Monday, November 5, 2018

Surveillance: Audio and Visual


Security cameras can be a major benefit to a landlord. However, tenants may be more ambivalent about their presence. While they obviously make the building more secure, they can also be seen as an invasion of privacy. The law agrees on some occasions. Surveillance of private property by someone who is not the owner is illegal. Similarly, spying on your tenants in their apartments is also prohibited. Cameras are only legal if they are being used to monitor public areas.

However, before we get to where cameras can and cannot go, there is something even more pressing, and that is audio. The law sees eavesdropping on unwilling parties as more of an invasion of privacy than monitoring them with a camera. And while there are a limited number of conditions that allow for audio surveillance, it’s best to avoid the issue entirely unless it becomes an absolute necessity. If you do believe you need to have audio surveillance, consult an attorney. Do not install any equipment that can record audio unless they approve of its usage.

As the LandlordsNY Legal Expert Michelle Maratto Itkowitz wrote in response to a question posted on the site some time ago, “Audio surveillance is governed by the Federal Wiretap Act, which prohibits intentionally intercepting ‘any wire, oral or electronic communication.’ See, 18 U.S.C. §2511.” She adds that, “§ 250.05 of the New York Penal Law, captioned ‘Eavesdropping,’ renders it a class E felony for any person, other than a law enforcement officer…to engage in, among other forms of surveillance, ‘mechanical overhearing of a conversation.’” Mechanical overhearing is defined in N.Y. Penal Law § 250.00 as “the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment.”

To reiterate: Having a security camera equipped with audio is not 100 percent illegal, but it is only rarely deemed warranted in the eyes of the law. Unless your attorney has approved it, do not put a security camera with a microphone in your building.

Back to the thorny issue of camera placement. We can split this into two categories: indoor cameras and outdoor cameras.

For outdoor cameras, the rule is straightforward. You have the right to watch over public areas such as sidewalks and streets. You can also install cameras that monitor the outdoor portions of your property. However, the Backyard Surveillance Bill, which was signed into law by Governor Cuomo this past summer, prohibits you from pointing cameras into your neighbors’ backyards. If a neighbor feels pestered, threatened, or uneasy about the camera, you are required to take it down or reposition it. If you refuse, the displeased neighbor can ask for an injunction from the court. Note that this is a civil matter, so it's not like you'll go to jail, but it still could cost you. The law says nothing about front yards.

As for interior cameras, the logic behind the law is pretty much the same: Don't invade someone else's space. You can't angle cameras so that they'll see into the private lives of your tenants. The best way to think about it is a kind of crass question. Here it is: Is it reasonable to assume that this camera will see naked people? If the answer is yes, don’t put the camera there. If the answer is no, you’re probably okay. This means that cameras are not prohibited in the lobby, vestibule, mail rooms, public hallways, amenity areas (gyms, pools, dog spas, etc.), or elevators, and that they are prohibited in bedrooms, bathrooms, changing rooms, and the like.

This brings up perhaps the thorniest issue concerning security cameras: Surveillance of a particular apartment.

Let’s say, for example, that you suspect there are tenants who are renting out their apartment on Airbnb, and you want to go about collecting evidence before you bring the issue up. For this evidence to be admissible in court, you need to ensure that the surveillance does not violate the tenants’ privacy. In this case, it would mean by capturing any image of the interior of the apartment. You only want to document who comes and who goes. The specifics of what happens inside the unit is irrelevant and entirely none of your business. You also need to have the footage “authenticated.” Consequently, it is highly recommended that you hire a professional investigator to set up the camera so that it does not violate tenants’ rights and so that it can be properly authenticated and, therefore, admissible in court.

To summarize, here are the hard and fast rules of security cameras: No audio, no neighbors' backyards, no potentially naked people, and no doing it yourself when it comes to monitoring specific tenants.

Saturday, October 20, 2018

Five Telltale Signs Work is Being Performed Illegally

No permit and unlicensed workers outside of Apt#5G (Cutting corners and saving money can risk the lives of the workers and of the tenants in the building. Integrity and safety are linked. (Photo: Kirby Sommers October 19, 2018)

There are five telltale signs that work is being performed illegally:

1. Work after hours. The New York City Department of Buildings permits work only Monday through Friday 7 A.M. to 6 P.M. Co-ops and condos tend to further restrict the hours (so as not to inconvenience or disturb residents).  The most flexible ones usually allow work 9 A.M. – 5 P.M.

 2. No work permits posted. If walls are being demolished or moved, a work permit is needed. It doesn’t matter how small the wall is.

 3. Nobody on the job site speaks English. If the contractor does not speak English, chances are that he is not licensed and insured.

 4. Work contrary to approved plans. Posted work permits list in abbreviated form the scope of approved work. If permits indicate demolition and new walls are being built, something is wrong.

 5. Questionable safety.  If workers are on scaffolds and do not have safety harnesses, they probably do not have the required OSHA (Occupational Safety and Health Administration) certifications. If they do, then they are violating code.



(Penal Law § 120.20: A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person)

 

Wednesday, October 17, 2018

Asbestos: Legal notice for asbestos related work in residential building


 
Legal Notice for asbestos related work to be done in building

Project Requirements: Asbestos



A project may involve the removal or disturbance of Asbestos Containing Material (ACM).  Pre-1987 buildings may have plumbing piping and equipment insulated with asbestos, or may contain walls, floors, ceiling tiles, roofing, etc. made with an ACM.  These buildings, prior to permit, an asbestos assessment is required to determine whether the site is asbestos–free, has a minimally acceptable amount of ACM to not be an Asbestos Project, or requires asbestos abatement per NYC Department of Environmental Protection (DEP) rules and regulations.

Pursuant to DEP rules, applications for renovation projects shall comply with the following procedures with respect to the asbestos certification requirements.

Old radiator pipes removed on September 27, 2018 in Apt#5G (also in 5H 4G, 4H)

 

NEW YORK STATE LAW: NOTICE TO TENANTS

 

Before a large abatement begins, NYS requires the property owner and the asbestos abatement contractor to provide 10 calendar days written or posted notice to residential and business occupants on the same floor and one floor above and below the abatement area. Three days notice is required for small or minor abatements. Notice for emergency abatements must be provided as soon as possible.

Tuesday, October 16, 2018

Kirby Sommers is being harassed, threatened, initimated by landlord for tenant advocacy work

Stock image. Not actual image of the front of my apartment.
 

In yet another display of intentional infliction of emotional duress and to retaliate/harass me into moving out of my apartment because of my tenant advocacy work via the tenants’ association – our landlord had men show up at my door with sledgehammers yesterday (10/15/18).

The acting super, Brian, knocked on my door at 10:30am (which is illegal – an agent of any landlord cannot just knock on your door unless it is an emergency) – to tell me they were going to break apart the hallway floor tiles in front of my apartment.

Last month when they attempted to do this (some minor repair work needs to be done) – they agreed to wait until “after” my apartment has been repaired.

However, that did not happen.
 
I opened the door and saw 2 day workers (unlicensed) with sledgehammers and our 23 year old super standing there. My mind raced to images of rats invading my apartment, dust, noise.

I became momentarily unhinged: “No way you are doing this today!”
 
 
Brian, the acting super, got into the elevator and left to speak with the managing agent of the building Joe (Zef) Zagreda. When he came back up he told me that they would “not do it today, but are giving me 7-day notice.” (This reference was in direct response to my email to them alerting them of how to properly notify tenants).
 
I immediately contacted Arthur (the owner/landlord) and he told me: “You and I are enemies, the tenants’ association…” Whenever he and I speak he always brings up the tenants association.

I responded: “many of the tenants have told me that you were the person who created the tenants’ association. We have a volunteer group and no one likes to work long hours for free making you do the right thing.”

“Don’t lecture me,” he responded.

Reluctantly, he agreed to delay the work until after repairs to my apartment have been made. However, he also told me he will only speak to my attorney and will no longer speak with me directly.

This is also illegal and costly on my end.

His son, Alex, months and months ago in April told me: “Kirby, you have to move, your apartment is very damaged due to leaks from the roof, so you have to move.”

This is the point when I knew I needed an attorney and so I hired one.

That was May. It is now middle of October and the only thing in my apartment that has been repaired is the intercom.

 
>>>
 

If you are being harassed by your landlord you may file a complaint.

 

Information on what constitutes harassment and how to file a harassment complaint can be found here:

 

https://www1.nyc.gov/site/hpd/renters/harassment.page

 

 TYPES OF HARASSMENT:

Various methods may be employed in cases of landlord harassment, such as, but not limited to the following:
  • Withholding maintenance on the property, such as garbage collection, landscaping, or repair of broken fixtures
  • Verbal and written complaints, imagined or exaggerated, of tenant's supposed improper conduct (see notice to quit)
  • Deliberate defacing of the rented facilities or the property of the tenant
  • Creating a nuisance for the tenant (for example, by generating loud noise)
  • Intimidation and threats of physical or financial injury directed at the tenant
  • Physical assault or other direct criminal activity directed against the tenant
  • Attempt to enter apartment or housing without cause, or without emergency need to check on premises or on tenant activity
  • Claiming emergency when no emergency exists to enter apartment, housing, dwelling etc., without proper notice.
  • Not letting tenant peace on property via repeated attempts to enter dwelling.
  • Harassment about Rent Not Paid, or Not paid in full.
  • Disconnecting water supply or electricity, without proper notice

Saturday, October 13, 2018

Trash Chute | Airborne bacteria | Maintenance | What you want to know

Trash Chute at 143 West 69 Street
 
 

A blast of bacteria laden air sucker punched me awake at 3am this morning. I suddenly remembered the trash chutes were being cleaned and realized they were probably doing this in the middle of the night.
Trash chutes also called “hoppers” have never been cleaned in our two sister buildings. No one, including myself, has any recollection of the landlord ever performing any maintenance on them other than replacing loose doors when it is brought to their attention by a tenant.

Maintenance man said he'd never seen dirtier, grimier trash chutes than our two buildings. "They've never been cleaned."
 
Garbage chutes have vents and this allows the stench to circulate into the hallways and into our individual apartments where we are then, without any knowledge, exposed to airborne bacteria and toxins.
Fire is another possibility for trash chutes that aren’t maintained properly. A combination of grease, grime and bits of debris can immediately ignite and start a fire in any residential building where proper maintenance is not performed.
I had some minor skin lesions on my face for a couple of hours after the dirt literally hit my face.
Another day. Another disaster barely survived.
I am happy our landlord and management company cleaned the trash chutes but may sleep somewhere else if they do this again in the future.


Roof work | Aluminum Coating Painted on Entire Roof | October 6 ,2018

Work on Roof | October 6, 2018 (Saturday)

Tim Nelligan, president of United Cool Roof Coatings: “Facilities managers cannot think of a coating as solving all their roofing problems,” he says. “If you have a leak, fix it before you apply a coating. Sure, a coating will probably stop the leak, but that fix won’t last as long as if you fix the leak and then apply the coating.”

October 6, 2018 on roof | 143 West 69th Street
Photos by Kirby Sommers

Empty bucket used for painting the roof with silver paint
 
 
Drain pipe lifted in preparation for painting the roof.
 
 
 


Reflective coating applied to the entire roof. Note: this is not to be used for sealing cracks as per supplier information.

Palmer Asphalt is the supplier of the silver coating on the roof.



Friday, October 12, 2018

Trash chutes will be cleaned on Saturday October 13, 2018 | For the first time.

 
 
The garbage chutes at 143 West 69 Street and 2020 Broadway will be cleaned tomorrow.
 
This is the first time I have ever seen them cleaned.
 
They are a source of food scraps for rats, mice, insects - and I am happy to see our landlord / management company finally take a step in the maintenance of the buildings.
 
Notes were placed under our doors this evening Friday, October 12, 2018. I am happy to see that the Tenants Association (being the first to place notices under doors) has inspired our landlord / management company in doing the same.
 
And our request for PROPER NOTICE is finally, finally being heard.
 
One step toward eradicating the rodent infestation in our buildings.
 
Bravo.
 


Roof | Noi Due fans on roof get maintenance | Finally.

The fans for the restaurant on the lower level of 143 West 69 Street that are on the roof of the building and that create condensation were serviced this afternoon.

Another hooray.

I hope the maintenance of the buildings, the common areas and our apartments (our homes) continues to improve.

Kirby Sommers, President
Cornfeld Tenants Association
143 West 69 Street
New York, NY 10023

HVAC | Cooling Tower finally passed inspection


HVAC | Cooling tower straddling 143 West 69 Street Roof | October 6, 2018
 
 
 
UPDATE: Some repair work was done to the HVAC system. The middle portion had been leaking and some black substance was used to stop the torrent of water that gushed out and soaked up the roof.
 
The pipes were repositioned and some metallic sun reflecting silver paint was applied throughout the roof which obscures the damp areas of the roof to the naked eye.
 
Today an inspector took a look and the HVAC unit FINALLY passed inspection.
 
Hooray for us.
 
The following photo is how the HVAC system looked like for years:
 

 HVAC on roof of 143 West 69 Street had water leaking (condensation) on the roof for years.
This was finally *somewhat* repaired late September and into first week of October, 2018.
 
 

INTERIOR OF BUILDING AND APARTMENTS

 
 
A lot of the apartments at 143 West 69 Street suffered water damage, my apartment among them. The condensation from this HVAC system soaked through the roof and into the ceilings and walls of many of the units.
 
 
It has been a long road and hard battle to getting things repaired and to have ownership and management listen to the complaints of the people who live here.
 
I hope this is a turning point and I applaud their effort.
 
The next step is repairing damaged apartments (not cosmetically but proper repair) and maintaining the property in good condition.

Progress. I love progress. Yay.
 
 
 
 

 
 
 



Thursday, October 11, 2018

Cooling Tower | HVAC and what you need to know about Legionnaires' disease

HVAC | Cooling Tower on top of 143 West 69 Street (photo April 19, 2018)
 
 
 
To tenants at 2020 Broadway and 143 West 69 Street: There has been a cooling tower aka HVAC (Heating, Ventilation and Cooling System) on the roof of #143 since 2009.
 
Many people that live here, myself included, have experienced severe flu-like symptoms. It would be prudent of all tenants to become knowledgeable about the toxins, bacteria that we might be exposed to if this HVAC system is not properly maintained.
 
If/when you have a respiratory infection, you might want to inform the hospital or physician that you live in a building that has a large HVAC unit so that you may get tested and treated properly.
 
I do not know the condition of the HVAC unit other than it has been in disrepair for many years and has received several violations. (Recently there has been a lot of activity on the unit).
 
It is my understanding that the cooling tower aka HVAC is also lacking a proper Certificate of Occupancy (C/O) and our landlord/management company has received a violation and notice to cure.
 
 
THIS INFORMATION IS NOT MEANT TO INDICATE THE COOLING TOWER/HVAC IS CURRENTLY INFECTED. THIS IS TO INFORM YOU OF WHAT COULD HAPPEN AS HVAC SYSTEMS HAVE BEEN IDENTIFIED AS A SOURCE OF LEGIONNAIRES' DISEASE AND PONTIAC FEVER.



LEGIONNAIRES' DISEASE: QUESTIONS AND ANSWERS

BACKGROUND

Legionnaires' disease is a common name for one of the several illnesses caused by Legionella bacteria. Legionnaires' disease is an infection of the lungs that is a form of pneumonia. A person can develop Legionnaires' disease by inhaling water mist contaminated with Legionella.

Legionella bacteria are widely present at low levels in the environment: in lakes, streams, and ponds. At low levels the chance of getting Legionnaires' disease from a water source is very slight. The problem arises when high concentrations of the organism grow in water sources. Water heaters, cooling towers, and warm, stagnant water can provide ideal conditions for the growth of the organism.

Scientists have learned much about the disease and about the Legionella bacteria since it was first discovered in 1976. The following questions and answers will help you learn more of what is currently known about Legionnaires' disease.
  1. What are the symptoms of Legionnaires' disease?
  1. Early symptoms of the illness are much like the flu. After a short time (in some cases a day or two), more severe pneumonia-like symptoms may appear. Not all individuals with Legionnaires' disease experience the same symptoms. Some may have only flu-like symptoms, but to others the disease can be fatal.

    Early flu-like symptoms:

    • slight fever
    • headache
    • aching joints and muscles
    • lack of energy, tired feeling
    • loss of appetite
    Common pneumonia-like symptoms:

    • high fever (102° to 105°F, or 39° to 41°C)
    • cough (dry at first, later producing phlegm)
    • difficulty in breathing or shortness of breath
    • chills
    • chest pains
  1. How common is Legionnaires' disease?
  1. It is estimated that in the United States there are between 10,000 and 50,000 cases each year.
  1. How does a person get Legionnaires' disease?
  1. A person must be exposed to water contaminated with Legionella bacteria. This exposure may happen by inhaling or drinking water contaminated with the Legionella bacteria. For example, inhaling contaminated water mist from a cooling tower, a humidifier, or even a shower or sink can cause the disease.
  1. How soon after being exposed will a person develop symptoms of the disease?
  1. If infection occurs, disease symptoms usually appear within 2 to 10 days.
  1. Are some people at a higher risk of developing Legionnaires' disease?
  1. Yes, some people have lower resistance to disease and are more likely to develop Legionnaires' disease. Some of the factors that can increase the risk of getting the disease include:

    • organ transplants (kidney, heart, etc.);
    • age (older persons are more likely to get disease);
    • heavy smoking;
    • weakened immune system (cancer patients, HIV-infected individuals);
    • underlying medical problem (respiratory disease, diabetes, cancer, renal dialysis, etc.);
    • certain drug therapies (corticosteroids); and
    • heavy consumption of alcoholic beverages.
  1. Is Legionnaires' disease spread from person to person?
  1. No. Legionnaires' disease is not contagious and cannot be transmitted from one person to another.
  1. What causes Legionnaires disease?
  1. Legionnaires' disease is caused by inhaling water contaminated with rod-shaped bacteria called Legionella pneumophila. There are over 30 different species of Legionella, many of which can cause disease. Legionella pneumophila is the most common species that causes disease.
  1. Does everyone who inhales Legionella into the lungs develop Legionnaires' disease?
  1. No. Most people have resistance to the disease. It is thought that fewer than 5 out of 100 persons exposed to water contaminated with Legionella will develop Legionnaires' disease.
  1. Is Legionnaires' disease easy to diagnose?
  1. No. The pneumonia caused by Legionella is not easy to distinguish from other forms of pneumonia. A number of diagnostic tests allow a physician to identify the disease. These tests can be performed on a sample of sputum, blood, or urine.
  1. How is Legionnaires' disease treated?
  1. Erythromycin is currently the antibiotic of choice. Early treatment reduces the severity and improves chances for recovery. In many instances this antibiotic may be prescribed without the physician's knowledge that the disease is Legionnaires' because erythromycin is effective in treating a number of types of pneumonia.
  1. How did Legionnaires' disease get its name?
  1. Legionnaires' disease got its name from the first outbreak in which the organism was identified as the cause. This outbreak occurred in 1976, in a Philadelphia hotel where the Pennsylvania American Legion was having a convention. Over 200 Legionnaires and visitors at this convention developed pneumonia, and some died. From lung tissue, a newly discovered bacterium was found to be the cause of the pneumonia and was named Legionella pneumophila.
  1. Is Legionnaire's disease a new disease?
  1. No, Legionnaires' disease is not new, but it has only recently been identified. Unsolved pneumonia outbreaks that occurred before 1976 are now known to have been Legionnaires' disease. Scientists are still studying this disease to learn more about it.
  1. Are Legionella bacteria widespread in the environment?
  1. Yes, studies have shown that these bacteria can be found in both natural and man-made water sources. Natural water sources including streams, rivers, freshwater ponds and lakes, and mud can contain the organism in low levels.
  1. Could I get the disease from natural water sources?
  1. It is unlikely. In the natural environment the very low levels of this organism in water sources probably cannot cause disease.
  1. What water conditions are best for growth of the organism?
  1. Warm, stagnant water provides ideal conditions for growth. At temperatures between 68° and 122°F the organism can multiply. Temperatures of 90°-105°F are ideal for growth. Rust (iron), scale, and other micro-organisms can also promote the growth of Legionella.
  1. What common types of water are of greatest concern?
  1. Water mist from cooling towers or evaporative condensers, evaporative coolers (swamp coolers), humidifiers, misters, showers, faucets, and whirlpool baths can be contaminated with the organism and if inhaled or swallowed can cause the disease.
  1. Can Legionnaires' disease be prevented?
  1. Yes. Avoiding water conditions that allow the organism to grow to high levels is the best means of prevention. Specific preventive steps include:

    • Regularly maintain and clean cooling towers and evaporative condensers to prevent growth of Legionella. This should include twice-yearly cleaning and periodic use of chlorine or other effective biocide.
    • Maintain domestic water heaters at 140°F (60°C). The temperature of the water should be 122°F or higher at the faucet.
    • Avoid conditions that allow water to stagnate. Large water-storage tanks exposed to sunlight can produce warm conditions favorable to high levels of Legionella. Frequent flushing of unused water lines will help alleviate stagnation.
  1. Do you recommend that I operate my home water heater at 140°F?
  1. Probably not if you have small children or infirm elderly persons who could be at serious risk of being scalded by the hot water. However, if you have persons living with you who are at high risk of contracting the disease, then operating the water heater at a minimum temperature of 140F is probably a good idea.
  1. What can be done if a water system is already contaminated or is suspected of being contaminated?
  1. Special cleaning procedures can eliminate Legionella from water sources. In many cases these procedures involve the use of chlorine-producing chemicals or high water temperatures. Professional assistance should be sought before attempting to clean a water system.
  1. Can my home water heater also be a source of Legionella contamination?
  1. Yes, but evidence indicates that smaller water systems such as those used in homes are not as likely to be infected with Legionella as larger systems in work places and public buildings.
  1. Can Legionella bacteria cause other diseases?
  1. Yes. In addition to Legionnaires' disease, the same bacteria also cause a flu-like disease called Pontiac fever.
  1. How does Pontiac fever differ from Legionnaires' disease?
  1. Unlike Legionnaires disease, which can be a serious and deadly form of pneumonia, Pontiac fever produces flu-like symptoms that may include fever, headache, tiredness, loss of appetite, muscle and joint pain, chills, nausea, and a dry cough. Full recovery occurs in 2 to 5 days without antibiotics. No deaths have been reported from Pontiac fever.
  1. Are there other differences between Legionnaires' disease and Pontiac fever?
  1. Yes. Unlike Legionnaires' disease, which occurs in only a small percentage of persons who are exposed, Pontiac fever will occur in approximately 90% of those exposed. In addition, the time between exposure to the organism and appearance of the disease (called the incubation period) is generally shorter for Pontiac fever than for Legionnaires' disease. Symptoms of Pontiac fever can appear within one to three days after exposure.

Sunday, October 7, 2018

Repairs and how to ensure they are properly done to avoid constructive eviction


Dear Neighbors,

 
Many of us, myself included, have experienced shoddy repairs. In several instances the repairs have left wall and ceiling openings allowing for rodents and other health threatening conditions to develop in our apartments.

This is technically called a “Landlord’s Business Model” to rid himself (or herself) from tenants in order to either empty a building, demolish it, or “renovate” it in order to charge higher rents. 

This does not only happen to rent stabilized tenants -- it happens to market rate tenants as well. The more turn-over in what were formerly rent stabilized apartments -- the more the landlord will be able to charge the next tenant (and so on).
 
This is illegal.

If any landlord (ours now or any landlord you may have in the future) requests access to your apartment you should request that whatever repairs are to be done in your apartment be put IN WRITING. Even an email can help you keep proof in the event the landlord decides to lie and make a claim/statement that you trashed your own apartment. (This may sound crazy, but this happens).
 

You should request exact information as to what is being repaired, how it is being repaired, by whom, do they have a permit to make repairs, the length of the repairs – literally – get everything in writing so that you are not left with an uninhabitable apartment.

 

RECOMMENDED READING
 

https://www.governor.ny.gov/news/governor-cuomo-and-acting-district-attorney-gonzalez-announce-guilty-plea-landlords-who

Landlord Intentional Destruction of Apartments



Landlords Joel and Aaron Israel – two brothers who own residential buildings in Brooklyn intentionally destroyed apartments to force residents out. With requests to enter a tenant’s apartment to make “repairs” they sledgehammered and made unusable kitchens and bathrooms.

 


They ordered their resident manager to claim in court that the tenants destroyed their own apartments.

They also invited non-tenants to use drugs in the common areas as well as hiring others to wage a war of harassment against the tenants in their buildings.


GUILTY PLEA BY LANDLORDS WHO DEFRAUDED TENANTS here:


 

 

Thursday, October 4, 2018

A step in the right direction! ABC letter about how to handle repair requests.

The following letter from our landlord was just placed under my door and your door as well.

While it is dated October 1st, we received this on October 4, at approximately 2:30pm.

It is a first step in getting your repair requests IN WRITING !!

Yay.

While it is my understanding that Brian (Max's son) still has to get authorization from Joe (Zef) Zagreda to make any repairs at least you can finally submit your request to an email address that hopefully will be monitored.

No one will be able to tell you that they have not received your request. And no longer will we have to deal with a non-response from the managing agent, Joe (Zef) Zagreda, or our landlord.

The email to request repairs is:

AbcPropSuper (at) gmail (dot) com
 
For questions about your lease contact the leasing coordinator, Katrina Ifill at 212-246-2801 (you will be redirected to her line where you should leave a message).
 
Feel free to continue to copy the Cornfeld Tenants Association at:
 
 
cornfeldtenants (at) gmail.com
 
 
Together we are helping make our landlord more responsive and attentive to our needs as tenants.
 
 
Kirby Sommers, President
Cornfeld Tenants Association
 
 
 

 

 











Wednesday, October 3, 2018

Jozef Zagreda aka Zef Zagreda

Jozef aka Zef Zagreda
 

Who is Jozef Zagreda aka Zef Zagreda?

Many residents of 143 West 69 Street and 2020 Broadway have complained that Joe never responds to emails or phone calls or requests for repairs.

Here is some information I was able to find on Joe or should I call him "Zef" that I thought would be appropriate to share with fellow renters / tenants.


From mylife website:

Joseph Zagreda is 47 years old and was born on 4/8/1971. Currently, he lives in Yonkers, NY; and previously lived in Bronx, NY. Sometimes Joseph goes by various nicknames including Zef   Zagreda and Jozef  Zagreda. He currently works as a Property Manager at The Wavecrest Management Team, Ltd. Joseph's education includes attending association of builders and owners of greater new york (abo). Joseph is now married. Other family members and associates include veronika zagreda and mandalena zagreda.


Screen image from mylife website:









Here is a link to that page >>

https://www.mylife.com/joseph-zagreda/e960338135238




AND from Joe aka Zev Zagreda Facebook page:




AND from Joe aka Zev Zagreda Facebook page >>

Joe living the good life while tenants have to deal with water leaks on ceilings, walls, no repairs, no response to repair requests, rats in apartments attacking tenants, rodent infestation in buildings, poor repairs (if and when he finally gets around to it), etc.




VIDEOS OF AN APARTMENT ON THE 4th FLOOR | 143 West 69 Street >>

 
Video One from a tenant

 
 
 
 
Video Two from a tenant
 
 
An excerpt from a tenant email >>
 






Click to enlarge and read.
 
 
 
 
ANOTHER TENANT EMAIL (different tenant, similar issues, breach of warranty of habitability, non-response from Zagreda
 
 

 
 
Click to enlarge and read email
 
 



MEANWHILE, here is his LinkedIn page:

Screen image:






ABC Management Corp Retirement Plan

ABC Management Corp Retirement Plan (via open source records).

(Note: This is only one of multiple corporations owned by our landlord. Various corporations are used i.e., Broadway 69 LLC and many more).

Overview

Plan Information

  • Plan Year01/01/2017 — 12/31/2017
  • Date of Plan07/01/2001
  • Net Assets as of 12/31/2017$805,563
  • Plan Number1
  • Plan TypeSingle Employer
  • Is the plan collectively bargained?No
  • Did the plan file for an extension of time or the DFVC Program?No
  • Plan Funding ArrangementInsurance Trust
  • Plan Benefit ArrangementTrust

Participant Information as of 12/31/2017

  • Active (Eligible) Participants17
  • Retired or separated participants receiving benefits0
  • Other retired or separated participants entitled to future benefits3
  • Subtotal20
  • Deceased participants whose beneficiaries are receiving or are entitled to receive benefits0
  • Total20
  • Total number of participants as of 01/01/201720
  • Number of participants with account balances20
  • Number of participants that terminated employment during the plan year with accrued benefits that were less than 100% vested1

Expenses

  • Total Benefit Payments$0
  • Corrective Distributions$0
  • Administrative Service Providers$0
  • Other Expenses$0
  • Total Expenses$0
  • Total Transfers$0

Sponsor Information

  • Address152 West 57th Street, 12th Floor
  • CityNew York
  • StateNY
  • Zip10019-3310
  • Telephone(212) 246-2801
  • EIN13-3591021
  • Industry Code531310
  • Named Administrator Debbie Sklar

Benefits Provided Under the Plan

CodeBenefitDescription
2AAge/Service Weighted or New Comparability or Similar Plan Age/Service Weighted Plan: Allocations are based on age, service, or age and service. New Comparability or Similar Plan: Allocations are based on participant classifications and a classification(s) consists entirely or predominantly of highly compensated employees; or the plan provides an additional allocation rate on compensation above a specified threshold, and the threshold or additional rate allowed under the permitted disparity rules of section 401(l)
2EProfit-sharingA defined contribution plan that allows employer discretionary contributions. These plans often contain a 401(k) feature.
2FERISA section 404(c) PlanThis plan, or any part of it is intended to meet the conditions of 29 CFR 2550.404c-1.
2GTotal participant-directed account planParticipants have the opportunity to direct the investment of all the assets allocated to their individual accounts, regardless of whether 29 CFR 2550.404c-1 is intended to be met.
2TParticipant-directed AccountTotal or partial participant-directed account plan - plan uses default investment account for participants who fail to direct assets in their account.
3DMaster planA pension plan that is made available by a sponsor for adoption by employers; that is the subject of a favorable opinion letter; and for which a single funding medium (for example, a trust or custodial account) is established for the joint use of all adopting employers.
3HControlled GroupPlan sponsor(s) is (are) a member(s) of a controlled group (Code sections 414(b), (c), or (m)).

Questions and Answers

QuestionAnswerAmount
During the plan year did the employer fail to transmit to the plan any participant contributions within the time period described in 29 CFT 2510.3-102?No
Were any loans by the plan or fixed income obligations due the plan in default as of the close of plan year or classified during the year as uncollectible? Disregard participant loans secured by participant's account balance.No
Were any leases to which the plan was a party in default or classified during the year as uncollectible?No
Were there any nonexempt transactions with any party-in-interest?No
Was this plan covered by a fidelity bond?Yes $65,811
Did the plan have a loss, whether or not reimbursed by the plan's fidelity bond, that was caused by fraud or dishonesty?No
Did the plan hold any assets whose current value was neither readily determinable on an established market nor set by an independent third party appraiser?No
Did the plan receive any noncash contributions whose value was neither readily determinable on an established market nor set by an independent third party appraiser?No
Did the plan at any time hold 20% or more of its assets in any single security, debt, mortgage, parcel of real estate, or partnership/joint venture interest?No $0
Are you claiming a waiver of the annual examination and report of an independent qualified public accountant (IQPA) under 29 CFR 2520.104-46?Yes
Were all the plan assets either distributed to participants or beneficiaries, transferred to another plan, or brought under the control of the PBGC?No
Has the plan failed to provide any benefit when due under the plan?No
If this is an individual account plan, was there a blackout period?No
If there was a blackout period, have you either provided the required notice or one of the exceptions to providing the notice applied under 29 CFR 2520.101-3?No

Financials

Income and Expense Statement

Income$147,454
Contributions$0
Cash Contributions$67,057
Cash from Employers$67,057
Cash from Participants$0
Others (including rollovers)$0
Noncash Contributions$0
Other Income$80,397
Expenses$0
Total Benefit Payments$0
Corrective Distributions$0
Certain deemed distributions of participant loans$0
Other Expenses$0
Net Income$147,454
Transfers of Assets to (from) this Plan$0

Asset and Liability Statement

12/31/201712/31/2016Change YOY
Total Assets$805,563$658,10922.41%
Total Liabilities$0$00.0%
Net Assets$805,563$658,10922.41%

Specific Assets Statement

Held?Amount
Total Specific AssetsNo $0
Partnership/joint venture interestsNo $0
Employer Real PropertyNo $0
Real EstateNo $0
Employer SecuritiesNo $0
Participant LoansNo $0
Loans (other than to participants)No $0
Tangible Personal PropertyNo $0

Service Providers

Persons Receiving Only Eligible Indirect Compensation

There is no information on eligible indirect compensation for this plan.

Other Service Providers Receiving Direct or Indirect Compensation

There are no service providers listed for this plan.

Indirect Compensation

There are no service providers with indirect compensation listed for this plan.

Service Providers Who Fail or Refuse to Provide Information

There are no service providers who failed or refused to provide information.

Termination Information on Accountants and Enrolled Actuaries

There is no termination information for this plan.

Investments

Investments

Name of InvestmentInvestment ManagerType of InvestmentDollar Value
Voya Separate Account DVoya Retirement Insurance and Annuity CompanyDFE: Pooled Separate Account$552,636
Total$552,636

Insurance Information

Insurance Information

Insurance Carrier SummaryPersons Covered
Voya Retirement Insurance and Annuity Company19
EIN71-0294708
Industry Code86509
Contract NumberPHM514
Contract Year01/01/2017 — 12/31/2017
Value in General Account at Year End$190,290
Value in Separate Accounts at Year End$552,636
Insurance Fees and Commissions$0
Persons Receiving Commissions and FeesThere are no brokers listed for this plan.
Allocated Funds
Type of ContractUnspecified
Basis of premium rates
Premiums paid to carrier$0
Premiums due but unpaid at the end of the year$0
If the carrier, service, or other organization incurred any specific costs in connection with the acquisition or retention of the contract or policy, enter amount $0
Specify the nature of the costs
Unallocated Funds
Type of ContractGROUP PENSION FUNDING
Balance at the end of the previous year$162,718
Additions$23,153
Contributions Deposited during the year$0
Dividends and credits$0
Interest credited during the year$22,411
Transferred from separate account$742
Other$0
Total of Balance and Additions$185,871
Deductions$0
Disbursed from fund to pay benefits or purchase annuities during the year$0
Administration charge made by carrier$0
Transferred to Separate Account$0
Other$0
Balance at the end of the current year
$185,871