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Old 03-18-2019, 01:51 PM
 
Location: Central NY
5,947 posts, read 5,113,548 times
Reputation: 16882

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Missed the management meeting today because I had a doctor's appointment. When I got home there were a few of the residents discussing it in the hallway.

Our most recent clerical and maintenance people were fired last week for not doing their jobs. I've lived here since late September 2011 and I could not tell you how many people doing those jobs have come and gone, either being fired or quitting. The clerical people have all seen our financial situations (part of their job) and I wonder if any have copied this info to use to their advantage.

So, during this meeting that I missed, mgmt told the residents that if they have to increase the pay for these people in the hopes they will get better work from them, everyone's rent will go up.

Is that legal? These are the same people that made me wait 6.5 years for a properly functioning toilet. Nothing got done until I call the board of health. So I'm not trusting these people to know what they can do vs what they cannot do.

Thanks for your help.
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Old 03-18-2019, 03:56 PM
 
Location: on the wind
23,297 posts, read 18,837,889 times
Reputation: 75297
Sounds like you need to read your management bylaws and your residential agreement to determine what management has the authority to do or not do. How would anyone here know this?
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Old 03-18-2019, 05:16 PM
 
Location: Central NY
5,947 posts, read 5,113,548 times
Reputation: 16882
Quote:
Originally Posted by Parnassia View Post
Sounds like you need to read your management bylaws and your residential agreement to determine what management has the authority to do or not do. How would anyone here know this?



There is a possibility someone who posts and reads here might have this type of information (legal background). That is why I posted it here.

Sorry if it bothered you.
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Old 03-18-2019, 05:56 PM
 
Location: near bears but at least no snakes
26,654 posts, read 28,682,916 times
Reputation: 50525
I think you should call your state representative. If it's government funded, they are the ones who would probably know what the law is or at least point you in the right direction.
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Old 03-18-2019, 06:45 PM
 
Location: Central NY
5,947 posts, read 5,113,548 times
Reputation: 16882
Quote:
Originally Posted by in_newengland View Post
I think you should call your state representative. If it's government funded, they are the ones who would probably know what the law is or at least point you in the right direction.



Thank you, in-newengland. I will do that tomorrow.
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Old 03-19-2019, 03:36 PM
 
Location: Ohio
24,621 posts, read 19,165,825 times
Reputation: 21738
Quote:
Originally Posted by NYgal1542 View Post
So, during this meeting that I missed, mgmt told the residents that if they have to increase the pay for these people in the hopes they will get better work from them, everyone's rent will go up.

Is that legal?
No, and it's just an empty threat by management.

The calculation of your rent is not based on any salaries or wages paid to anyone.

Your rent is based entirely on the highest amount of the following:

30% of your monthly adjusted income (meaning your monthly income less utility deduction); or
10% of your monthly income; or
Welfare rent (if your State is part of that program); or
Minimum rent set by the Public Housing Agency, which will be $0-$50/month

I'm guessing you're not governed by a PHA or live in a State that uses welfare rent, and that you live alone, but even if you did, you'd still probably fall into the first to calculations.

If that's true, then take your monthly rent, and we'll call it $1,300/month and take 10% of that.

That's $130.

Now, take $1,300 and if you're 62 or older, or disabled, then subtract $400, which gives you $900 then subtract your utility allowance. You'll have to call HUD to find out, because the utility allowance varies city-to-city, but we'll call it $50 and that makes $850.

30% of $850 is $255.

Since $255 is greater than $130, you're rent is $255/month. Tax-payers pay the difference between the rent and what you pay.

If you have out-of-pocket medical expenses that are greater than 3% of your gross annual income, you can deduct that as well, or at least a portion of it.


If that ended up making your rent $115/month, then because $130 is greater, you'd pay $130/month.


You should encourage the residents who were at the meeting to file a complaint with HUD. With any luck, the property management company will be fired and replaced with a new one, and maybe there won't be such a large turn-over rate.
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Old 03-19-2019, 03:45 PM
 
Location: Central NY
5,947 posts, read 5,113,548 times
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Mircea: Thank you so much for your response. I have so many issues with this place it just makes me crazy sometimes. The people who built and own this place have many apartments like this. I don't know what happens at the other places. And not sure if there is anyone in the HUD situation who would step up to the plate. I just wrote a note to my assemblyman explaining the problem and asking for help, either from him or someone he might refer me to.

I am paying more rent that I should be ($60/month) but trying to get that situation fixed is another thing. I need to write another letter. I've been here since Sept. 2011. I asked about paying for all that time I overpaid and was told by someone I don't think really knows, that would not happen.

I need to start making a list of all the things they have either done or failed to do and get some action on all of it.

I can't believe all the low-income apartments owned and operated by different people have these same problems.
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Old 03-21-2019, 07:22 PM
 
Location: Ohio
24,621 posts, read 19,165,825 times
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Quote:
Originally Posted by NYgal1542 View Post
Mircea: Thank you so much for your response.
A few years ago while going to college, one of my part-time jobs was data entry for a property management company that managed several HUD properties. They would do the paperwork, and I would come in on weekends and enter it into the computer.

I teach guitar to a disabled vet who lives in a HUD property that used to be an old hospital. He lives in a neighborhood that is being revitalized by tearing down vacant buildings and putting a park between the two one-way streets there, and he's deathly afraid that will increase the property value and he'll pay more in rent.

He's right that it will increase property values, but he's wrong to think his rent will change.

HUD regulations have a formula that allows HUD landlords to charge the maximum amount allowable.

The sad thing is one-bedrooms in his neighborhood rent for $350-$450/month, but HUD regulations allow the landlord to charge $756/month for his apartment.

So, tax-payers are getting screwed.

He pays $261/month.

If the HUD rent drops to $500/month, he still pays $261/month.

If HUD rent goes to $1,000/month, he still pays $261/month.

Your rent is based solely on your income plus adjustments, and has nothing to do with the actual rental price.

Every year, you should have to go to the office to re-certify, with you verifying your income, providing utility bills for the utility deduction, and out-of-pocket medical expenses if they exceed 3% of your annual gross income.

Your paperwork should state the actual HUD allowable rental price, and your calculated HUD rent payments.

To understand the process, a group of investors will form a partnership or limited liability company or S-Corp and buy a property, or build units, or convert an existing apartment complex into a HUD property.

The investors probably don't live in your State. They may not even live in the US. The point is, they have no desire to manage the day-to-day affairs of the property, so they hire a property management company to do that.

The investors will publish bid specifications in the local newspapers, or mail out bids directly to property management companies or telephone shop.

The property management companies will factor in the wages and benefits of the officer workers, the maintenance people and the house-cleaning people, plus their profit margin, and that's what they charge the investors.

Naturally, to maximize their profits, the investors are going to accept the lowest-bidder.

If wages are an issue, that's the property management's problem, not your problem and not the investor's problem.

We can dumb this down to the property management company pays the lowest wages possible to maximize their profits.

The investors provide a maintenance budget for the property management company, and that's what the property management company has to work with.

If things are being fixed, it's because the maintenance budget is too low, and probably the only things that ever get repaired are those things that would ding them on a HUD inspection, which should be taking place annually.

HUD inspections are published on-line, so you can see the HUD score for your building, plus other HUD properties in your area.

If you leave the property, one thing you should know, because I'm relatively certain the office managers will threaten you over this, and that is HUD regulations relating to flooring.

HUD regulations require pile or plush carpet to be replaced every 5 years, and indoor-outdoor carpeting every 7 years.

If you've been there 7 years and they try to withhold your security deposit due to "damage" to the carpet, tell them to stuff it where the Sun don't shine.

As a tenant, you have the right to have your carpet replaced every 7 years, but that's problematic, because you have to remove your furniture and things on your own time and expense to that they can install new carpet.

Tiling and linoleum is every 5 years. If your kitchen or bathroom flooring is defective, you can demand they replace it. It's on you to move everything, but would that be? Maybe a trash can and microwave stand in the kitchen, and for the bathroom, what, maybe a waste can and some throw rugs. No big deal.

Quote:
Originally Posted by NYgal1542 View Post
I have so many issues with this place it just makes me crazy sometimes. The people who built and own this place have many apartments like this. I don't know what happens at the other places. And not sure if there is anyone in the HUD situation who would step up to the plate. I just wrote a note to my assemblyman explaining the problem and asking for help, either from him or someone he might refer me to.
One thing you can do is look at HUD inspection scores for other properties on-line.

Quote:
Originally Posted by NYgal1542 View Post
I am paying more rent that I should be ($60/month) but trying to get that situation fixed is another thing. I need to write another letter. I've been here since Sept. 2011. I asked about paying for all that time I overpaid and was told by someone I don't think really knows, that would not happen.
I don't know much about that.

I do know HUD characterizes problems as either errors or misrepresentations.

If you made a misrepresentation then you're responsible for it. If you made an error because you didn't understand something and submitted the wrong documents or didn't submit documents to your benefit, you're off the hook, but I have no idea how that works.

I'm not sure who could explain that to you in greater detail. Your assembly might know, or you could contact the federal representative for your House district and maybe one of their staff members knows how to go about getting in touch with the right people or filing the necessary forms.
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Old 03-22-2019, 10:17 AM
 
18,725 posts, read 33,390,141 times
Reputation: 37301
^^^
Wow, you really know your stuff. Sure hope this helps NYgal and that home becomes a better place for it.
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Old 03-22-2019, 03:49 PM
 
Location: Redwood City, CA
15,250 posts, read 12,964,014 times
Reputation: 54051
Pretty impressive body of knowledge, there.
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