk to honor such dedication and example.
We walk to thank firefighters and fire officers working for years without contact or raise.
We walk to remember that firefighters are working men and women, devoted to their families, and we owe them adequate wages, equipment, conditions, respect. We owe them our survival in dire straits.
We walk to honor labor and to remind Wall Street that farms and factories and computers are useless without workers who need living wages.
We walk to remind health professionals that Brooklyn has no burn unit and that fire victims have excruciating injuries and mental trauma.
We walk to remind housing and homelessness professionals that homes burn faster than they can build.
We walk to remind animal lovers that pets die in fires.
We walk to remember that fires often are 1000° and double in size every minute and smoke contains toxins and one of five fire deaths is a kid under 10.
We walk because African-Americans are 13% of the population but 26% of fire deaths.
We walk because NYC is still Terror Central.
We walk because firefighters also provide emergency medical services at ferry, plane, subway, vehicle, and construction accidents, asthma and heart attacks. Now they get anti-terrorism training, and the interrupted meal they pay for may be their last.
FIRE HISTORY of NYC
We remember New York City's terrible fires: the Revolutionary War fires, Luna Park, The General Slocum, the Triangle Shirt-Waist Factory, the 1975 Telephone Exchange fire – lethal to many firefighters, the St.George Hotel, Happyland, the Twin Towers, the subway fire of 10/31/03, the 2006 Greenpoint fire, the 1966 23rd Street fire that killed 12firefighters, the many fires that wiped out 42,000 housing units in the Bronx, any fire that kills a neighbor or firefighter or pet or future.
We walk to remember that we had firefighters before we had a City Hall, which has burned thrice.
We walk to remember that George Washington and prominent citizens were volunteer firefighters.
We walk to remember that since the earliest Wall Street colony, the wooden houses of New Amsterdam burned down and were rebuilt safer with the careful advice of firefighters.
We walk to remember the medieval Knights of St.John Hospitaler who rescued Crusaders and first organized firefighting against incendiary devices used as a weapon of war.
MY TRIBE WEARS BLUE AND RIDES RED HORSES.
Latinas Against FDNY Cuts (LAFC) is a grass-roots coalition of volunteer individuals and organizations concerned about the destructive force of fire. LAFC members include survivors, relatives and neighbors of fires, clergy, community board members, students, elected officials, labor and community organizations.
WALK AGAINST FDNY CUTS
Every May LAFC organizes the annual Walk Against FDNY Cuts tour that passes Brooklyn's closed fire companies and reflects at major fatal or arson fires that result in death, injury, poverty and homelessness. We express our distress for reduced fire safety services and show appreciation for NYC's Bravest who daily risk life and limb, protecting our lives for 350years.
Walk Against FDNY Cuts is an annual peoples' testimony that fire is a fearsome element of nature that spreads rapidly to kill, maim and traumatize multiple victims, and that fire service cuts increase risk to both civilians and firefighters.
The Walk is held on the Saturday after May4th, to honor St.Florian, a patron saint of firefighters.
WHY WE WALK
We walk to protest government administrations and budgets that provide our first responder with inadequate ropes, radios or frequencies, quarters, vehicles, bunker gear, wages, contracts, thus weakening our safety net.
We protest illogical budget cuts that close fire companies, reduce staffing and basic equipment – budgets cuts that ignore the resulting costs of death, trauma and loss of property and housing.
We walk to mourn the cheapening and disposability of New Yorkers' lives.
We mourn the loss of neighbors and the devoted, brave people who strive to avoid such loss.
We walk to remember that our constitutional right to speak must be exercised freely and frequently or be lost.
We walk to remember that taxation without representation never can be acceptable in America.
FIRE HISTORY
We walk to honor those who knew the danger yet ran without hesitation to rescue 25,000 from 9/11’s catastrophic arson. In the greatest rescue in history, carrying 100 pounds of gear and defective radios, our Bravest climbed to the 78th floor, ran through a tunnel, took buses, active, off-duty, retired, volunteer and Fire Patrol - they cared and they came for us.
We walk to celebrate and honor The Bravest, who believe that lives of strangers are worth great risk.
We walk to honor hundreds of firefighters forced to early retirement while the Fire Dept. lost their expertise.
We walk to thank hundreds of firefighters injured at Ground Zero, suffering emotionally and physically.
I walk to honor Billy: an exemplary young firefighter killed 9/11. His brothers would ask: "What would Billy do?" I walk because Billy cannot.
We walk to remember that real heroes run to save lives – to catch balls in stadiums for $5million year.
We walk to honor such dedication and example.
We walk to thank firefighters and fire officers working for years without contact or raise.
We walk to remember that firefighters are working men and women, devoted to their families, and we owe them adequate wages, equipment, conditions, respect. We owe them our survival in dire straits.
We walk to honor labor and to remind Wall Street that farms and factories and computers are useless without workers who need living wages.
We walk to remind health professionals that Brooklyn has no burn unit and that fire victims have excruciating injuries and mental trauma.
We walk to remind housing and homelessness professionals that homes burn faster than they can build.
We walk to remind animal lovers that pets die in fires.
We walk to remember that fires often are 1000° and double in size every minute and smoke contains toxins and one of five fire deaths is a kid under 10.
We walk because African-Americans are 13% of the population but 26% of fire deaths.
We walk because NYC is still Terror Central.
We walk because firefighters also provide emergency medical services at ferry, plane, subway, vehicle, and construction accidents, asthma and heart attacks. Now they get anti-terrorism training, and the interrupted meal they pay for may be their last.
FIRE HISTORY of NYC
We remember New York City's terrible fires: the Revolutionary War fires, Luna Park, The General Slocum, the Triangle Shirt-Waist Factory, the 1975 Telephone Exchange fire – lethal to many firefighters, the St.George Hotel, Happyland, the Twin Towers, the subway fire of 10/31/03, the 2006 Greenpoint fire, the 1966 23rd Street fire that killed 12firefighters, the many fires that wiped out 42,000 housing units in the Bronx, any fire that kills a neighbor or firefighter or pet or future.
We walk to remember that we had firefighters before we had a City Hall, which has burned thrice.
We walk to remember that George Washington and prominent citizens were volunteer firefighters.
We walk to remember that since the earliest Wall Street colony, the wooden houses of New Amsterdam burned down and were rebuilt safer with the careful advice of firefighters.
We walk to remember the medieval Knights of St.John Hospitaler who rescued Crusaders and first organized firefighting against incendiary devices used as a weapon of war.
MY TRIBE WEARS BLUE AND RIDES RED HORSES.
5/10/08 Brooklyn News12 PRESS COVERAGE
4/22/06 5alarm 1245 East Pkwy MAN+Lifetime in Bags
12/7/05 FATAL FIRE/1 1084 Pacific St. Brooklyn
CALENDARS & Arson Awareness Week
2/24/06 FATAL ARSON/4 1033 Pacific St., Brooklyn
Previous WALK AGAINST FDNY CUTS
May 10 2008 - 5th Annual - Walk Against FDNY Cuts
May 5, 2007 - 4th Annual - Walk Against Fire Cuts
May 6, 2006 - 3rd Annual - Walk Against Fire Cuts
May 7, 2005 - 2nd Annual - Walk Against Fire Cuts
May 23, 2004 - 1st Annual - Walk Against Fire Cuts
May 5, 2007 - 4th Annual - Walk Against Fire Cuts
May 6, 2006 - 3rd Annual - Walk Against Fire Cuts
May 7, 2005 - 2nd Annual - Walk Against Fire Cuts
May 23, 2004 - 1st Annual - Walk Against Fire Cuts
LINKS
Links
- CONTACT/RSVP for 5/10/08
- CALENDAR VillageVoice
- 2006 CourierLife
- Past Event Attendees
- 343 MURDERED 9/11/2001
- The Bravest LIVE SCANNER
- UFOA Uniformed Fire Officers Assoc.
- UFA Uniformed FireFighters Assoc.
- International Assoc.of FireFighters
UNOFFICIAL VERY INFORMATIVE INFO re NYC Fire Dept. - U.S.Fire Administration
- UNOFFICIAL INFO re NYC Fire Dept.
- National Fire Protection Assoc.
- USFA US Fire Administration STATISTICS
- TributeWalk
- 2007 Hearings DON'T SELL FIRE HOUSES
- NO FIRE CUTS
- Fire Company Closings
- NYC FIRE STATISTICS
FIRE COMPANY CLOSINGS
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FACTS TO KEEP Rent Stable/Controlled Apartment
FACT SHEET ON RETAINING A RENT STABILIZED OR RENT CONTROLLED APARTMENT AFTER FIRE EVACUATION
COMMUNITY BOARD 8 BROOKLYN – FIRE SAFETY COMMITTEE
QUESTION: How to keep one’s rent controlled or stabilized apt if evacuation is ordered after a fire.
Summary: The evacuated tenants have to notify DHCR/Division of Housing and Community Renewal. The tenant pays $1 a month until the apartment is habitable again and they are able to return to their apartment. The tenant should take pictures of all damage - clothes, furniture, apartment etc. They should also get a copy of the FDNY Fire Incident Report.
Problem: There will be a problem if the tenant does not have private apartment insurance because their personal items are not covered by the landlords insurance policy. The landlord is only liable for the repair of the apartment and the building. However, a case can be made against the landlord if FDNY or NYPD determines that the fire was due to landlord negligence. In addition, the tenants might be able to file an HP/ Housing Preservation action for repairs due to the fire and also file a rent reduction request to DHCR because of the fire. This might not require a FDNY Fire Incident Report on the fire but it wouldn't hurt. Quotes from DHCR Operational Bulletin 95-2
Quote: IV. "Constructive Occupancy" by Rent Stabilized Tenants in Substantially Rehabilitated Buildings - "In certain cases, because of the existence of hazardous conditions in their rent stabilized housing accommodations, e.g., fire damage, some rent stabilized tenants may be ordered by a governmental agency to vacate the housing accommodation. Such vacate order may create a "constructive occupancy," providing for payment by the tenant of a nominal rental amount such as $1.00 per month, while the vacate order is in effect, and permitting the tenant to resume occupancy without interruption of his or her rent stabilized status, upon restoration of the housing accommodation to a habitable condition.
Where the building has been substantially rehabilitated, constructive occupancy will have the effect of excepting the housing accommodation from exemption from rent regulation based upon such rehabilitation."However, the exemption from rent regulation based upon substantial rehabilitation will apply to all housing accommodations in the building which are not "constructively occupied" or actually occupied by a previously rent regulated tenant. In addition, the exemption will also apply to a constructively occupied housing] accommodation if the returning tenant subsequently vacates, or if the tenant who is entitled to return pursuant to court or DHCR order chooses not to do so."
RECOMMENDED PROCEDURE TO KEEP ONE’S RENT CONTROLLED OR STABILIZED APARTMENT IN CASE OF FIRE:
1 Tenants should immediately file RA-81 form with DHCR to reduce rent to $1 - no prior notice need be given to landlord in case of vacancy due to fire according to the form.
2 Tenant should also request expedited proceedings - see DHCR Fact Sheet #34 (fire damage or other conditions amounting to constructive eviction "may" warrant expedited service).
3 It helps to write, in red ink, FIRE -- PLEASE EXPEDITE on the RA-81 form.
4 If the Tenants can obtain a photocopy of a vacate order and attach that to the form, it is helpful. Take the vacate order/s off the doors, photocopy it/them, then put it/them back on the door/s.
5 If the Tenants can obtain a copy of the FDNY Fire Incident Report and attach that, it can be helpful. NOTE: Getting a copy of the FDNY Fire Incident Report is a bit cumbersome and takes some time, You must send a request letter (stating the date and address of the fire) to the NYC Fire Department at MetroTech and you have to enclose $1 and a self-addressed stamped envelope per FDNY Fire Incident Report. Eventually, FDNY will mail the report. Rather than delay filing the RA-81, the FDNY Fire Incident Report can be submitted to DHCR later.
Fire Incident Report REQUEST FORM (complete, enclose $1 per Report and self-addressed stamped envelope)
FDNY
9 Metrotech Center
Brooklyn 11201
718-999-2681
http://www.nyc.gov/html/fdny/html/after_fire/fire_records.shtml
COMMENTS, BENEFITS, DRAWBACKS, WARNINGS TO THE $1 A MONTH PROGRAM PROCEDURE
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
A The DHCR filing is a critical first step. NEXT STEPS ARE:
(1) get an expert, if possible, to estimate the amount of time it would take for restoration.
(2) Bring an HP, whether or not you have access to an expert.
(3a) If you do get an expert HP, try to get your expert's opinion accepted as the deadline for restoration of the tenants to possession.
(3b) If not, then get a plain vanilla repair order, ASAP.
(4) Deal last with the property damages issues.
B The best practice is to make an inventory of damaged property, photograph the damaged property, document if possible the value of the damaged property, keep tabs on any relocation expenses, including meals, and write a demand letter seeking reimbursement that states that damages are still accruing, that contains the magic words "refer this matter to your insurer" and that says when you will dispose of the damaged property if the insurer has not inspected it. Although it is not top priority until after the apartment is restored, a negligence lawyer should be used for any claim over 5K (more than a small claim), and the lawsuit should wait until after the HP resolves (so findings of contempt, other bad conduct by landlord can be included).
DISCUSSION FOR A LAWYER:
(1) File an HP case ASAP! This will put the Landlord on undisputable notice that the tenant wants the apt back, and, even if the court allows a lengthy period for repairs, the Tenant will still have an enforceable court order that entitles your client to be restored to possession.
(2) File a decrease in services application with DHCR, asking the rent to be set at $1 (is there an HPD vacate order?). DHCR will set the rent at $1 and the tenant should pay that amount each month and keep the landlord informed as to where the landlord should contact the tenant when the building is again ready for occupancy.
IMPORTANT:
(1) It helps to write in red ink "FIRE -- PLEASE EXPEDITE" on the front of the services/rent decrease application filed with DHCR.
(2) Get a copy of the FDNY Fire Incident Report. If the tenants can get a copy of the Fire Incident Report from FDNY, they can attach that to the application. Same thing for a copy of a vacate order.
(3) Once DHCR reduces the rent to one dollar per month (which should be retroactive to the date of the fire) it is important that the tenants send the landlord a check for one dollar each month. I advise tenants to accompany this with a letter stating that the check is for rent for the month of ____, and send it certified mail, return receipt requested. If a group of tenants, there can be one letter for several apartments, enclosing each tenant's check, signed by a tenant representative.
(4) Sending the landlord a check for one dollar each month should be done every month whether the Landlord cashes the checks or not.
(5) The Landlord will likely continue to send monthly rent bills for the pre-fire rent stabilized rent, and by the time the matter is resolved the tenants will "owe" thousands of dollars of back rent. But these rent demands have no legal power and should be ignored.]
SUGGESTIONS:
(1) Because the tenants are out of the building, filing an HP proceeding should be pursued without delay.
(2) Landlords often try to avoid allowing the original tenants to move back in.
(3) It gives the tenants some leverage if the Landlord tries to delay repairing the fire damage in the hope that the Ts will get discouraged and give up.
(4) In some cases Landlords want to get the work done quickly, in others they try to drag it out for months or even years.
(5) If the Ts are in different locations, they should make sure they all know each other's phone numbers and addresses, and that if one of them relocates temporarily the others need to know the new contact information.
(6) Once repairs are completed the Landlord must file a rent restoration application with DHCR in order to restore the rent back to the stabilized rent.
EXPERIENCE: Filing HP actions and DHCR rent reduction applications were the keys to returning tenants to their homes quickly. Notify the tenants' nearest post office that the tenants have been locked out of their apt buildings and that they wish to collect their mail from the post office. If the fire was a recent event, go to HPD Emergency Relocation Unit at 100 Gold Street for emergency relocation services. HPD will verify the tenants' eligibility for services and provide temporary shelter through contracted housing providers and will also provided the displaced tenants with priority preference for NYCHA and/or HPD housing. Permanently or temporarily housed tenants can still retain their tenancy rights in their original homes if they choose return. One advantage of getting the FDNY Fire Incident Report (and attaching it to the reduction in services complaint) is to see what FDNY says is the likely cause of the fire. If FDNY thinks the TENANT might be responsible, then getting the apartment back for the tenant client becomes a real concern. But if the FDNY Fire Incident Report does not include negligence by Tenant as a possible cause, there would seem to be no chance that DHCR would find the Tenant responsible.
It takes a couple of weeks to get the Fire Incident Report report from FDNY.
Fire Incident Report REQUEST FORM (complete, enclose $1 per Report and self-addressed stamped envelope
FDNY
9 Metrotech Center
Brooklyn 11201
718-999-2681
http://www.nyc.gov/html/fdny/html/after_fire/fire_records.shtml
The HPD regulation covering relocation assistance to persons displaced as the result of the enforcement of a vacate order is 28 RCNY 18-01 (attached).
HPD's Emergency Housing Services Bureau is responsible for providing relocation assistance to tenants displaced as the result of a vacate order.
2. A description and contact phone number -- (212) 863-8561 -- for EHSB is given at http://home2.nyc.gov/html/hpd/html/tenants/ehsb.shtml
The administrative hierarchy above EHSB is described at http://home2.nyc.gov/html/hpd/html/about/office-descr-housing-ops.shtml
In Cupidon v Donovan, the court required HPD to provide relocation assistance to a tenant displaced from an illegal apartment. It is online at http://www.nycourts.gov/reporter/3dseries/2005/2005_51263.htm
A story about the case appeared on the City Limits web site: http://www.citylimits.org/content/articles/weeklyView.cfm?articlenumber=1758.
COMMUNITY BOARD 8 BROOKLYN – FIRE SAFETY COMMITTEE
QUESTION: How to keep one’s rent controlled or stabilized apt if evacuation is ordered after a fire.
Summary: The evacuated tenants have to notify DHCR/Division of Housing and Community Renewal. The tenant pays $1 a month until the apartment is habitable again and they are able to return to their apartment. The tenant should take pictures of all damage - clothes, furniture, apartment etc. They should also get a copy of the FDNY Fire Incident Report.
Problem: There will be a problem if the tenant does not have private apartment insurance because their personal items are not covered by the landlords insurance policy. The landlord is only liable for the repair of the apartment and the building. However, a case can be made against the landlord if FDNY or NYPD determines that the fire was due to landlord negligence. In addition, the tenants might be able to file an HP/ Housing Preservation action for repairs due to the fire and also file a rent reduction request to DHCR because of the fire. This might not require a FDNY Fire Incident Report on the fire but it wouldn't hurt. Quotes from DHCR Operational Bulletin 95-2
Quote: IV. "Constructive Occupancy" by Rent Stabilized Tenants in Substantially Rehabilitated Buildings - "In certain cases, because of the existence of hazardous conditions in their rent stabilized housing accommodations, e.g., fire damage, some rent stabilized tenants may be ordered by a governmental agency to vacate the housing accommodation. Such vacate order may create a "constructive occupancy," providing for payment by the tenant of a nominal rental amount such as $1.00 per month, while the vacate order is in effect, and permitting the tenant to resume occupancy without interruption of his or her rent stabilized status, upon restoration of the housing accommodation to a habitable condition.
Where the building has been substantially rehabilitated, constructive occupancy will have the effect of excepting the housing accommodation from exemption from rent regulation based upon such rehabilitation."However, the exemption from rent regulation based upon substantial rehabilitation will apply to all housing accommodations in the building which are not "constructively occupied" or actually occupied by a previously rent regulated tenant. In addition, the exemption will also apply to a constructively occupied housing] accommodation if the returning tenant subsequently vacates, or if the tenant who is entitled to return pursuant to court or DHCR order chooses not to do so."
RECOMMENDED PROCEDURE TO KEEP ONE’S RENT CONTROLLED OR STABILIZED APARTMENT IN CASE OF FIRE:
1 Tenants should immediately file RA-81 form with DHCR to reduce rent to $1 - no prior notice need be given to landlord in case of vacancy due to fire according to the form.
2 Tenant should also request expedited proceedings - see DHCR Fact Sheet #34 (fire damage or other conditions amounting to constructive eviction "may" warrant expedited service).
3 It helps to write, in red ink, FIRE -- PLEASE EXPEDITE on the RA-81 form.
4 If the Tenants can obtain a photocopy of a vacate order and attach that to the form, it is helpful. Take the vacate order/s off the doors, photocopy it/them, then put it/them back on the door/s.
5 If the Tenants can obtain a copy of the FDNY Fire Incident Report and attach that, it can be helpful. NOTE: Getting a copy of the FDNY Fire Incident Report is a bit cumbersome and takes some time, You must send a request letter (stating the date and address of the fire) to the NYC Fire Department at MetroTech and you have to enclose $1 and a self-addressed stamped envelope per FDNY Fire Incident Report. Eventually, FDNY will mail the report. Rather than delay filing the RA-81, the FDNY Fire Incident Report can be submitted to DHCR later.
Fire Incident Report REQUEST FORM (complete, enclose $1 per Report and self-addressed stamped envelope)
FDNY
9 Metrotech Center
Brooklyn 11201
718-999-2681
http://www.nyc.gov/html/fdny/html/after_fire/fire_records.shtml
COMMENTS, BENEFITS, DRAWBACKS, WARNINGS TO THE $1 A MONTH PROGRAM PROCEDURE
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A The DHCR filing is a critical first step. NEXT STEPS ARE:
(1) get an expert, if possible, to estimate the amount of time it would take for restoration.
(2) Bring an HP, whether or not you have access to an expert.
(3a) If you do get an expert HP, try to get your expert's opinion accepted as the deadline for restoration of the tenants to possession.
(3b) If not, then get a plain vanilla repair order, ASAP.
(4) Deal last with the property damages issues.
B The best practice is to make an inventory of damaged property, photograph the damaged property, document if possible the value of the damaged property, keep tabs on any relocation expenses, including meals, and write a demand letter seeking reimbursement that states that damages are still accruing, that contains the magic words "refer this matter to your insurer" and that says when you will dispose of the damaged property if the insurer has not inspected it. Although it is not top priority until after the apartment is restored, a negligence lawyer should be used for any claim over 5K (more than a small claim), and the lawsuit should wait until after the HP resolves (so findings of contempt, other bad conduct by landlord can be included).
DISCUSSION FOR A LAWYER:
(1) File an HP case ASAP! This will put the Landlord on undisputable notice that the tenant wants the apt back, and, even if the court allows a lengthy period for repairs, the Tenant will still have an enforceable court order that entitles your client to be restored to possession.
(2) File a decrease in services application with DHCR, asking the rent to be set at $1 (is there an HPD vacate order?). DHCR will set the rent at $1 and the tenant should pay that amount each month and keep the landlord informed as to where the landlord should contact the tenant when the building is again ready for occupancy.
IMPORTANT:
(1) It helps to write in red ink "FIRE -- PLEASE EXPEDITE" on the front of the services/rent decrease application filed with DHCR.
(2) Get a copy of the FDNY Fire Incident Report. If the tenants can get a copy of the Fire Incident Report from FDNY, they can attach that to the application. Same thing for a copy of a vacate order.
(3) Once DHCR reduces the rent to one dollar per month (which should be retroactive to the date of the fire) it is important that the tenants send the landlord a check for one dollar each month. I advise tenants to accompany this with a letter stating that the check is for rent for the month of ____, and send it certified mail, return receipt requested. If a group of tenants, there can be one letter for several apartments, enclosing each tenant's check, signed by a tenant representative.
(4) Sending the landlord a check for one dollar each month should be done every month whether the Landlord cashes the checks or not.
(5) The Landlord will likely continue to send monthly rent bills for the pre-fire rent stabilized rent, and by the time the matter is resolved the tenants will "owe" thousands of dollars of back rent. But these rent demands have no legal power and should be ignored.]
SUGGESTIONS:
(1) Because the tenants are out of the building, filing an HP proceeding should be pursued without delay.
(2) Landlords often try to avoid allowing the original tenants to move back in.
(3) It gives the tenants some leverage if the Landlord tries to delay repairing the fire damage in the hope that the Ts will get discouraged and give up.
(4) In some cases Landlords want to get the work done quickly, in others they try to drag it out for months or even years.
(5) If the Ts are in different locations, they should make sure they all know each other's phone numbers and addresses, and that if one of them relocates temporarily the others need to know the new contact information.
(6) Once repairs are completed the Landlord must file a rent restoration application with DHCR in order to restore the rent back to the stabilized rent.
EXPERIENCE: Filing HP actions and DHCR rent reduction applications were the keys to returning tenants to their homes quickly. Notify the tenants' nearest post office that the tenants have been locked out of their apt buildings and that they wish to collect their mail from the post office. If the fire was a recent event, go to HPD Emergency Relocation Unit at 100 Gold Street for emergency relocation services. HPD will verify the tenants' eligibility for services and provide temporary shelter through contracted housing providers and will also provided the displaced tenants with priority preference for NYCHA and/or HPD housing. Permanently or temporarily housed tenants can still retain their tenancy rights in their original homes if they choose return. One advantage of getting the FDNY Fire Incident Report (and attaching it to the reduction in services complaint) is to see what FDNY says is the likely cause of the fire. If FDNY thinks the TENANT might be responsible, then getting the apartment back for the tenant client becomes a real concern. But if the FDNY Fire Incident Report does not include negligence by Tenant as a possible cause, there would seem to be no chance that DHCR would find the Tenant responsible.
It takes a couple of weeks to get the Fire Incident Report report from FDNY.
Fire Incident Report REQUEST FORM (complete, enclose $1 per Report and self-addressed stamped envelope
FDNY
9 Metrotech Center
Brooklyn 11201
718-999-2681
http://www.nyc.gov/html/fdny/html/after_fire/fire_records.shtml
The HPD regulation covering relocation assistance to persons displaced as the result of the enforcement of a vacate order is 28 RCNY 18-01 (attached).
HPD's Emergency Housing Services Bureau is responsible for providing relocation assistance to tenants displaced as the result of a vacate order.
2. A description and contact phone number -- (212) 863-8561 -- for EHSB is given at http://home2.nyc.gov/html/hpd/html/tenants/ehsb.shtml
The administrative hierarchy above EHSB is described at http://home2.nyc.gov/html/hpd/html/about/office-descr-housing-ops.shtml
In Cupidon v Donovan, the court required HPD to provide relocation assistance to a tenant displaced from an illegal apartment. It is online at http://www.nycourts.gov/reporter/3dseries/2005/2005_51263.htm
A story about the case appeared on the City Limits web site: http://www.citylimits.org/content/articles/weeklyView.cfm?articlenumber=1758.
