"The only thing necessary for

the TRIUMPH of EVIL,

Is for GOOD people to do NOTHING"

...Edmund Burke

Michael W. Connett

"The HIVe at Seminary Square MainStrasse"

Greetings!

Well, I've been invested, infested and have myself begun nesting in my new neighborhood which is known as "Seminary Square".  Since being a participant in the HUD Section 8 program upon being granted full Social Security Disability benefits, this will be my fifth location and attempt to make a "HOME".  Since mother always said, 'If you can't say anything nice...';  the one nice thing that I can say about all four - both the properties and the owners - is that they all have truly been a Life Learning experience.  The outcome is that I have now arrived at this point more committed than ever to Low-Income Housing Reform and Revitalization than ever before.

With the resources of The Trust, as part of the South Bank Beacon and The South Bank SlumLord Alert, I would like to foster the establishment of:

• The South Bank Tenants Advocacy Project - With the goal of revising and reissuing the current URLTA No. Ky. Handbook, supplementing it with tenants tips specific to the South Bank/No. Ky. area and the Housing Choice Voucher program across the counties.
•   Our Neighbor's Closet: A network of neighborhood repositories for cast-off household furnishings for the benefit of a coalition of all agencies serving/having housing needs for clients.  In addition to the agencies serving the Homeless and Low-Income client base, it would include AVNK and the No. Ky. HIV/AIDS Case Managers.
• My Neighbors Helpers: A corps of volunteer handypersons with a wide range of skills.

Do you know a bad Landlord (i.e.: A Landlord who doesn't give a damn about the Housing Quality Standards, the behavior of tenants, the maintenance/appearance of the properties or anything else BUT their financial bottom line.)??  Either through personal experience as a tenant or resident of a neighborhood one owns property in, or through word-of-mouth??  CHANCES ARE, YOU DO!!  Especially if you or someone you know are on a low, fixed income and qualify for a HUD/Section 8 Housing Choice Voucher.  Unfortunately, due to the problems inherent in those programs, bad landlords continue to thrive in the system and prey on its participants; The Majority of which (57% according to the HUD web site) are either Senior Citizens or the Disabled.  Having been exposed to such individuals in the past; I have decided to combat this problem and advocate for tenants rights through my web presence and Home Page.  Let me hear from you about your experiences.  Hopefully, together, we can do something to at least bring some attention to this problem, if not actually achieve solutions.

"In the great majority of cases, a landlords decision to not rent through the Section 8 program is nothing more than subtle but effective discrimination against a perceived class of tenants!"

On the other Hand; there are those landlords who do rent through Section 8 and do so with only with their lowest-cst cost and lowest-quality units and indifference to exploiting desperate, vulnerable people for their own gain!!!

Myths & Misconceptions

Just what are those damn, pesky HQS's (Housing Quality Standards)???  As best I can determine, there are no basic differences between HUD's and Covington's minimum requirements for HQS.  But it is only when a unit is made available through a HUD Voucher, is it held to any accountability to those standards.  Aren't all residential renters entitled to that same minimum protection and safeguard???

PROPOSAL

  Originally authored April 1997

To:   Covington City Commission

Covington Housing Department

Covington/Kenton Co. Housing Authority

No. Ky. Housing Coalition

No. Ky. Legal Aid Society

URLTA Participating Cities

From:   Michael W. Connett,

   Concerned Citizen & Renter

   Coordinator, Central Lewisburg Neighborhood Watch

   Member, Lewisburg Neighborhood Association

RE:  The Slumlord Eradication Act - An Addendum to the Uniform Residential Landlord-Tenant Act (KRS 383.500 - 383.715)

Authors note: While the focus of this proposal is aimed at and speaks to conditions in Covingtons residential rental property market; it is equally relevant to all cities, as well as agencies concerned, with residential rental property. For this reason, it is being widely distributed for your thoughtful consideration.

In the wake of the hoopla of the recent Covington Housing Fair - where the city attempted to put its best foot forward in an effort to convince people that it's a great place to live - it is imperative that I bring to light a major obstacle to an aspect of this effort that currently exists.

As 1 understand it; from the city's Housing Development Department, not only was the focus on home ownership but also on increasing the occupancy of the numerous residential rental units in the city.  In Covington - as in most cities, renting residential property is a Business which requires a license. Unfortunately, all too often it is a business in which "the customer" is treated with little respect, much indifference and is seldom, if ever, right. This is especially true amongst low-income and uneducated tenants and the slum lords that prey on them. From my own recent experience with one of the city's slum lords, I learned that for tenants there is virtually no protection, warning, regulation or discipline against the unfair actions of such deceitful persons.

In the late 80's; a coalition of agencies which included the Legal Aid Society among others and was known as the Ky. Housing Coalition, established the Uniform Residential Landlord-Tenant Act (URLTA) which was adopted by Covington and many other No. Ky. Cities. While that was a commendable attempt to end years of confusion and give both landlords and tenants equal standing in the eyes of the law; it would seem that once the act was established, adopted and a handbook published, the effort died and withered away. People - especially tenants - are not being made aware that these rights and the accompanying handbook exist. The slumlords know this and use this lack of awareness against their tenants to their own greedy advantage. As that particular handbook states: "... The  law only works for people who understand how to use it. Tenants and landlords have to know enough to make sure (and, when needed, demand) that their rights are respected."

But before people can understand the law and how to use it, they must be made aware that it exists. The current promotion of URLTA and the availability Of, as well as access to, its handbook is severely lacking and needs to be improved significantly. As an example: I know that in the Housing Department office, these handbooks are stacked on a shelf under the counter out of sight rather than being on the counter in an accessible display rack. Every residential renter needs to be made aware of URLTA's existence and be provided broad access to FREE copies of its handbook. Likewise; in addition to being required to have a license, every landlord should be required to have read and understand the URLTA handbook.

There are other weaknesses of URLTA that need to be addressed. If a conscientious landlord operates in a professional manner and takes the time and care to check references, he can usually avoid the tenants from hell. Tenants don't have the same ability to weed out the slumlords. There needs to be a way to compile an accessible, public history of housing code violations, complaints and court actions against landlords that prospective tenants can check before they sign a lease. A 'Better Business Bureau' for the residential rental property industry, if you will. There also needs to be a stronger solution to Security Deposit disputes. Currently, if a landlord tries to unfairly withhold a security deposit, the tenants only recourse is to sacrifice more of their hard earned money and file in small claims court. To make matters worse, Legal Aid won't even discuss or help with deposit disputes farther than telling you to go to small claims. Once a tenant receives a favorable judgment for the refund of their security deposit, they are left on their own to try and get the money. Should a slumlord try to ignore or drag out the payment of the judgment, there needs to be a way to help force payment as well as punish his actions.

In an attempt to address these issues I would like to put forth the following proposal for your consideration. Please bear in mind that I am neither a politician or lawyer and this is a basic rough idea written in plain English.

  THE SLUMLORD ERADICATION ACT

An Addendum to the Uniform Residential Landlord-Tenant Act

I.   All landlords should be required to make their tenants aware of both their rights as defined by URLTA and furnish them with a copy of the handbook.

2. There should be a designated. agency, in either each participating URLTA city or the No. Ky. Area as a whole, that will compile a record of all such transgressions as may be reported on each landlord. In addition to individual tenant complaints, all appropriate agencies and courts should be made responsible for forwarding such information to the designated agency for inclusion in the landlords file. These files would be maintained by the agency as a matter of public record and be open to inspection by prospective tenants.

3. If a tenant, through a court action (small claims or otherwise), receives a judgment against a landlord and the landlord drags out or refuses to satisfy that judgment, the tenant should have available the remedy of petitioning the appropriate city government for the revocation of the landlords rental/business license.

4. If a landlord; by evidence of complaints, housing code violations or court actions, establishes a consistent pattern of unfair, deceitful or unlawful practices whether against tenants or in violation of city ordinances, the appropriate city government should have the right to revoke the landlords rental/business license and/or levy a substantial fine.

5.   (Added 06/14/2001) That the following ordinance passed by the Dayton, Kentucky City Council be adopted and passed by the Covington, Kentucky City Commission at its earliest convenience:

Dayton, Kentucky - Building Regulations 150.80

RENTAL UNITS, ANNUAL INSPECTION

FINDINGS:

•    A substantial number of citizens reside in rental dwelling units which are substandard and are detrimental to the safety, health and welfare of the persons living there as well as to neighboring properties, both attached and unattached;

•      A substantial number of citizens conduct business, both as proprietors and as customers, in rental commercial units which are substandard and are detrimental to the safety, health and welfare of the persons conducting business there and the neighboring properties, both attached and unattached;

•    The continuation of substandard conditions causes a reduction in the property vsalues in the city causing economic hardships for all of its citizens;

•    The city desires to promote the health and safety of its citizens, and adopts this section to insure that all rental properties are safe, sanitary and suitable in accordance with the application and provisions of the BOCA National Property Maintenance Code as adopted and other regulations of the city.

DEFINITION:

•    "Rental Unit" is defined as any real estate or building or portion thereof for which a verbal or written agreement in the form of a rental contract, rental agreement, lease, lease with option to purchase or other agreement has been conveyed and consideration is given for use or occupation of said real estate, building, or portion thereof.  Consideration includes payment in money or in kind, bartered goods or services, love and affection, goodwill or any other consideration.

INSPECTION REQUIREMENT:

•      EACH RENTAL UNIT WITHIN THE CITY may be inspected yearly by the City Inspector or other authorized city official to determine whether or not such unit meets the requirements of the BOCA National Property Maintenance Code as adopted by the city and other regulations of the city (or HUD in regard to Housing Quality Standards).  The City Inspector shall schedule the inspection during normal business hours and, to the extent possible, at the convenience of the owner or owner's authorized agent and any affected tenants.  The owner or the owner's authorized agent may accompany the City Inspector on said inspection.  The owner or owner's authorized agent shall make all arrangements with tenants, managers or other necessary persons for the inspection.  (Ord. 1996-10, passed 8-20-96)

  ---

Code crackdown helps Covington

By Scott Wartman • swartman@nky.com • April 9, 2010

COVINGTON - Neighborhood sweeps and the threat, in some cases, of criminal charges has cleaned up some problem properties in Covington, code enforcement officials said.

The city's six code enforcement officers in March completed a sweep of the Austinburg neighborhood and found violations for 184 properties.

Covington's code enforcement will do more sweeps in the fall and wants the public to help spot violations, said Code Enforcement Director Keith Bales said. Bales this week started going to neighborhood groups and neighborhood watches to encourage residents to call in code violations.

"Our goal in the next year is to get the word out," Bales said. "We would like to collaborate with them to inspect areas of need. We want more neighborhoods to feel confident contacting us directly."

During a sweep, code enforcement officers will look at every building in an area and hand out notices of any building code violations.

Many residents said they want more code enforcement sweeps to address aesthetic issues. Others feel the sweeps unfairly penalize many good property owners to get a minority of problem properties.

Most of the property owners correct the problems without citations, Bales said. The 184 properties in Austinburg that received violation notices in March account for about 12 percent of the properties in the neighborhood, Bales said. Violations included peeling paint, water drainage, roof problems, debris and graffiti.

Bales said the city has done sweeps when time permits since 2007, including the Lewisburg neighborhood in summer 2008 and MainStrasse in the summer 2009. The department will make sweeps a regular part of the operations of the department in the next fiscal year, Bales said.

Depending on the violation, property owners have 5 to 30 days to abate the problem before a citation is issued. Extensions, however, are often granted, he said. A lien is placed as a last resort once all deadlines have passed, Bales said.

Covington has $2 million in liens on properties citywide, some of which are 10 years old, Bales said.

The city last year began filing criminal charges against people who continually ignore citations. If the owner hasn't submitted plans within 10 days of a lien being placed on a property, the city will file charges against the property owner.

The owners could find themselves before Kenton County District Judge Ken Easterling on his quarterly housing docket. Since this docket started in 2009, 40 to 50 property owners have been charged with violating a city ordinance. Almost all of the defendants have fixed the problems without serving any jail time, though some cases are still pending, Easterling said.

This process can address a property maintenance issue within months compared to the civil court process the city previously employed, which usually takes years, he said.

"What we try to do is bring the homeowner in and ask them to clean up the property and get them to comply with the required codes," Easterling said. "The goal is for all the parties involved to get the property in compliance. It is fairly successful. All the cases resulted in the property coming into compliance."

The sweeps have met with enthusiasm among some residents.

"It is a long time coming," said Austinburg resident Rick Ludlum. "My biggest thing is that they stay on it. I don't want to see them go around the neighborhoods one time and that's it."

Code enforcement issues are among the most common complaints among residents, said Terry Simpson, chairman of the Covington Neighborhood Collaborative.

"Code enforcement issues come up in every neighborhood," Simpson said. "I know the people getting cited don't feel it is great, but it is going to help with aesthetics and the quality of life. I would encourage them to do more sweeps."

Some, however, feel code enforcement may unfairly penalize good property owners. Toni Allender, who owns four rental properties around Covington, said she was surprised to learn in March the city had a $10,000 lien on her property in the 1800 block of Madison Avenue for an issue related to tuck pointing. After she was cited in 2008, she said she thought she corrected the issue but found out a month ago from a code enforcement officer that it wasn't addressed to code and that a lien has been placed on the property.

She said she believes most code enforcement officers do their jobs well, but that the city should be more reasonable with handing out liens.

"Some people need to be cited, but most don't need to be cited," Allender said. "The city should not come out so aggressive with the liens. There are just a handful of people that don't take care of their properties."

Housing Choice Voucher Program Guidebook 10-1
CHAPTER 10 HOUSING QUALITY STANDARDS

10.1 CHAPTER OVERVIEW
The goal of the housing choice voucher program is to provide "decent, safe and sanitary" housing at an affordable cost to low-income families. To accomplish this, program regulations set forth basic housing quality standards (HQS) which all units must meet before assistance can be paid on behalf of a family and at least annually throughout the term of the assisted tenancy. HQS defines "standard housing" and establishes the minimum criteria necessary for the health and safety of program participants.

This information about Housing Choice Voucher-Section 8 Housing Quality Standards was provided from the website of

A Good Place to Live - Housing Quality Standards
1. Living Room

The Living Room Must Have: Ceiling A ceiling that is in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface materials such as plaster. Walls Walls that are in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Electricity At least two electric outlets, or one outlet and one permanent overhead light fixture. * Count as one outlet. * Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cords; they are not permanent. * NOT acceptable are broken or frayed wiring, light fixtures hanging from wires with no firm support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets. Floor A floor that is in good condition. *Not acceptable are large cracks or holes, missing or warped floor boards or covering that could cause someone to trip.

Window At least one window. Every window must be in good condition. * NOT acceptable are windows with badly cracked, broken or missing panes, and windows that do not shut or, when shut, do not keep out the weather. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. A window that cannot be opened is acceptable. Paint * A minimal peeling or chipping paint if you have children under the age of six and the house or apartment was built before 1978. You Should Also Think About: * The types of locks on windows or doors. --- are they safe and secure? --- have windows that you might like to open been nailed shut? * The condition of the windows. --- are there small cracks in the panes? * The amount of weatherization around the doors and windows. --- are there storm windows? --- is there weatherstripping? If you pay your own utilities, this may be important. * The location of electric outlets and light fixtures. * The condition of paint and wallpaper --- are they worn, faded, or dirty * The condition of the floor. --- is it scratched and worn?

What the Covington Housing Authority deems acceptable:

Yet HUD says: * NOT acceptable are windows with badly cracked, broken or missing panes, and windows that do not shut or, when shut, do not keep out the weather.

My January 2004 Heating Bill: $290.47

2. Kitchen

The Kitchen Must Have: Ceiling A ceiling that is in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface materials such as plaster. Storage Some space to store food. Electricity At least two electric outlets, or one outlet and one permanent overhead light fixture. * Count as one outlet. * Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cords; they are not permanent. * NOT acceptable are broken or frayed wiring, light fixtures hanging from wires with no firm support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets. Stove and Oven A stove (or range) and oven as well as necessary connections that work. In some cases, a microwave oven may be substituted for a stove (or range) and oven. (Appliances not required and can be supplied by the tenant.) Floor A floor that is in good condition. * Not acceptable are large cracks or holes, missing or warped floor boards or covering that could cause someone to trip. Preparation Area Some space to prepare food.

Paint * A minimal peeling or chipping paint if you have children under the age of six and the house or apartment was built before 1978. Window If there is a window, it must be in good condition. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. A window that cannot be opened is acceptable. Walls Walls that are in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Serving Area Some space to serve food. --- A separate dining room or dining area in the living room is all right. Refrigerator A refrigerator that keeps temperatures low enough so that food does not spoil. (Appliances not required and can be supplied by the tenant.) Sink A sink with hot and cold running water. --- A bathroom will not satisfy this requirement. You Should Also Think About: * The size of the kitchen. * The amount, location, and condition of space to store, prepare, and serve food. Is it adequate for the size of your family? * The size, condition and location of the refrigerator. Is it adequate for the size of your family? * The size, condition, and location of the sink. * Other appliances you would like provided. * Extra outlets.

3. Bathroom

The Bathroom Must Have: Ceiling A ceiling that is in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface materials such as plaster. Window A window that opens or a working exhaust fan. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. Toilet A flush toilet that works. Tub or Shower A tub shower with hot and cold running water. Floor A floor that is in good condition. * Not acceptable are large cracks or holes, missing or warped floor boards or covering that could cause someone to trip.

Paint * A minimal peeling or chipping paint if you have children under the age of six and the house or apartment was built before 1978. Walls Walls that are in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Electricity At least one permanent ceiling or wall light fixture that works. * NOT acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets. Sink A sink with hot and cold running water. --- A bathroom will not satisfy this requirement. You Should Also Think About: * The size of the bathroom and the amount of privacy. * The appearance and condition of the toilet, sink, and shower, or tub. * The appearance of the grout and seal along the floor and where the tub meets the wall. * The appearance of the floor and walls. * The size of the hot water heater. * A cabinet with a mirror.

4. Other Rooms

Other rooms that are lived in include: bedrooms, dens, halls, and finished basements or enclosed, heated porches. The requirements for other rooms that are lived in are similar to the requirements for the living room as explained below. Other Rooms Used for Living Must Have: Ceiling A ceiling that is in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface materials such as plaster. Walls Walls that are in good condition. * NOT acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Paint * Minimal peeling or chipping paint if you have children under the age of six and the house or apartment was built before 1978. Electricity in the Bedrooms Same requirement as for living room. Floor A floor that is in good condition. * NOT acceptable are large cracks or holes, missing or warped floor boards or covering that could cause someone to trip.

Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. A window that cannot be opened is acceptable. Window At least one window, which must be openable if it was designed to opened, in every room used for sleeping. Every window must be in good condition. * NOT acceptable are windows with badly cracked, broken or missing panes, and windows that do not shut or when shut, do not keep out the weather. Other rooms that are not lived in may be: a utility room for washer and dryer, basement, or porch. These must be checked for security and electrical hazards and other possible dangers (such as walls or ceilings in danger of falling), since these items are important for the safety of your entire apartment. You should also look for other possible dangers such as large holes in the walls, floors, or ceilings, and unsafe stairways. Make sure to look for these things in all other rooms not lived in. You Should Also Think About: * What you would like to do with the other rooms. --- Can you use them the way you want to? * The types of locks on windows and doors. --- Are they safe and secure? --- Have windows that you might like to open been nailed shut? * The condition of the windows. --- Are there small cracks in the panes? * The amount of weatherization around doors and windows? --- Are there storm windows? --- Is there weatherstripping? If you pay your own utilities, this may be important. * The location of electric outlets and light fixtures. * The condition of paint and wallpaper. --- Are they worn, faded, or dirty? * The condition of the floors. --- Are they scratched and worn?

5. Building, Exterior, Plumbing, and Heating

The Building Must Have: Roof A roof in good condition that does not leak. Gutters and downspouts are not required, but, if present, are in good condition and securely attached to the building. * Evidence of leaks can be seen from stains on the ceiling inside the building. Outside Handrails Secure handrails on any extended length of stairs (e.g., generally four or more steps) and any porches, balconies, or decks which are 30 inches or more above the ground. Walls Exterior walls that are in good condition, with no large holes or cracks that would let a great amount of air get inside. Foundation A foundation in good condition that has no serious leaks. Water Supply A plumbing system that is served by an approvable public or private supply system. Ask the manager or owner. (This service can be billed to the tenant.) Sewage A plumbing system that is connected to an approved public or private sewage disposal system. Ask the manager or owner. (This service can be billed to the tenant.) Chimneys No serious leaning or defects (such as big cracks or many missing bricks) in any chimneys.

Paint Minimal cracking, peeling, or chipping paint f you have children under the age of six and the house or apartment was built before 1978. * This includes exterior walls, stairs, decks, porches, railings, windows, doors, and entrance and hallway to the apartment. Cooling Some windows that open, or some working ventilation or cooling equipment (Appliances not required and can be supplied by the tenant.) that can provide air circulation during warm months. Plumbing Pipes in good condition, with no leaks and no serious rust that causes the water to be discolored. Water Heater A water heater located, equipped, and installed in a safe manner. Ask the manager or owner. Heat Enough heating equipment so that the unit can be made comfortable during cold months. * NOT acceptable are space heaters (or room heaters) that burn oil, kerosene, or gas and are not vented to the chimney. Space heaters that are vented may be acceptable if they can provide enough heat. Electric heaters are acceptable. You Should Also Think About: * How well maintained the exterior of the house or apartment is. * The type of heating equipment. --- Will it be able to supply enough heat for you in the winter, to all rooms used for living? * The amount and type of weatherization and its affect on utility costs. --- Is there insulation? --- Are there storm doors? --- Is there weatherstripping around the windows and doors? * Air circulation or type of cooling equipment (if any). --- Will the unit be cool enough for you in summer?

6. Health & Safety

The Building & Site Must Have: Smoke Detectors At least one working smoke detector on each level of the unit, including the basement. If any member of your family is hearing-impaired, the smoke detector must have an alarm system designed for hearing-impaired persons. Fire Exits The building must provide an alternate means of exit in case of fire (such as fire stairs or exit through windows, with the use of a ladder if windows are above the second floor). Elevators Make sure the elevators are safe and working properly. Entrance An entrance from the outside or from a public hall, so that it is necessary to go through anyone else's private apartment to get to the unit. Neighborhood No dangerous places, spaces, or things in the neighborhood such as: * nearby buildings that are falling down * unprotected cliffs of quarries * fire hazards * evidence of flooding Garbage No large piles of trash and garbage inside or outside the unit, or in common areas such as hallways. There must be a space to store garbage (until pickup) that is covered tightly so that rats and other animals cannot get into it. Trash should be picked up regularly.

Lights Lights that work in all common hallways and interior stairs. Stairs and Hallways Interior stairs with railings, and common hallways that are safe and in good condition. Minimal cracking, peeling, or chipping paint in these areas. Pollution No serious air pollution, such as exhaust fumes or sewer gas. Rodents & Vermin No sign of rats or large numbers of mice or vermin (like roaches). For Manufactured Homes: Tie Downs Manufactured homes must be placed on the site in a stable manner and be free from hazards such as sliding or wind damage. You Should Also Think About: * The type of fire exit. --- Is it suitable for your family? * How safe the house or apartment is for your family. * The presence of screens and storm windows. * Services in the neighborhood. --- Are there stores nearby? --- Are there schools nearby? --- Are there hospitals nearby? --- Is there public transportation nearby? * Are there job opportunities nearby? * Will the cost of tenant-paid utilities by affordable and is the unit energy-efficient? * Be sure to read the lead-based paint brochure given to you by the HA or owner, especially if the housing or apartment is older (built before 1978).

Good Place to Live - Housing Quality Standards
Summary

Now that you have finished reading, you know that for a house or apartment to be a good place to live, it must meet two kinds of housing quality standards:

Things it must have in order to be approved for the Housing Choice Voucher Program.

Additional things that you should think about for the special needs of your family.

You know that these standards apply in six areas of special needs of your family. You know that these standards apply in six areas of a house or apartment.

1. Living Room
2. Kitchen
3. Bathroom
4. Other Rooms
5. Building Exterior, Plumbing, and Heating
6. Health & Safety

You know that when a house or apartment meets the housing quality standards, it will be a safe, healthy, and comfortable home for your family. It will be a good place to live.

After you find a good place to live, you can begin the Request for Lease Approval process. When both you and the owner have signed the Request for Lease Approval and your HA has received it, an official inspection will take place. Your HA will inform both you and the owner of the inspection results.

If the house or apartment passes, a lease can be signed. There may still be some items that you or your HA would like improved. If so, you and your HA may be able to bargain for the improvements when you sign the lease. If the owner is not willing to do the work, perhaps you can get him or her to pay for the materials and do it yourself.

If the house or apartment fails, you and/or your HA may try to convince the owner to make the repairs so it will pass. The likelihood of the owner making the repairs may depend on how serious or costly they are.

If it fails, all repairs must be made and the house or apartment must be reinspected before any lease is signed. If the owner cannot, or will not, repair the house or apartment, even if the repairs are minor, you must look for another home. Make sure you understand why the house or apartment failed, so that you will be more successful in your next search.

New Rights for

Tenants and Landlords

Uniform Residential Landlord – Tenant Act

K.R.S. 383.500 – 383.715

The Uniform Residential Landlord-Tenant Act (URLTA) protects housing, by giving landlords and tenants very clear rights and duties, and by showing legal ways to settle problems fairly.

    After years of confusion, both landlords and tenants now have equal standing in the eyes of the law.  NONE of the rights, duties, or solutions under URLTA - for landlords or tenants - can be TAKEN AWAY by any written or oral agreement.  But the law only works for people who understand how to use it. (Or in a Slumlord’s case - twist, ignore or abuse it!)  Tenants  and landlords have to know enough to make sure (and, when needed, demand) that their rights are respected. And this means ALL RIGHTS; Constitutional, Human, Civil, Commonwealth, Municipal....  

    URLTA says nothing about rent control.  A landlord can still raise a tenant’s rent as he sees fit, unless the tenant lives in subsidized housing (Section 8, Senior Housing, etc.), or has a written agreement stating the amount of rent to be paid for a certain period of time.

    The rest of this booklet shows exactly how to use URLTA.  Please share the information with your friends and neighbors.  If you would like more information or additional copies, call The Northern Kentucky Housing Coalition at The Covington Community Center @ 491-2220.

Who Is Covered by URLTA?

Whether the lease* is written or oral*, all landlords and tenants of rental homes, apartments, boarding houses, and mobile homes in this city are covered by URLTA.  

Covington, KY Code of Ordinances
     TITLE XV: LAND USAGE
     CHAPTER 153: UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
CHAPTER 153:  UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT

CONTENTS

SECTION

       Important Words

       You May Need Advice

       Who is Covered by URLTA

       Duties of Landlords and Tenants

       Leases

       Security Deposits

       Entering The Rental Unit

       REPAIRS

       Eviction

      RETALIATORY ACTIONS(Getting Even)by Landlords Prohibited!

       Notice

       Where To Get Help

Important Words:

   When you see a star(*) after certain words in this booklet, you should look at this list to find out just what they mean.  These words are important in understanding the rights and duties of landlords and tenants.

1.     Certified Letter: The Sender pays a fee and the Receiver must sign for the letter.  This is done to have proof that the letter was received.  Call the Post Office to find out how to send a certified letter and how to get a return receipt.

2.     Eviction: The act of legally removing a tenant from the rental unit.  The landlord must give notice of eviction before beginning the legal process of eviction.

3.     Building/housing codes: local laws concerning the health and safety of rental units.

4.     Lease: Written or oral agreement made between the landlord and the tenant, concerning the use of a rental unit.

5.     Notice: Announcement giving information or a warning.  This should always be done by certified letter, to have proof that it was received.

6.     Oral: Anything that is spoken but not written down.

7.     Rental Unit: The place that a tenant pays rent to live in.

8.     Violation: Breaking a law, rule, or promise.  “Violation of Rights” means that a person’s rights have not been respected.  “Housing Code Violations” can cause the city to take legal action.

You May Need Advice

    This booklet is for general information only - it’s not meant to be used to solve individual legal problems.  Different circumstances may mean you need very different legal advice.

    If you want to know more about your rights, or if you are having any problems, you should talk to a lawyer or housing counselor.  See the list at the back of this booklet.  Here are some examples of when you should GET HELP:

    AS SOON AS A TENANT RECEIVES A WRIT OF FORCIBLE ENTRY AND DETAINER (FOR EVICTION*).

    When the tenant doesn’t understand or agree with a written lease*.

    When the landlord won’t return a security deposit, even though the tenant hasn’t caused any damages.

    When the landlord keeps entering the rental unit* at odd hours or without 2 days notice*.

    When the landlord cuts off utilities or refuses to make repairs for health and safety.

    When the landlord tries to evict a tenant without giving proper notice.

    When the landlord tries to evict a tenant (or otherwise retaliate) after the tenant has reported housing code violations* or joined a tenants’ group.

    As soon as the tenant receives any kind of notice from the landlord.

    When the tenant is not living up to his duties.

Warning

    Be sure to keep copies of all leases, notices, certified letters* and return receipts, security deposit checklists,  rent receipts and any other rental records.  They may be needed for proof later.

Duties Of Landlords and Tenants:

The Tenant Must:

1.     Pay rent on time.

2.     Keep the rental unit clean and safe and obey the local housing, health and building codes.

3.     Keep the rental unit free of trash and garbage.

4.     Use all electrical, heating, ventilating, plumbing and air-conditioning equipment properly.

5.     Be responsible for any damages done to the rental unit.

6.     Not disturb (reasonable) neighbors.

7.     Give proper notice to the landlord when ending the lease or repairing the rental unit.

Let the landlord come in when needed, after 2 days notice, or without notice in emergencies.

The Landlord Must:

1.     Keep the rental unit (and grounds) clean, livable, (sanitary/healthy) and safe.

2.     Make needed repairs on the rental unit and OBEY the housing, health and building codes.

3.     Keep common areas, like halls and stairways (laundry rooms), clean and safe.

4.     Keep all electrical, plumbing, heating, ventilating and air-conditioning equipment in the building in good working order.  (This should include providing an adequate supply of necessary supplies, such as replacement light bulbs and fuses).

5.     Provide tenants with hot and cold running water at all times.  Provide heat between October 1^st and May 1^st (when rent includes heat).

6.     Give the tenant in writing: the manager’s name; the name of the person who handles notices or complaints; and/or the owner’s name.

7.     Keep ALL security deposits in a separate bank account.  The landlord MUST tell the tenant where the account is held and the account number.

8.     Make lists of damages before the tenant moves in (although, there should be nothing unrepaired) and after the tenant moves out, with the estimated costs of repairing them.

Selected Items of Note:

    “Can the Landlord give the tenant new rules and regulations for living in the rental unit after he has moved in?”  YES, if the rules aren’t changed in an important way. The rules must be reasonable, applied EQUALLY to ALL tenants, and made to protect the rental unit, the tenant’s well-being, or the welfare of other tenants.  The tenant should ask (demand!) for the rules in writing.

    “What can the tenant do if the rental unit needs health and safety repairs and it’s not his fault?”  If the tenant, his family or friends didn’t cause the damages, and they affect health and safety, he can take several actions.  The tenant should first ask the landlord in writing to make the needed repairs.  If he won’t do it, the tenant should REPORT this to the City Housing Inspectors.  They will tell the landlord to fix up the rental unit.  The tenant can’t be evicted (or otherwise retaliated against) just for complaining to the Landlord or to the City.

    “Can the tenant take the Landlord to Court even after he moves out?”  YES.  Even after the tenant leaves, he can sue the Landlord for damages for not providing services.  The tenant should see a LAWYER.

    “What is a retaliatory action?”  It is when the Landlord gets even with the tenant by forcing him to move, raising the rent, or cutting off household services.  (Household services include gas, electric, water, and heat in winter.)

    “What are some reasons why the Landlord might want to get even with the tenant?”  The tenant: *Complains to the city or county about conditions in the rental unit.  *Makes a general complaint to the Landlord about violations of his RIGHTS.  *Joins, organizes or becomes involved in a tenants’ group.  (A tenants’ group is a group of tenants working together to improve their housing conditions.)  e.g.: “The South Bank SlumLord Alert”!

    “What can a tenant do if he does one of these things and then feels the Landlord is trying to get even with him?”  *SEE A LAWYER immediately.  *Sue the Landlord for damages and lawyer fees.  *End the lease.  *Use the Retaliatory Eviction section of URLTA as a defense to stop eviction.  If you are a section 8 participant, go immediately to the HUD Web Site and register a complaint through the Inspector Generals Hotline!!!

http://www.hud.gov/oig/oigindex.html

----- Original Message -----

From: TEXUSA@webtv.net

To: Michael W. Connett

Sent: Thursday, August 22, 2002 4:00 PM

Subject: Re: [Pozmen] Housing-HUD/Section 8

 

Michael: Here comes part 2 of the story.
I am familiar with what you say about  what is necessary to qualify for
benefits.    In this case it is not mismanagement, it is deliberate. I
went to check several apartment complexes on their list and found empty
apartments. When I questioned this I was quietly told that these units
were for families and women with children only. They roll out the red
carpet for them. If you are a single person you might as well forget it.
I got the feeling that apts. don't even exist.

 

A landlord who agrees to accept a voucher and the provisions of the program holds most of the cards in this regard!  In exchange for that, many landlords who do take a voucher treat their tenants and properties like crap as long as they can get away with it.

 

My first section 8 apartment and experience ended after I'd invested almost four years into making my "HOME" there.  It was there that my friends Sande and Mark gave me Moses.  I made an agreement with the landlord that I would take over doing all the yardwork around the place in exchange for him allowing me to have Moses without any rent increase.  This was a single family home that had been turned into a duplex (2-1 Bdrms) with off-street parking for 2, a yard, a back deck with a skyline view of Cincinnati...  I gardened, landscaped, cleaned all the dog droppings, decorated at Christmas, belonged to the Neighborhood Association and help start the neighborhood block-watch.  I thought I had died already and gone to heaven!  Along the way, however, I had dramatically improved the value of this rental property.  It could possibly command mush higher rent than may be allowed by Section 8!  After an accidental fire in the unit (later attributed to faulty wiring by the remodeling contractor); I put me stuff in storage at and stayed with my parents and cleaned it all up while the repairs were to be made.  The landlord then decided to try and blame me since I am a smoker, used the insurance to completely rehab the unit and then informed me that he would not be renewing my lease when the repairs were completed.  Eventually, he put it back on the market and tried to rent it for the fair market luxury rate.  I believe it sat empty for well over six months!!!

After checking with some other state employees,case manager,welfare,legal
advocate and people who have gone the process. I found that thru local
and state politics that they can go around what the federal law is.

 

While federal programs contain lots of guidelines there is still a lot of latitude allowed to the local intermediaries - the Housing Authorities.  When it comes to a landlords ethics and business practices, they could care less as long as they come with an available and acceptable unit.

It also appears that some doctors who sign off on disability are also involved.

They won't state you are disabled for a whole year so you can
qualify for benefits. I was also told  that you are automatically turned
down 2-3 times for disability. No matter what the problem is. The only
time they pay off is when a Circuit Judge in California tells them  to
do it. A friend of mine is waiting for his court date now. He has had no
income since October of last year.  He does get food stamps. Everyone
has been helping him out. This sure sounds illegal as hell to me but
they found a way to get away with it. Oh he also had to hire a lawyer to
represent him after waiting for months on a disability advocate who did
nothing for him.                Tex

Social Security Disability: Been down that road as well, but getting a lawyer is a good thing!  Most that handle disability cases do so on contingency (no up front fees) and are plentiful!  Almost every single person who applies gets turned down the first time unless you've already got one foot in...  When you apply for SSDI, it was recommended to me that you also apply for SSI which you may be able to get while you're going through the process and have no income.  SSI is also the remedy for those (youngsters) who haven't worked long enough or paid enough into their Social Security accounts.  Also, what Doctors can and cannot sign off on in the wake of new treatment regimens, is different than it was a decade ago.

 

Important Links:

www.hud.gov

HOUSING CRISIS LOOMS!!!

[Unreported by major media, a housing crisis for the poor and elderly looms
as Section 8 subsidies run out after 20 years. Here’s how it’s affecting one
city - but the same thing is happening all across the country]

REBECCA WALSH, SALT LAKE TRIBUNE: More than 20,000 low-income
Utahans get government help meeting their monthly rent. Nearly 3,000 of those tenants live in 82 buildings that soon could lose their federal subsidy . . . In the 1970s and early 1980s, Utah property owners raised apartment complexes and renovated existing buildings using tax credits and mortgages from the US Department of Housing and Urban Development. In exchange, the landlords signed 20-year contracts with the government to keep the housing affordable.
Under the Section 8 program, tenants pay about a third of their income for
rent and the government makes up the rest . . . Developers stopped
constructing Section 8 housing during the Reagan administration.

And Congress replaced the wholly subsidized buildings with a voucher system in
which tenants get government certificates for rent and landlords decide
whether to accept them.

Unfortunately, acceptance also requires inspection for Housing Standards Compliance and many Land/Slum/Lords don’t want inspectors in their properties.  If all Residential Rental Properties were inspected for compliance to the Housing Standards at least periodically when the Landlords rental licenses are renewed it would make a great deal of difference in the Section 8 Housing Market.  Currently, Covington does not require such inspections.  However, Dayton, Ky. does and it makes a world of difference according to their results in maintaining ALL Residential Rental Properties in compliance with the Housing Standard Codes.
Now, the 20-year contracts are expiring, putting many affordable apartments up for sale. Owners may continue the Section 8 contracts on a year-to-year basis or let the agreements lapse before raising the rents to market rates. Since 1996, 17 previously subsidized Utah complexes have been sold or opted out of the Section 8 program, eliminating 596 low-rent apartments.

Knights Capital Management Property @ 401 E. 5^th Street in Newport(My former residence).  This was my Kitchen ceiling directly BELOW the upstairs’ apartments bathroom!

Michael W. Connett
24 Wallace Avenue - Apt. #2W
Covington, Ky. 41014-1268
(859) 291-2214 *

September 1, 1998

Department of Housing & Urban Development
Office of Inspector General Hotline
Assistant Inspector General for Investigations
451 7^th Street, S.W., Room 8270
Washington, DC 20410

Dear Inspector General,  

I am a 43 year old AIDS patient, on Social Security Disability who until recently was receiving Section 8 Housing Assistance.  After reviewing HUD’s “Get Tough Initiative” on the internet and learning of your current efforts to prevent those who use HUD programs - as a property owner or a tenant, a contractor or a housing authority - from abusing the public trust or defrauding the government or the public, as well as your dramatic crackdown on landlords who take advantage of tenants, and rip off taxpayers while hiding behind HUD’s outdated financial systems, poor monitoring, and weak financial controls:  I am writing to you to submit an official complaint against and request for investigation of  both  my former Section 8 providers: The Housing Authority of Newport, Ky. and the Landlord;  Mr. John Doherty/ Knights Capital Mgt., LTD.

On March 17^th  of this year, my apartment underwent its annual inspection for compliance to Housing Quality Standards and was reviewed by Mr. Paul F. Chambers, the HA Section 8 Inspector.  Several deficiencies were found, the apartment failed and the Landlord was notified (Refer to attach. #1).  On April 2, the HA held my annual reexamination, I was re-certified and assuming that the Landlord would surely do the repairs and bring the apartment up to code I stated that I did not intend to move.  That decision was based on that assumption and my desire to avoid the hassle of another move and prevent any further detriment to my medical condition.   The apartment was re-inspected on April 30^th, the requested repairs had not been made, it failed again and the HA notified the Landlord and abated the Housing Assistance payment effective 5/1/98 (Refer to attach. #2).  Given this situation and the problems I had with the Landlord and HA when I first occupied the unit in late June of last year,  I then decided that the situation had become intolerable, the resultant stress would again be detrimental to my health and it would be in my best interest to move.

When I first looked at  this apartment it was not in very good shape and was in need of a thorough cleaning and some minor repairs. However, with its nice wood mantels, tile fireplaces, French doors, central air and dishwasher, it certainly had a lot of potential and it was my last resort for an apartment as my certificate was about to expire.  I naturally assumed that the landlord would do the cleaning and minor repairs before the unit was approved and I moved in.

 He did not and yet the unit was approved.  I was later informed by the inspector, Mr. Chambers, that Mr. Doherty had told him that I had agreed to do the cleaning myself after I moved in.  That was a lie. I never said that and given my medical condition  I probably would not have agreed even if asked.  After I had signed the lease and paid the landlord, he gave me a bag of new locks and keys that I had to install myself.  When I got to the apartment on June 16^th and walked in, nothing had been done or changed since the first time I looked at it.   Although this was my last resort to keep my certificate and avoid starting the Section 8 waiting list and process all over again, I was devastated at the condition in which I had received it(Refer to enclosed videotape and photographs).   Family and friends who saw it were also appalled and my mother even called Mr. Chambers to voice her opinion.  I also talked to Mr. Chambers and Ms. Phillips about the conditions and got no cooperation or even sympathy, Mr. Chambers going to the extreme of flippantly suggesting that if I didn’t like it—I should move.  In a subsequent conversation with Mr. Doherty, he informed me that Mr. Chambers had called him about my mothers call and told him to have me ‘get her off his back’.

Since I had been allowed to move into a unit that was not in decent, safe and sanitary condition to begin with and said complaint was documented to both the HA and the landlord (Refer to attach. #3-5), I believed that since the Landlord had broken the contract with the HA, had his Assistance Payments abated and did not appear to be willing to invest in the required repairs, that I would be able to move as soon as I could secure a new residence—especially since the unit was now in default.  I called the HA and spoke with Housing Specialist, Ms. Kim Phillips to inform her that given this current situation I had changed my mind and wanted to move as soon as possible.  She told me that even though the unit had not been repaired, was not in decent, safe and sanitary condition,  the landlord was in default of his contract and his Assistance payments abated: I was still required to stay in the apartment until the lease expires on June 30 or I would be disqualified for any further Section 8 assistance.  I must note here that all the deficiencies, except for one, that were discovered on March 17^th and caused the unit to fail the inspection, were Pre-existing at the time I first occupied the unit and it was passed in June of last year!

As a result of this situation, I began to think of many questions and tried to get answers either through research or a direct question.  Most of my direct questions have been evaded or ignored and the information I’ve attained through research contradicts what answers I did receive.  The more I poke around, find info and ask questions, the fishier this whole thing seems.

I have experience with Section 8 housing assistance; recently with the Housing Authority of Newport(Campbell County), Kentucky and a certificate and previously with the Housing Authority of Covington(Kenton County), Kentucky and a voucher.  From my experience, I understand that a voucher allows for more flexibility in the rental rate of an apartment as well as the amount of rent that I actually pay.  With a certificate, the rental rates as well as what I actually pay is fixed.  In trying to research how much rent I could consider in looking for a new apartment, I went to the HUD web site and checked on Section 8 consumer information.  Under the table marked Fiscal Year 1998 Income Limits and Section 8 Fair Market Rents, the FMR for a 1 Bedroom in Campbell County (as well as in Kenton County), Kentucky was listed as $390.00 which sounded like a reasonable and realistic figure compared to recent ads I had seen.  I sent a letter to Ms. Kim Phillips, Housing Specialist to confirm this information and inquire as to the availability of vouchers in the rest of Campbell County (Refer to attach. #6).  When I received no reply, I called her and was curtly informed that there were only certificates available in Campbell County and that the most they pay is usually $310.00 with a maximum of $325.00.

 * How can this be when your web site says the FMR is $390.00?  Are they allowed to deviate from the FMR  like that?

    Is it because they only have certificates?  If this is the case it should point out the need to institute a  voucher program which allows for more flexibility in the rent and the portion the tenant pays.  It would also  help attract better landlords with higher quality properties.

    If you allow them up to $390.00 rent for a 1 Bedroom and the HA is only paying the participating landlords a maximum of $325.00, why is there this $65.00 difference and where is it going?

    If it has nothing to do with certificates Vs. vouchers; why is the HA lowering the FMR  and what are they doing with the extra money ($65.00) that HUD is allowing for ($390. -  $325.).

    If vouchers allow for flexibility in the rent that can be paid which would attract the participation of  the better landlords with a higher quality of units available and improve the options of the tenants, why  doesn’t the Newport HA (Actually, all of Campbell Co.) have a voucher program in place?

    Who makes the decision to offer certificates and/or vouchers?  Is it the administering  Housing Authority or HUD?

    *Why was this apartment passed when I first moved in and then failed this year on things  that were also wrong when I first moved in?  What are the differences between the  Section 8 Housing  Quality Standards/Inspection Requirement and the local ordinances for quality, control and inspection of  rental housing units?  Whose standards prevail (I would think the higher ones would)?  Whose inspector  (local housing inspector vs. a separate/special Section 8 inspector) is supposed to be upholding whose  standards? 

In the case of the Newport HA and their separate/special inspector-Mr. Chambers,  I believe  that there is something not quite kosher about his dealings with my former Landlord, Mr. Doherty. During  the course of my tenancy with Mr. Doherty, he repeatedly insisted to me as well as his other tenants that  we should not allow regular city building inspectors into his properties. Only the Section 8 Inspector, Mr.  Chambers, was to be allowed in.   This never sounded right to me, so in early June of this year as my tenancy  was about to end I complained directly to the City of Newport Housing Department about Mr. Doherty’s actions (Refer to attach. #7).  On Tuesday June 23, I took copies of Attachments #8, #7, #5 and several  pictures of the conditions here and filed that complaint.  To my amazement, the next morning  I answered  a knock at the door to find a City Housing inspector, Mr. Chambers and Mr. Doherty.  The City  Inspector seemed quite interested in seeing my apartment and the other two seemed none too happy about it.

    *Perhaps my apartment was first passed (by Mr. Chambers) with the help and guidance of  Mr. Doherty because Newport has a shortage of Section 8 units, my certificate was about to expire and  this was the only prospect I had (I was desperate) and the HA looked the  other way on things?  What I see is that Mr. Doherty abuses the Section 8 system by using  it to take advantage of desperate Section 8 clients to his benefit (the way he operates is to get these desperate  low-income tenants locked into a lease and then sits back and waits for them to get the place all cleaned and  fixed up, in many cases utilizing social service programs that they qualify for,  and he ends up with his  property improved (and hasn’t had to put any money out) while the Newport HA is either clue less or  just  looking the other way.

    *And then there’s the shortage of nice, clean, safe, sanitary, well-maintained and ethically  managed Section 8 units?  Is HUD aware of the great reluctance by a majority of good, ethical landlords to  participate in the Section 8 program due to the many myths and misconceptions that surround the program  and that the local Housing Authorities seem to do little to nothing to educate and recruit them?  Does HUD  make available to potential landlord participants any kind of promotional/recruiting materials or literature  that explain the  programs do’s and don’ts, the Housing Quality Standards, etc.?  And if so, are the  local  Housing Authorities aware of and encouraged to use them?  And if not, why?

    *I faced these problems and questions and found that my only option was to give up my  Section 8 assistance and spend 67% of my monthly Social Security in order to get a decent place to live. 

In  regard to Section 8 in general and the Newport Housing Authority in particular: If and when the Newport HA’s proposed demolition of the Fourth Street Projects is carried out, most of the 202 families that  will be displaced are to be relocated in scattered site existing Section 8 properties throughout the city and  neighboring communities.  This situation is only going to get worse in the future, when they find the same  kinds of run-down, neglected properties with greedy, unethical slumlords and indifferent, uncooperative  Housing Authority staffers.

I would appreciate it if you would kindly acknowledge receipt of this request and inform me at your earliest convenience if my suspicions of mismanagement of the Section 8 program are correct.  Although my current landlord would not agree to Section 8 participation, I believe he would change his mind once he finds out the truth about how the program works.  In that event, I’d like to get back on the program as soon as possible, and if my case wasn’t handled correctly before that may help speed things up.  I thank you for your consideration of and prompt attention to my complaint and request.  I look forward to hearing from you soon.

Respectfully,

Michael W. Connett

MWC/
Enclosures
cc: HUD-Office of HIV/AIDS Housing
HUD-Kentucky State Office
City of Newport, Ky.
Newport, Ky. Housing Authority
Newport HA Residents Council
John Doherty/Knights Capital Mgmt., LTD
Richard Cullison-No. Ky. Legal Aid
John C.K. Fisher-The Ky. Post
Bob Driehaus-The Cincinnati Post

June 25, 1997

Mr. John Doherty
P.0. Box 135
Ft. Thomas, Ky. 41075

RE: 401 E. 5^th Street-Unit 1 - Newport, Ky. 41071
        Section 8/HUD rental

Dear Mr. Doherty,

I am enclosing, per the Uniform Residential Landlord-Tenant Act of Ky. (KRS 383.500-383.715) which has been adopted and is enforced by the City of Newport, a Move-In Inspection & Certification of Rental Unit Condition form which is required when a security deposit is to be paid.  I reserve the right to update this list as the unit is fixed up, cleaned and repairs made over the next few weeks as I get it ready to move my stuff out of storage in to here.  I will inform you of any additional problems I encounter.  I expect that it will take until the week of July 7^th before I have the cash to complete the work that needs to be done and have this place in an acceptable condition and can move the rest of my stuff in.  All things considered, I don’t believe I should owe any rent for June and the 1^st months rent I gave you on 6/16 should apply to July.

There are many pre-existing problems with this unit that need immediate attention to make it safe & sanitary; some are major and, given my medical condition, could affect my health.  We both know that Section 8 had me by the ‘nads and I had no other options since my certificate was about to expire while Newport Housing was being less than cooperative about the transfer from Covington;  I sincerely hope that you do not intend to take advantage of this situation; my health (stress is the single most damaging irritant to AIDS) and limited, fixed income will not hold out.  I have signed the lease and am committed to sticking out this year and honoring it.  Perhaps at the end of that time, this will be a premium apartment for real.  With the mantels, fireplaces, french doors, central air and dishwasher’ it certainly has a lot of potential; but there is a lot of work that needs to be done to fix all that is in disrepair and make it livable.  I am not afraid of the work and will do all that my health allows, but you will have to do your part. Under the City Housing Codes and URLTA, you have a responsibility to make such repairs.

I have no other option but to remain as a tenant and I have already invested over $300.00 in materials and supplies, so I ask that these problems be attended to as soon as possible.

Sincerely,

Michael W. Connett

MOVE-IN INSPECTION & CERTIFICATION
OF RENTAL UNIT CONDITION

Tenant: Michael W. Connett            Landlord: John Doherty
Address: 401 E. Fifth Street-Apt. 1 - Newport, Ky. 41071
Lease: Sect. 8  signed  6/16/97          Deposit: $l00.Pet & $325.Security/KHC

Out of necessity, the above described unit was received on Monday June 16 in an unacceptable -unsafe & unsanitary- condition.  The following  problems, damage or disrepair exist:

 Problem Description/Reported/To Whom:

1. Unit absolutely Filthy,  nothing had been cleaned since the last few
tenants. Knowing the Sct. 8 policies from my previous residence I assumed the inspection would be more exacting and, at the least, would have required. that the mold and mildew in the kitchen/appliances and bathroom, rodent droppings and roach nest remains would have been cleaned along with general overall cleaning of the entire unit.  Reported to everyone I have spoken to!

2. Windows: According to LL, windows had all been sealed shut due to A/C.  The Inspector ordered that they be unsealed and opened and working properly. When I attempted to close one of those windows, the bottom piece of the window frame came off. in my hand. the wood had deteriorated with dry rot.  Upon a closer look, I found that the majority of the windows were in the same or worse condition.  They do not open or move freely, are not airtight, glazing has fallen out, some panes are glass-some plexiglass, and several panes are broken.

6/23 -Spoke to Kim at Sct. 8 and was referred to the actual Inspector (Paul) who after hearing my complaint said; Why don’t you move?  After telling him that I did not have that option, he told me to take it up with the LL and if he didn’t do something about it, put together this list and submit it to Sect. 8.

3. Hot Water: There has yet to be hot running water in the unit.  A general handyman has been here 2-3x to fix plumbing problems And I still have no hot running water.  Makes it very difficult to clean the crud from the unit.

4. Shower/Plumbing: Due to the LL having split the water company main into two separate metered and billed. sets of supply lines using small gauge copper tubing, there is very little water pressure throughout the building.  Low. pressure is part of the reason, in. addition to the hot water problem, that the shower still is not functioning properly.  Not enough pressure to outside hose spicket to properly hose down dirt & debris. The Handyman doesn’t know what can be done about this.

5. Kitchen Ceiling/Sewage Leak: On 6/23 both I and the upstairs tenant reported a leak on the 2^nd floor that that was draining through my kitchen ceiling. Tenant wasn’t sure whether the toilet or the kitchen sink was the source of the drainage.  Ceiling tiles in my kitchen are a mess and need replacement.  Since the possibility exists that this was a sewage leak all the tiles should be replaced for health reasons

Water was cleaned up in my kitchen, upstairs leak was repaired, ceiling tiles were taken down. Reported to Handyman the need for new tiles.  *When removing ceiling tiles, light fixture was jostled and as a result lights in kitchen and bathroom went out.  Reported to LL 6/24, electrician came & did partial repair, is supposed to finish 6/25.

6. Central Air (A Premium Item): Not functioning properly, needs to be serviced, cleaned and charged. Reported to LL 6/23, service man has been called.

Dishwasher (Another Premium): Also not functioning and reported along with A/C.  Reported to LL, electrician is supposed to make sure it’s getting power, then we’ll see.

Water & 220 Volt Service in Basement: Both of these services, to which the upstairs tenants have their laundry equipment attached to, run off of and are billed to my meters.  Reported to LL 6/23, electrician has unhooked 220 from my box and will move it, separate water lines from 2^nd unit meter/service will be hooked up.

9.    Lazy susan cabinetry (Premium??) in kitchen not seated and functioning properly.

10.Few, if any, screens or windows in outer storm casings. Although there appears to be some stored in the basement, they are in the same deteriorated condition as the other windows.

11. Door Locks: Apparently, LL was ordered to replace double-keyed dead bolts from doors.  While LL provided new locks, I had to do the installation myself. I am still in need of a new lock cylinder for the back door.

12. Numerous holes, nails/screws, tape, broken window hardware, peeling wallpaper/borders on/in walls and woodwork.

13. Front Porch: Wood rotted/broken, no handrail on steps and no electric/security light present.

14. Heating/AC Ducts: Not cleaned in ages! Filled with cat hair and food, dirt, rodent droppings, feathers(pigeons?) and roach casings.

15. Profuse water seepage through walls in basement.

16. Basement door deteriorating and coming off of  hinges.

17. Glass pane broken in front storm door.

18. Glass pane broken in bedroom - east side.

19. No working lawn mower on premises. Although under URLTA, as  well as HUD, you are responsible for maintaining the yard /common areas, you have delegated the lawn and yard work to me. While I have no problem with that, I think the least you could do would provide a working lawn mower; automatic as my health precludes using a manual one.

20. Latch on street side gates in backyard needs to be repaired/ installed for safety and to keep dog fenced in.

21. Abandoned garbage, car parts, appliances, assorted toys and miscellaneous accumulated in yard from recent move-in by 2^nd floor tenants.

22. Unit did not come equipped with the following equipment/items which are being purchased, installed or replaced by tenant:
Bathroom fixtures-toothbrush/cup/soap/toilet paper/towel holders, Window treatments-coverings/shades/blinds/working brackets.
 

I  reserve the right to amend this list as new discoveries are made.  Photo and Videotape back-up of these conditions exist and will be made available to anyone who requests to inspect them.

MWC/
cc: John Doherty
    Sect. 8 Administrator-Kim
    Sect. 8 Inspector-Paul
    Kentucky Housing Corporation-Faye Ballinger
    No. Ky. Housing Coalition
    Files

Page Created: 03/30/2001.  Revised/Updated: June 23, 2011
"Copyright" - "The Michael W. Connett-'LIVING' Trust"