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We we could use a good Accountant,Architect and Insurance expert too. C |
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New York State Division of Human Rights (broken link) Keep in mind that many local governments (including NYC, Nassau County, and Suffolk County) have anti-discrimation laws that are stronger (or include more protected classes) then NYS. |
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Hi Gisel -
Sounds like you have some trouble from your landlord. On the other hand, there are two sides to every story... If you have 5 kids plus yourself, this means that you need to be renting a place with 3 bedrooms - not a living room masquerading as a bedroom, not a bathroom posing as a bedroom, etc. Two people to a legitimate bedroom. That's the law. You haven't said if you're renting 3 bedrooms or not. It's too bad you're having $ problems, but that in itself is not any landlord's responsibility. Landlords have bills too - real estate taxes, repairs for things that break from wear and tear, and usually landlords get stuck with the bills from tenants breaking things except the tenants usually won't own up to it. So the rent you're paying is designed to actually pay the bills for the dwelling you're living in. If no rent comes in to the landlord, where is the money going to come from to pay the real estate taxes, for instance? Do you think your landlord is going to be happy providing free housing for you and your family? Probably not. If you don't pay your rent your landlord is out of business and then you have no home. Since your landlord "tricked" you into renting the property (assuming what you have to say is 100% accurate) and is bringing in more people for you to contend with, you could create a legal dispute over that, but it would probably drag out in court for a long time. And cost lots of $. Making the lawyers rich. Yes, you'd get the satisfaction of probably winning the case, but you're still stuck in a situation you don't like at all. If your lease ends in December, move. Get out. Find a better spot. You have 3 months to look around and find something better. The next lease you sign, make sure you read every word. And make changes if necessary - doesn't mean your landlord will give you everything you want, but you can ask. It is illegal for landlords to turn you down as a tenant because you have 5 kids. That would be pure discrimination. That being said, it is legal for a landlord to turn you down for business reasons. Landlords look at kids as damage machines. I've read that kids cause more damage to a house than pets. Damage done to the dwelling can result in safety hazards that need to be repaired immediately, and damage can make the place a mess requiring expensive painting, new woodwork, repairs, etc. Kids can cause thousands of dollars in damage very quickly if they're not well-behaved kids, or not supervised well 24/7. So, even though some people look at landlords as sleazy horrible bloodsuckers, those same landlords are looking at potential tenants and trying to figure out if they're scammers, potential lawsuits waiting to happen, trouble, etc. Two sides to every story. |
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BTW, I think you can use the roach problem for withholding the rent until your landlord actually gets rid of the roaches completely. Or you could call the health department in Hempstead and get them on her back about the bugs very quickly. They would force her to take action. This is assuming you will be moving in December. I wouldn't want to have to deal with a landlord who's been reported to the Department of Health.
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As a landlord, my most recent tenant did the following damage ; wrecked the carpets as she had animals that was against the lease, broke at least 4 windows, left me a flea infested non inhabitable house ; a month later, 2 exterminating trips, two bombings, three outside sprayings later, we still have fleas. Broke the stove, dishwasher, didnt run dehumidifiers in the basement so now we have mold, took all the wiring for the alarm system, cracked most of the kitchen floor tiles and didnt pay her last months rent.
In the two years that she lived there, she replaced all the carpets, replaced all the inside doors, replaced the storm doors, But yet she is sueing me in small claims court for the return of her security deposit ; all of one months rent!!! Her damage so far is about $16,000. Her children and herself did all that damage. Good luck. I am done with renting. I had left her live in a home that was in good condition, had no broken windows, was clean, freshly painted, never bothered her. There were no fleas, no insects at all. She moved into it without having to clean it. d |
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Calling Judge Judy ..........
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I don't always get a chance to come on, but if you have any questions that arise in a thread you can email me at catlaw1@yahoo.com or visit our website at New York Criminal Defense Attorney | Bronx NY, Brooklyn, Queens, Nassau County, Suffolk County I also answer questions sometimes at Lawguru.com - Legal Questions, Answers and Research for Attorneys, Lawyers, Law, Legal Advice a great place to go if you need a little general legal advice. |
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The rent had fallen into arrears, the family member tried to help them by taking partial payments while the husband looked for work. Partial payments dwinded to no payments and the time came to go to court. The damage to the house was so overwhelming that the family member (an older person) had to walk away from the house forever. The crime was that the house was the house in which they spent summers growing up. We got the house cleaned up and sold it. To this day I have never owned a rental and will ever be involved in renting. |
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Thanks everyone for your support and as far as Joe L who thinks everyone that has so many children are from the wrong side of the tracks. I went to court and settled. First the lawyer said she did not have a leg to stand on because it was illegal. I dont see you thinking about the fraud that she posed to the hempstead town including the improper taxes including the school taxes. Anyway since I am a RN at the biggest hospital in Long Island I told them it would only take 45 days to move out. i could have reached for more but Joe L. I was able to move when I worked hard at my job. I did a couple of overtime at the job and wham! I had $6000 to move after taxes, so stop being quick if my situation is not ideal. Instead of building the city you tear it up, and yes I will calll the town inspectors and more. And Joe L. tell your grandfather to stop listening to the walls when his tenants move in but say a kind word, they probably was fighting because they heard him listening and she stopped her men from going over to him. God Bless all even you JOe L I pray for you. Thanks
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