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Addressing Repairs under NYCHA (Section 9) & PACT

Presented by: Ayana Heyward, Paralegal Casehandler

The Legal Aid Society

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Sources/Resources

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NYCHA's History of Neglect & Mismanagement

  • There are 251 housing developments under NYCHA Public Housing, Section 9 program.
  • Many of NYCHA's buildings were built in the 1940's-1970's. 
  • For decades, NYCHA failed to maintain and modernize its buildings, including upgrading systems such as boilers.
  • NYCHA's neglect led to issues such as leaks, mold, broken boilers, rodent infestations, crumbling infrastructure, and more.
  • By the mid-2010's, NYCHA had a backlog of numerous work orders, resulting in a delay of emergency repairs and tenants waiting months or years for basic repairs. New York City Housing Authority - NYCHA Metrics
  • NYCHA often closed tickets alleging tenants were not home, failed to make and complete repairs, and logged incomplete repairs as completed
  • NYCHA's deceit, neglect, and mismanagement has led to mistrust from tenants.

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NYCHA Scandal

In 2017, the Department of Investigation (DOI) reported that NYCHA falsified lead paint inspections.

NYCHA falsely claimed to have conducted the required annual lead paint inspections in thousands of apartments. They submitted documents to the federal government asserting that the inspections were complete, when they had not been conducted.

This exposed thousands of children to potential lead poisoning, which can cause irreversable mental and physical damage.

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NYC Government Publication | Investigation into False Certification of NYCHA Lead Paint Inspections | ID: db78tf30g | Government Publications Portal

Report charges NYCHA lied about conducting lead inspections

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...Continued

  • The U.S. Department of Housing and Urban Development (HUD) investigated and found NYCHA had lied to federal inspectors, failed to maintain safe housing conditions, and neglected its legal responsibility and safety hazards.
  • In 2018, the U.S. Attorney for the Southern District of New York filed a civil lawsuit against NYCHA for deliberate cover-ups of poor living conditions, lying to HUD inspectors, and repeated failure to address and make repairs.

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Appointment of the Federal Monitor

In 2019, NYCHA signed a Consent Decree with HUD and the U.S. Attorney's Office. The consent decree included appointment of a federal monitor, Bart Schwartz, a former federal prosecutor, to oversee NYCHA's compliance and reform efforts, focusing on

  • Mold and Leaks
  • Lead paint abatement
  • Heat and elevator systems
  • Pest control and garbage management
  • Transparency and work order tracking

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The federal monitor is required to submit progress reports 4-6 times per year. Reports are publicly available and submitted to HUD, the U.S. Attorney's Office for the Southern District of New York, and the Mayor of New York City.

Bart Schwartz submitted their final report in 2024. Neil Barofsky and Matt Cipolla assumed the role of the federal monitors.

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Effects on NYCHA's Tenants

NYCHA's deceit, neglect, mismanagement, and backlog has severly effected NYCHA tenants, impacting their health, safety, mental well-being, and quality of life.

NYCHA tenants often deal with unaddressed issues for months to years.

Tenants are often at risk of or have developed asthma, respiratory illness, and lead poisoning.

Broken intercoms & locks, poor lighting, damaged elevators are safety risks tenants often encounter.

Many tenants experience stress, anxiety, and frustration due to unresolved repairs.

Tenants also often miss work and/or school due to scheduled inspections or maintenance repairs that never occur.

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Addressing repairs �NYCHA “Section 9” Public Housing

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How to Request Repairs

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  • Contact the NYCHA’s Customer Contact Center (CCC) at 718-707-7771
  • Submit a repair request via the MyNYCHA app

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  • Submit a repair request via the MYNYCHA website, My NYCHA

(Tenants can request repair of their unit and public spaces in their building)

  • For skilled trade tickets, tenants can contact their Neighborhood Planning Unit to make an appointment. (contact information for NPU is provided on repair slips or by the property management office).

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Maintenance Workers: Are responsible for routine and basic maintenance repairs in apartments, common areas, and buildings. They respond first to any repair request and create follow-up repair tickets if additional specialized work is needed. During the assessment, a maintenance worker assesses the repair and completes minor repairs on the spot.

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Skilled trades – Are assigned to perform complex repairs that cannot be completed by a maintenance worker. Examples of these trades include Painter, Plasterer, Carpenter, Plumber, Electrician, & Exterminator.

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Vendors- Are contracted to perform complex repairs that are outside the scope of skilled trades workers. Vendors include contractors, consultants, and construction firms and are often used for large scale projects such as boiler replacement, roof reconstruction, façade restoration, elevator modernization.

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Caretakers: Are responsible for keeping the development clean.

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Maintenance, Skilled Trades, & Vendors

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Response

When submitting a request for repair, the tenant creates a maintenance ticket for maintenance assessment. Maintenance tickets are scheduled for the next available appointment date.

Emergency Repairs: Emergencies are not scheduled. NYCHA has a set response time frame of “within 24 hours”, this is based on the type of emergency and availability of staff.

Emergencies include the following:

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During the assessment, a maintenance worker assesses the repair and completes minor repairs on the spot.

(Minor Repair- A repair job that can be performed by a maintenance worker in their maintenance assessment. Minor repairs include leaky faucets, doorknob and lock repair, stoppages, etc.)

If needed, the maintenance worker will create a follow-up ticket for environmental testing, skilled trades, or vendors. The maintenance worker will provide the tenant with a Repairs to Schedule slip. The slip will have a ticket number, needed repair(s) and the contact information for the Neighborhood Planner. ***All follow-up tickets require a different work ticket number.

The Neighborhood Planner schedules tickets for Skilled Trades, which include painters, plasterer, carpenter, plumber, electrician, exterminator, etc.)

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*Additional information can be found on NYCHA’s website Customer Contact Center Maint - NYCHA

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  • Danger or potential danger to life or limb caused by a maintenance problem
  • Main sewer and stack stoppages
  • Explosions / Fires
  • Apartment door and doorknobs not working
  • Gas Leaks
  • Toilet stoppages
  • Elevators out of order
  • Heat and hot water complaints
  • Floods
  • Power failures and apartments without electricity

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Access

  • For any scheduled repairs, the head of household or someone 18 years or older must be in the apartment at the time of the scheduled appointment to allow NYCHA staff access to make the repairs.
  • For repairs that need immediate attention due to safety issues, NYCHA may access a tenant’s apartment without a scheduled appointment.

(**This is contained in the public housing lease between tenant and NYCHA)

  • NYCHA is required to provide advanced notification, except in emergencies such as fire, gas or water leak.
  • NYCHA employees and vendors are required to carry and display identification when visiting a tenant’s apartment.
  • If the employee or vendor cannot present an ID card, tenants should not allow access to their apartment.

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Repair Time

  • The average length of time to complete repair, from maintenance assessment to final completion, depends on the severity of the job, NYCHA’s capacity, and staffing levels.
  • Minor repairs are often completed during the scheduled repair appointment.
  • NYCHA has a high demand for repairs, resulting in very long wait times for skilled trade and vendor repairs.
  • The process for mold, lead-based paint, and asbestos repair are different from other maintenance repairs and often required relocation of the household for repairs to be made.

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Heat and Hot Water

  • Hot Water: NYCHA is required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit.

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  • Heat: NYCHA must provide heat during the heating season, October 1 through May 31. New York City building owners must maintain an indoor temperature of at least 68 degrees between 6 a.m. and 10 p.m. when it’s below 55 degrees outside; from 10 p.m. to 6 a.m., indoor temperature must be at least 62 degrees regardless of the temperature outside.

https://www.nyc.gov/site/nycha/residents/heating.page

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**Diamond, Britt v. NYCHA – Class Action bought against NYCHA for damages based on claims that NYCHA breached the warranty of habitability due to heat and hot water outages during the 2017-2018 heating season. This case was settled with a total Settlement Compensation of $5,000,000 that was distributed solely in the form of Rent Credits to be shared among the Settlement Class. Microsoft Word - EX A - Stipulation of Settlement

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Environmental Hazards: Mold, Lead-Based Paint, & Asbestos

  • Mold: A fungal growth that can develop in damp arears and on damp surfaces. Mold usually appears in its early stages as black circles or blotches. Mold exposure can be harmful to individuals that suffer from allergies, asthma, or weakened immune systems.
  • Lead-Based Paint: Houses and apartments built before 1978 may have paint that contains lead. Lead exposure, even in small amounts, can harm both children and adults, potentially causing developmental problems, learning difficulties, and other health issues.
  • Asbestos: A naturally occurring group of fibrous silicate minerals that were widely used in building materials and other products due to their strength, heat and fire resistance. Exposure to asbestos fibers, especially when released in the air, can lead to serious health problems, including lung diseases.

**Asbestos exposure does not usually cause immediate health conditions, there are no routine medical test to test exposure, and asbestos-related diseases may not develop until 10-40 years after exposure.

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Ombudsperson Call Center (OCC)- MOLD

  • NYCHA is under a court order to effectively remediate mold and excessive moisture in a timely fashion.
  • The creation of the OCC was part of a court-monitored consent decree known as the Baez agreement, which required NYCHA to confront toxic mold in apartments. Baez v. NYCHA

Baez v. New York City Housing Authority, 533 F. Supp. 3d 135 - Dist. Court, SD New York 2021 - Google Scholar

  • If a tenant has reported a mold, leak, or excessive moisture problem in their apartment to NYCHA and are dissatisfied with NYCHA’s response and/or performance, they may contact the independent, court appointed Ombudsperson Call Center (OCC) at 888-341-7152.
  • Tenants must have their ticket number(s) available when they call.

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NYCHA’s Compliance Unit

NYCHA’s Compliance Unit accepts reports of outstanding repair issues; improper maintenance work intended to hide actual building conditions; previously reported unsafe health and safety conditions, including lead, mold, pests, heating, elevators, building cleanliness, and fire safety, that were not corrected; poor quality maintenance work in an apartment or building. Reports of potential violations of laws, rules, or regulations; policies or procedure not followed; and unsafe conditions for NYCHA staff are accepted. Individuals can remain anonymous.

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Contacting the Compliance Unit

  • Email: compliance@nycha.nyc.gov
  • Call 718-707-7771 (CCC) and selecting option 7
  • Visit on.nyc.gov/Submit-Concern

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Relocation due to Repairs and Abatement of Environmental Hazards

Relocation in NYCHA is required when conditions within a unit pose serious health or safety risk that can’t be quickly resolved.

These health and safety risk include mold or lead contamination, asbestos exposure, fires or floods, and structural damage such as collapsing ceilings.

Depending on the severity and length of repairs needed, tenants may be moved temporarily or permanently to another NYCHA unit.

For life threatening conditions, NYCHA has an emergency transfer process. In urgent cases, tenants are temporarily placed in hotels.

NYCHA has a Resident Relocation Services Department that provides relocation and moving services for residents.

**Additional Information can be found here Relocation Services

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Building-Wide Repair

  • A Building-wide repair is any repair that concerns a building’s common areas, façade, or development grounds.
  • These repairs include gas leaks, steam leaks, heat & hot water outages, electrical/power outages, intercom repair, broken mailboxes, rodent infestation, etc.
  • Tenants can report these issues by contacting the CCC, submitting a report through the MYNYCHA app or on the website.
  • Tenants can check NYCHA’s website for planned/unplanned outages

Elevator, Gas, Heat and Hot Water Outages

  • For planned heat, elevators, gas, electricity outages the restoration times vary.

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Contacting NYCHA’s Borough Office

For outstanding repair issues, tenants can contact their Borough Office for assistance.

**Tenants must have their ticket number(s) available when they call.

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  • Bronx: 718-409-8626
  • Brooklyn: 718-491-6967
  • Manhattan: 917-206-3500
  • Queens/Staten Island: 718-553-4700

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Resident Associations

Resident Association Presidents can be essential in resolving repair issues.

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Elected Officials

Elected Officials can serve a significant role in assisting tenants with obtaining repairs and resolving other issues with NYCHA.

Elected Officials often have staff who handle constituent complaints and can assist in escalating unresolved NYCHA repair issues.

Elected Officials can contact NYCHA management directly to push faster responses for repairs.

Additionally, Elected Officials can hold oversight hearings, propose and support new laws, advocate for federal, state, and city funding, push for capital investment, and more.

Locating Elected Officials

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NYCHA’s Repair Backlog and Resolution

  • NYCHA has a significant and growing repair backlog.
  • Contributing factors for the backlog are reported as staffing shortages, aging infrastructure, and lack of funding.
  • NYCHA reports to need $78.3 billion to fully renovate and modernize its housing.
  • NYCHA implemented PACT (Permanent Affordability Commitment Together) to address its extensive repair backlog.
  • Other initiatives to resolve the repair backlog include the Public Housing Preservation Trust, work order reform and skilled trades focus, enhanced maintenance and emergency response, capital investment plan, and supporting federal legislation aimed at securing additional funding.

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PACT (Permanent Affordability Commitment Together

  • PACT is New York’s version of RAD (Rental Assistance Demonstration. NYCHA’s PACT program is a public-private partnership with NYCHA and private developers. Under PACT, NYCHA developments convert from Public Housing "Section 9" to Project-based Section 8. Through this program it allows NYCHA to unlock funding to complete comprehensive repairs.
  • It is reported that the implementation of PACT has reduced NYCHA’s repair backlog by approximately $2 billion.
  • NYCHA no longer manages developments converted through PACT. NYCHA takes on a different role in the conversion. Converted developments are managed by private management companies.

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Addressing repairs

NYCHA PACT- Project Based Section 8

Developments

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Addressing Repairs (PACT Developments)

  • Repair request must be made to the new property management company.
  • If complaints are not addressed, tenants can call 311 to submit complaints to the New York City Housing Preservation and Development (HPD). Complaints can also be made online Service Request Step  · NYC311
  • Tenants can report issues and request inspections to NYCHA Leased Housing by calling the Customer Care Center (CCC) at 718-707-7771.
  • Tenants will continue to have a Residents Association and the right to organize.
  • Tenants can still contact their Elected Officials for assistance.

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Relocation due to Renovation (PACT- Project Based Section 8)

  • Renovations at PACT developments are expected to be completed while the tenant(s) remains in place. Tenants may be relocated due to renovations that may affect their health and safety. (Mold, lead-based paint, asbestos)
  • In some PACT development, tenants may be relocated until full renovation of their unit is complete.
  • PACT converted sites have a relocation team, that will assist tenants with relocation from their permanent unit to a temporary unit.
  • Assistance provided by the team consist of taking invetory of the tenant's items, packing and moving, storage, disconnecting and/or reconnecting utilities, and more.
  • Cost will be covered by the new management company
  • Temporary move agreements will be provided, and tenants have the right to return to their original units once renovation is complete.

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Legal Action & Resources

  • Warrant of Habitability: Implied tenant right to a safe, livable, and sanitary apartment. This is implied in every written or oral lease and applies to the rented apartment/room and to public arears of the building.
  • In both NYCHA Public Housing and PACT developments, tenants have the right to take legal action if management fails to respond to and resolve necessary repair and maintenance issues and/or provide essential services such as heat and hot water.
  • Tenants can file a HP Action Petition in Housing Court. This legal action compels the landlord to make repairs and correct building violations. HP Actions also address harassment.
  • The Legal Aid Society provides information on What You Need to Know About HP Actions for Repairs and Harassment
  • Justfix.org is a great resource for tenants. They provide tools that assist tenants in asserting their housing rights such as the letter of complaint tool. Tenants can use the tool to send a customized letter to their landlord requesting repairs. https://www.justfix.org/en/tools/

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Best Tips for Clients

  • Document EVERYTHING!!!- Take photos/videos, document work order numbers, correspondence, dates/times of calls or visits, names of NYCHA staff, and maintain a written log of the issues and follow-up efforts
  • Submit work orders promptly
  • Follow up regularly
  • Seek help in escalating issues by contacting the Borough Offices, the Compliance Unit, Ombusdperson Call Center (OCC), Resident Association President, Elected Officials (City Council member, State Assembly member, or Congressperson)
  • Do not fear retaliation, tenants have the right to a safe and livable home
  • If all fails, TAKE LEGAL ACTION!!!!

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Questions?????