CONDITIONS OF OCCUPANCY of Buffalo Municipal Housing Authority

V. CONDITIONS OF OCCUPANCY of Buffalo Municipal Housing Authority

.1. The Tenant and members of his/her household, guests, visitors and employees shall comply with all laws and City ordinances affecting the use or occupation of the premises and with all reasonable rules or regulations now or hereafter adopted by the Management for the safety, comfort and welfare of the occupants of the project and BMHA staff.
2. Tenants shall respect the rights and privileges of other tenants and are subject to action by Management upon written complaints and petitions from two or more Tenants.
3. Tenants shall put out garbage and trash on days and times at places designated by the Management. All garbage must be properly contained no loose garbage or paper bags allowed. Tenant shall be charged as additional rent according to the schedule posted in the Management office for any trash removal or cleanup done by Management due to Tenant's failure to comply. Tenant shall comply with all recycling requirements imposed by local and state ordinances. The tenant is responsible for the prevention of the accumulation of oil and/or grease on parking areas, and must refrain from the storage or accumulation of unsightly items including inoperable automobiles, other vehicles and machinery or appliances on the premises.
4. The Tenant will be held strictly responsible for any loss or damage to BMHA property resulting from overflow from toilets, sinks, washers, bathtubs, or basins due to the Tenant's negligence. Tenant shall also be responsible for loss or damage to other tenants' property, due to negligent acts or omissions of tenant, tenant's household members, guests, visitors, etc. All damage. accidents, or necessary repairs to BMHA property must be reported AT ONCE by the Tenant to the work order repair number at management office.
5. The Tenant shall not make any additions, alterations or repairs, including but not limited to, fans, fences, sheds, exterior shades, awnings, CB, TV, or other wires or articles of any kind, without written consent of the Management. Any repairs made with Management's consent must conform to all building codes. Management, by giving consent, assumes no responsibility or liability for such additions, alterations and/or repairs. No part of the rent shall be payable in repairs or alterations of any description. All repairs and alterations shall become the property of the Management at the termination of the leasehold.
6. The Tenant shall not use or keep flammable materials in the dwelling unit, nor use any method of heating or cooking other than that supplied by the Management. USE OF STOVES FOR HEATING IS A FIRE AND HEALTH HAZARD AND IS STRICTLY FORBIDDEN.
7. Tenants, household members or guests shall not throw anything from the windows or the doors of the dwelling.

8. BALCONIES: In those units that have balconies, the Tenant is advised of the following rules for their own safety, and that of their neighbors:
a. There shall be no cooking of any kind on the balconies;
b. The Balconies are not play areas for children, and may not be used as such;
C. The balconies are not storage areas for household items, trash, garbage or debris, and may not be used as such; and
d. Tenants, their families and guests must refrain from throwing anything off of the balconies.
9. The Tenant shall not permit his/her children to play in neighbors' yards or in public areas (hallways, elevators, streets, parking areas, etc., except those designated for this purpose), nor shall tenants or their household guests obstruct sidewalks, passages, public halls, stairways, fire escapes, or vestibules or use them for any purpose other than to exit or enter dwellings.
10. The maintenance of lawns and snow removal in front and rear of houses shall be the responsibility of the Tenants residing in houses where walkways, stairs, lawns, and parking areas are used only by one or two households. Tenants who fail to maintain lawns and snow removal shall be subject to maintenance charges. The maintenance of lawns and snow removal in common areas used by more than two households will be the responsibility of the Management. The Tenant is required to clean and maintain the public halls and stairways adjacent to his dwelling in, accordance with the BMHA rules, posted or distributed to the Tenant and incorporated herein by reference.
11. Tacks, nails, bolts, screws, or other wall fasteners, or cement used to lay carpets, rugs, or floor coverings, are strictly prohibited. Costs of damages and shall be charged to the Tenant.
12. The Tenant shall use only in a reasonable manner and for the use they were intended all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other equipment and facilities including elevators.
13. The Tenant, his/her household visitors, and guests, shall not destroy, deface, damage or remove any part of the premises or development.
14. The Tenants and their visitors in the development shall conduct themselves in a manner which will not disturb his/her neighbors' peaceful enjoyment of their premises and will be conducive to maintaining the development in a decent, safe and sanitary condition.
15. The Tenant and others on Tenant's premises or visiting tenant in the development shall refrain from any activity, illegal or otherwise, which disturbs the physical or social environment of the development; verbally abusing, threatening, or menacing Management staff or other tenants and/or their guests will subject Tenant to eviction.
16. Absent negligence on the part of the Buffalo Municipal Housing Authority or one of its agents, The Management shall have no liability for any personal property of the tenant.
17a. EVICTION DUE TO CRIMINAL ACTIVITY IN FEDERAL DEVELOPMENTS: A PUBLIC HOUSING TENANT, ANY MEMBER OF THE TENANT'S HOUSEHOLD, OR A GUEST OR OTHER PERSON UNDER THE TENANT'S CONTROL SHALL NOT ENGAGE IN CRIMINAL ACTIVITY THAT THREATENS THE HEALTH, SAFETY, OR RIGHT TO PEACEFUL ENJOYMENT OF THE PREMISES, OR ANY DRUG RELATED ACTIVITY ON OR NEAR PUBLIC HOUSING PREMISES, WHILE T14E TENANT IS A TENANT IN PUBLIC HOUSING; "DRUG RELATED CRIMINAL ACTIVITY, FOR PURPOSES OF THIS DWELLING LEASE, MEANS THE ILLEGAL MANUFACTURE, SALE, DISTRIBUTION, USE, OR POSSESSION WITH INTENT TO MANUFACTURE, SELL, DISTRIBUTE, OR USE, OF A CONTROLLED SUBSTANCE (AS DEFINED IN SECTION 102 OF THE CONTROLLED SUBSTANCE ACT (21 U.S.C 802).
I17b. EVICTION DUE TO CRIMINAL ACTIVITY IN STATE DEVELOPMENTS: THE FOLLOWING CONDUCT SHALL BE GROUNDS FOR EVICTION: THE UNLAWFUL TRADE, MANUFACTURE, DISTRIBUTION, STORAGE AND/OR SALE OF MARIJUANA OR ANY CONTROLLED SUBSTANCE AS MORE SPECIFICALLY DEFINED AND SET FORTH IN §3306 OF THE PUBLIC HEALTH LAW, AND §220.00 OF T14E PENAL LAW OF THE STATE OF NEW YORK, OR THE POSSESSION OF A CONTROLLED SUBSTANCE SUCH AS WOULD CONSTITUTE A VIOLATION OF §§ 220.16, 220.18 OR 220.21 OF THE PENAL LAW OF THE STATE OF NEW YORK, OR THE UNLAWFUL POSSESSION, USE OP., DISPLAY OF A WEAPON AS DEFINED IN §265.00 OF THE PENAL LAW OF THE STATE OF NEW YORK, IN THE APARTMENT OR IN THE COMMON AREAS OF THE BUILDING OR ANYWHERE ON THE GROUNDS OF THE DEVE LORIVIE, TT BY A TENANT OR A MEMBER OF A TENANT'S FAMILY OR BY ANY GUEST OR OTHER PERSON INVITED OR PERMITTED INTO THE APARTMENT OR COMMON AREAS OF THE BUILDING OR ONTO THE GROUNDS BY A TENANT OR BY A MEMBER OF A TENANT'S FAMILY IN OCCUPANCY WITH T14E TENANT, PROVIDED THAT THE TENANT OR SUCH FAMILY MEMBER OR GUEST SHALL HAVE ACTUAL OR IMPLIED KNOWLEDGE OF, OR SHALL HAVE PERMITTED SUCH GUEST OR OTHER PERSON TO ENGAGE IN SUCH UNLAWFUL CONDUCT.
18. CONDITIONAL LIMITATION: In any lease violations involving fraud, criminal, or drug related activity, or creating a threat to the health or safety of other tenants or BMHA Staff, if a written Notice detailing Lease Violations is served on Tenant notifying Tenant of the basis of the lease violations and a lease termination date, this Lease and lease terms shall expire and come
to an end fully and completely on the termination date fixed in the Notice of Lease Violation as if that were the date originally fixed in the Lease for its expiration; the Tenant shall become a holdover Tenant after the Notice date and shall quit and surrender the premises to the Management.
See LEASE RIDER, ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
BMHA does business in accordance with the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 and does not discriminate on the basis of race, color, creed, sex, age, national origin, disability or handicap.

Why a does this housing project force a person to use a bulletin board to get his complaint examine?
These are the rules of the housing project written by the B.M.H.A. staff. Personally I find these rules splendidly to follow concerning this housing project. :) The name of these rules are called the "CONDITIONS OF OCCUPANCY" concerning your lease with the Housing Authority. The sad thing concerning these rules they don't even follow the rules. :( They should be enforcing the rules of the condition of the occupancy. If they did they would be lesser of problems within this housing project. :)
The following people were contact concerning this complaint House manager, Executive Director of the housing project, the commissioners of this housing project, as well as HUD to take care this complaint. Within five years nobody answered mine complain concerning my rights were violated. According to the rules of "CONDITIONS OF OCCUPANCY" this attitude by the Housing Authority is considered disrespect to the tenants. Since the Housing Authority has been disrespectful to me does this mean they get an eviction notice?:) I think the housing project should give an apology to the community, government and certainly to me for being a incompetent in handling this complaint. I guess I am a fool for not suing this housing project. I have allow a paper trail it should not be too difficult to figure out what I'm talking about.:confused:
My question to this housing project is it right for someone else to violate another person's rights? Is it right to the housing project or another tenant to violate another person's rights?:o

What is the physical complaint though?

To tenants of the Buffalo Housing Authority in this grievance procedure does exist. This is the official procedure in reporting your complaint to the housing authority.



BUFFALO MUNICIPAL HOUSING AUTHORITY

TENANT GRIEVANCE PROCEDURE

The following is a summary of the BMHA Grievance Procedure. The procedure has two steps and is available to any
legitimate BMHA resident who disagrees with any decision made by the management of the Housing Authority.

This is only a guide to assist you in filing a grievance. You can review the complete procedure in your rental office.
Please keep this with your lease.

Step 1

A. Submit two (2) copies of your complaint to your Manager at the rental office within ten (10) business days
of the problem. If you need help in writing the complaint, your Manager or someone from the Tenant Relations
Division will help you.

B. Write down all the important details about your complaint. Be sure you say what you think can be done to
correct the problem. Sign and date you complaint, and make sure you put your address on it. One copy will be
returned to you for your records.

C. If your complaint is about rent, you will have to put your rent money into a BMHA (Authority) escrow
account. If the grievance is settled in your favor, the money will be returned to you. Your Manager will explain to you
how this works..

D. An informal meeting with a Manager to discuss your complaint with you and your representative will be
held within fifteen (15) business days.

E. A summary of the informal meeting, including a proposed solution to your complaint, will be sent to you
within ten (10) business days of the meeting. It will also tell you how to request a formal hearing if you are not
satisfied with the proposed solution.

Step 2

If you decide that you want a formal hearing for your complaint, you will have to submit a written request. Your
request should include the reason why you are asking for the hearing and the solution you would like to see.

A panel of two (2) or more Housing Authority Commissioners, including one tenant-elected Commissioner and one
other Commissioner of your choice will be selected to review your grievance. The hearing will be held within ten (10)
business days of the selection of the panel.

A written copy of the panel's decision will be sent to you within ten (10) business days of the hearing. As long as no
laws or regulations are violated, the decision of the panel is binding on the Housing Authority.

YOU CAN REVIEW A COPY OF THE COMPLETE GRIEVANCE POLICY AT YOUR PROJECT OFFICE.


Here's my recommendations in reporting your complaint to housing authority. Always document your work concerning any complaint that you have with the housing authority. It should show detail account of the problem as including date, time and location of the incident. Do not be trusting concerning your Development Manager that she/he is going to do her/his best to help you. Always proceed to the next administrator supervisor if nothing happens concerning your complaint. If you use the US mail always use "Proof of Delivery" is a letter that includes the recipient's name and a copy of their signature. If you’re sending complaint, you may want to be sure that it reaches not just the right address, but the right administrator supervisor as well. With Signature Confirmation, you can get confirmation of delivery - including date, time and location.
Your complaint should go to your Development manager has a first contact the next proceeds to the Senior Manager, Director of Management and Family Support Services and Acting Executive Director.
In concerning your complaint you should always get a denial letter from the Housing Authority. Without the denial letter you cannot sue them in Small Claims Court in the City of Buffalo for damages, criminal activity and negligent acts.
The Tenant and members of his/her household, guests, visitors and employees shall comply with all laws and City ordinances affecting the use or occupation of the premises and with all reasonable rules or regulations now or hereafter adopted by the Management for the safety, comfort and welfare of the occupants of the project and BMHA staff. Tenant shall also be responsible for loss or damage to other tenants' property, due to negligent acts or omissions of tenant, tenant's household members, guests, visitors, etc.
See: CONDITIONS OF OCCUPANCY of Buffalo Municipal Housing Authority.
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Acting Executive Director Gillian D. Brown
GBrown@bmha.ci.buffalo.ny.us
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Management and Family Support Services:
Director of Management and Family Support Services Susan M Grzechowiak
sgrzechowiak@bmha.ci.buffalo.ny.us
(716) 855-6711 Ext. 206
Senior Manager of Management and Family Support Services James Nogowski
jnogowski@bmha.ci.buffalo.ny.us
(716) 855-6711
"Your Development manager"
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Director of Technical Operations and Maintenance Services Robert Bukowski
(716) 836-4994 Ext. 213
Concerns in this class should be poor workmanship, jobs not completed and employees to taking advantage of the housing project. You should always make out a complaint about maintenance who do not live up to the performance of their job title. The maintenance supervisors needs this kind of feedback from the tenants.
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Housing tenants are the eyes of the housing project concerning fraud, waste, abuse, or mismanagement that goes on housing properly. If you feel that their work is not up to power or or they're just joy riding around the City of Buffalo you should always make out a complaint. The tenants are the first line supervision in concerning these employees. If an employee is unfit to work and in creating a problem for tenants. If an employee comes on the housing property under the influence of alcohol or illegal drugs this should go into their employment accounts. So the feedback from tenants are very important.