Resources > Housing

Home Buying (Migyul Magazine, Vol.2, May 2004)
Contributed by Chhaya CDC

In our first earlier issue we had mentioned about the benefits and disadvantages of buying a house. This issue will discuss homeownership in greater detail and offer some tips to first time homebuyers on things that they need to look out for.

Home buying is a responsibility and you need to understand the pros and cons of homeownership before you take on this journey of owning a property. There are monthly payments that need to be made over a period of time (15 or 30 years) regularly. Added to this are the responsibilities of maintenance, repairs and so on.

Types of homes

It is important to understand the types of homes that are available in New York and to analyze which one best suits your needs. Home ownership can be in the form of:

  1. Apartments
  2. Houses

Apartments are mainly of two kinds:

  1. Co-op
  2. Condo

In a co-op, one buys shares in a corporation and gets a proprietary lease for an apartment. The size of the apartment is directly proportional to the number of shares owned. There are monthly maintenance charges and the apartment is subject to rules and regulations of the co-op who can lay down rules on occupancy, subletting and repairs.

A condo apartment can be owned. Apartments do not have the kind of restrictions that co-ops have as to occupancy, subletting, resale and so on. There are monthly maintenance charges for the maintenance of common areas of the building but these are much lower than that of a co-op.

There are many types of houses that one could buy. These range from:

  1. One-family homes
  2. Two to five-family homes
  3. Six and more unit dwelling houses.

Six- (or more) unit apartment buildings are subject to rental stabilization. Some things that you need to do before you buy a house:

1. Get a pre-approval letter from the bank for a loan

When you begin to look for a house, we advise you to start looking for a way to finance the home of your dreams. Start applying for loans from banks. Get a pre-approval from a bank for home loans. The pre-approval letter will show your real estate agents and home sellers that you are serious. It also assists you in making a decision regarding the house based on the your finances
and the money that a bank can or will lend you.

2. Check your credit history

Check your credit history – obtain your credit report from a credit-counseling agency. Credit scores range up to 850 and anything above 700 is a good score. In cases where you do not have adequate credit history, you should build a record of alternate creditwhere you maintain a record of all monthly payments such as telephone bills, rent and other monthly bills, which you show that you pay on time over a period of time.

3. Assess your needs and the type of home you want to buy and the neighborhood you want to live in

Assess your needs — when you decide on a house, look around the neighborhood and see whether it satisfies what you want from the neighborhood. In our community, children’s education and safety is key so check to see if you are satisfied with the public schools in the vicinity or if it is a safe neighborhood to bring up your children. Check the distance from the house to the subways and grocery stores.

4. Do an affordability analysis

Everyone has a dream house but that dream house may not be within the reach of your pockets. When you go out to buy your home check to see if you can actually afford it over a period of time. The monthly costs for housing (which would include mortgage, taxes, maintenance and so on) should not exceed 33% of your gross monthly income. In some cases where home buyers buy a multi family house, the rents from the other units (70% of the rent) is deducted from the monthly mortgage and the amount should not then exceed 33%.

5. Home-buyer beware — shop around for loans

In all home-buying processes, the burden falls on the buyer. So the buyer needs to be very careful when undertaking any transactions. Whether it is a document that you sign with the broker, agent or the homeowner — be aware of all the implications of the documents that you sign. In cases where you do not understand it take your time — ask someone who you think is trustworthy and reliable. In the real estate business you are there to look out for yourself. The real estate agent represents the seller and the seller’s interest and the mortgage broker wants the mortgage commission. Do not go to a ONE STOP SHOP where there is a real estate agent, mortgage broker and a lawyer all under one roof. Try to get a separate lawyer, broker and real estate agent.

6. Home buying counseling

There are many non-profits that offer free home buying counseling for first-time homeowners. For us, the first place that we should be going is to Chhaya CDC (a South Asian housing Community Development Corporation). Chhaya CDC offers free counseling and referral services.

Chhaya's mission is to address and advocate for the housing and community development needs of South Asian American communities in New York City regardless of class, caste, country of origin, or religious affiliation. Further, Chhaya seeks to leverage existing resources by learning and working with other organizations to establish equal access to systems of support and to promote civic participation. Broadly, Chhaya also seeks to collaborate with other ethnic and minority populations to further better understanding among these communities.
Chhaya CDC

You can call Chhaya at 347-438-0056 for free counseling

When you have decided on the property that you want to buy...check the property.

  1. Do a detailed home inspection

    A home inspection is vital to understand the present condition of the building. Make sure that when you negotiate on the final price that you add a contingency of home inspection. Get a licensed and approved home inspector on your own. Ask the inspector to do a thorough structural and detailed home inspection which should include the conditions of the boilers, electrical, paints analysis (lead paint), condition of windows and so on.
  2. Get an independent home appraisal

    While the bank that gives you the loan will do an appraisal in order to protect its investment. You should do the same. Get an appraisal of the house to ascertain that the value that you are paying is the actual value.
  3. Check for violations and ask for various documents

    You should check to see that the house that you are buying is free of violations. Some one-family homes are marketed as two family or two as three family homes by converting the basement and cellars into illegal apartments. Do not be fooled by this. Check and ask for documents that show the number of units in the certificate of occupancy of the home. Illegally-converted apartments should be removed or regularized and this process costs a lot of money. Be prepared for this.
Domestic Workers’ Bill of Rights

Whether you are documented or not, you are protected by most federal and state
labor laws.

You are entitled to:

A minimum wage of $5.15 an hour (various states have various minimum wage requirements — in New York it is $5.15 though there is a campaign to push for the minimum wage to be raised to $7.10. Connecticut — the minimum wage is $7.10 and in Massachusetts it is $6.75 )

Payment for all the hours you worked

Payment of wages in US dollars once a week

Over-time pay of 1 and a 1/2 times your regular hourly wage for every extra hour you work over 40 hours in a week if you live out and 1-1/2 times your hourly wage for every extra hour you work in a week if you live in

One hour additional pay at the minimum wage for any day in which you work more than 10 hours or there is a split shift.

Benefits

If you work more than 40 hours a week for the same employer, you have the right to Workers’ Compensation which pays for your medical bills and lost wages if you get injured on the job and miss work.

If you are documented and have earned at least $2,400 in the previous year at an
average of $123 per week, then you may be eligible for Unemployment Insurance if
you leave your job for a good cause or are fired.

Abuse and Harassment

It is illegal for your employer to:

  • Beat or hurt you in any way
  • Force you to have physical or sexual contact
  • Demand sex from you

Employer’s Threat to Report You to BCIS

  • It is illegal for your employer to threaten to report you to the BCIS if you ask about your labor rights. You can contact various community resources
    – such as Andolan – 718-390-7264 and Workers Awaaz 718-707-
    9432.

False Promises of a Green Card

  • Your employer may offer to take care of your immigration matters. Do not
    take your employer’s word for it. Consult an immigration attorney on your
    own.
  • Often employers’ say that they will sponsor you for a green card, it can
    take as long as 15 years to obtain a green card as a domestic worker. If
    you leave your employer while you are waiting, you will have to begin the
    procedure again.

Other Rights

  • Your employer does not have the right to withhold your earnings for more
    than 7 days after the end of the pay period.
  • Whether you are documented or not, you have a right to be free of abusive behavior, including unwanted physical or sexual contact.

Some Government Resources

For Basic Wages/ Hour please check
US Dept. of Labor/ Wage and Hour Division
26 Federal Plaza, Suite 3700
New York, NY
Tel 212-264-8185

Workers Compensation

Workers Compensation insurance provides cash benefits and /or medical care
for workers who are injured or become ill as a direct result of the job.

The Brooklyn serves most of NYC.
Brooklyn District Office
180 Livingston Street
Brooklyn, New York 11248
Tel 718- 802-6600