---------- Forwarded message ---------From: lyric thompson <
Date: Mon, Feb 22, 2016 at 10:02 AM
Subject: Heating in common areas clarification
To:
"Leon, Celeste" <
<
>

>
>, Heath Heimroth

Dear Deputy Commissioner Mustaciuolo ,
I hope this day finds you doing well. My name is Lyric Thompson
and Im writing you today with a bit of a conundrum that I pray you may be able to shed
some light upon. Heating and installed heating equipment in common areas of Multiple
Dwellings and the violations for said issues with said heat or equipment.
I should for the sake of clarity give you the back story..
1} We the tenants found out that our building was rent stabilized after 5 years. Our
landlord states otherwise on our leases.
Brooklyn Block 3431 Lot 28
2} We have up until September of 2015 have had heating in our entrance , our public
hallway and basement. We also had hot water in the bathroom in our basement. Which
at this time was a common area.
3} We realized that said heating and hot water was being payed for by the tenants as
the landlord doesn't have a meter for gas service.
4} I made a over charge complaint with DHCR 7-3-2015
DS210001HW . The other tenants made complaints as well.
DS210002HW
DS210005HW
5} A DHCR inspector came to inspect our allegation on Sep. 25th, 2015.
6} Sep. 10th the maintenance person told me he was instructed by owner to disconnect
from tenants. To do this they had to cut a gas line as well as plumbing . I called DOB
7} Stop work order and violations were issued due to the gas line tampering. 9-112015
Sense that date we the tenants have worked to get these intentionally damaged
radiators working again. Many calls to HPD HOWEVER there is a policy that HPD
doesn't write heating violations in common areas as HPD has told me more then once
landlords are not required to provide heating in common areas.

 8} I began an HPD action in court to force repairs of not only the heating but a mold
issue I had among others. # 6636/ 15
Even though Judge ordered inspections of our common area heating getting HPD to
write a violation on radiators that clearly don't produce heat has been problematic. They
have been out here many times. HOWEVER violating heating equipment in common
areas is not something that HPD does. Even though the law states that
heating equipment shall be sufficient to maintain a certain temp.
On Jan. 9th 2016 a court ordered inspection of the radiators..
Violation # 7787526
The inspector spoke with Decatur Assets and was told that the radiators
were not hooked up and that there was no boiler for said radiators . When
he left he told me that he wrote 2 violations , one for the non heat
producing radiators and the second for being denied access to the
heating equipment in the basement.
These violations were denied by the supervisor . I was told by Supervisor
Simon as well as by Frank Richards that they didn't write the violations due
to landlords not begin required to provide heating in common areas.
After speaking with Mr Ferrigno another inspector came out 1-19-2016 and
wrote a violation that the radiators had to be properly repaired . Violation
# 7820139
Decatur Assets method of repairing our heating in our common areas was to
rip it out. So now I must put it back on the docket and deal with that. This
was done on 2-2-2016 in defiance of a stop work order.
Now my fear.. HPD doesn't write violations on equipment that it doesn't see.
To allow Decatur Assets to cure this violation by removing our heating I
believe violates the laws in several ways.
1} Decatur Assets intentionally damaged the heating equipment creating a
violation of § 78 Repairs. Not only was the equipment in a state of disrepair
BUT Decatur Assets was the very one who put them in a state of disrepair.
2} They created other violations as well. The stop work order for supplying
gas without testing and all the new gas lines in our boiler room. They even
blew out my hot water heater while disconnecting the hot water in the
basement bathroom.I was without hot water for 8 days. They changed
it without a permit while a stop work order was in place so now more
violations.
3} They did this all TO EVADE A DHCR INVESTIGATION .

 I must say that at this point if this violation is removed HPD will have
unintentionally assisted this landlord in causing and not repairing violations
that were made in the effort to evade being liable to the tenants. I know
that is not the intent of HPD.
I humbly request that you look into this matter and please if you could offer
some relief.
HPD has a difficult job with regard to our housing. Due to the lack of
regulations with regard to those who engage in the business of rentals we
have a lot of landlords who violate the laws at will with little or
no consequence.
This is a situation that both HPD and the citizens must work together
to remedy .
I thank you for your time as well as any assistance you can provide in this
matter. Have a wonderful day.
Sincerely,
Lyric Thompson
1355 Decatur St # 3
Brooklyn NY 11237