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Old 11-04-2011, 12:07 PM
 
2 posts, read 1,893 times
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Default Can a tenant who has Section 8 sue the City of NY?

A friend of mine who is the owner of the house is having issues evicting a tenant. He went to court did all the premilinary proceedings and did everything that was necessary. The tenant didn't pay her portion of the rent. She was awarded a grant from the city to help pay her back pay rent now she isn't paying any rent and is refusing to leave the apartment. She has somehow managed to get a court date with the supreme court where she is going to sue the city of new york and try to not to get evicted. The tenant is horrible makes so much noise. How in the world was she able to obtain a court case with the Supreme Court?
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Old 11-04-2011, 12:44 PM
 
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The.....Supreme Court?!
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Old 11-04-2011, 12:45 PM
 
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Quote:
Originally Posted by NewYorker2011 View Post
A friend of mine who is the owner of the house is having issues evicting a tenant. He went to court did all the premilinary proceedings and did everything that was necessary. The tenant didn't pay her portion of the rent. She was awarded a grant from the city to help pay her back pay rent now she isn't paying any rent and is refusing to leave the apartment. She has somehow managed to get a court date with the supreme court where she is going to sue the city of new york and try to not to get evicted. The tenant is horrible makes so much noise. How in the world was she able to obtain a court case with the Supreme Court?
First, note that the action is probably before the New York STATE Supreme Court -- the LOWEST trial court in the state (NOT THE U.S. Supreme Court). It doesn't take much to FILE a lawsuit. Whether it survives summary judgement is a different story. All you really need to do is show standing and jurisdiction -- meaning that the plaintiff need only show sufficient connection to the and harm from the actions of the city, in order for a judge to hear arguments. Unfortunately your friend probably needs a good lawyer at this point. Given that he/she would be directly impacted by any findings in this lawsuit, they would probably want to file notice as an interested party and submit briefings in support of the city. It's very difficult to win a lawsuit against the city when dealing with the way they administratively carry out their duties. In cases like this, the attorney is probably just looking for an easy way to buy the tenant additional time. His next step will likely be to file a motion in housing court to stay any eviction proceedings pending the outcome of the matter before the supreme court.
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Old 11-04-2011, 01:49 PM
 
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Lesson learned here: Don't take government subsidized tenants. The idea that the government is paying most of their rent and these tenants won't/can't even pay their measly portion is ridiculous. But that's what happens....stop renting to them and you won't have this problem.
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Old 11-04-2011, 01:56 PM
 
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Originally Posted by SobroGuy View Post
Lesson learned here: Don't take government subsidized tenants. The idea that the government is paying most of their rent and these tenants won't/can't even pay their measly portion is ridiculous. But that's what happens....stop renting to them and you won't have this problem.
Actually in certain areas (i.e. properties that can't attract tenants with strong financials), some landlords actually PREFER section 8 tenants. Rent is received on time and in a reliable fashion.
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Old 11-04-2011, 02:13 PM
 
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The Landlords that typically prefer section 8 tenants are those who do not live onsite, so don't care anything about the building or neighborhood, so they take anyone who shows up with a rent voucher or cash. They just want the money, the person inhabiting the building doesn't matter to them...which is why so many neighborhoods sunk.

Absentee landlords + government subsidized tenants = bad neighborhoods
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Old 11-04-2011, 03:16 PM
 
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Quote:
Originally Posted by SobroGuy View Post
The Landlords that typically prefer section 8 tenants are those who do not live onsite, so don't care anything about the building or neighborhood, so they take anyone who shows up with a rent voucher or cash. They just want the money, the person inhabiting the building doesn't matter to them...which is why so many neighborhoods sunk.

Absentee landlords + government subsidized tenants = bad neighborhoods
You're making a very silly generalization and really don't understand the true dynamics of the business. For example, I have family who owns a very well maintained and cared for building in Bushwick (read: the yet to be gentrified part of Bushwick). The property has been in the family since the 60s, and they've seen the area go from working/middle class, to projects and slums. They could redo every single unit with state of the art appliances, granite counters, etc. but there is no way that they could garner the rental income needed to make such an investment worthwhile. As a matter of fact, the building can't even attract near-market rate tenants because the area is so awful. They've tried to rent to students (unreliable and they trash the apartments), to doctors and nurses at the nearby hospital (they are good tenants, but don't stay very long), etc., but eventually found themselves with a building full of degenerates who don't pay rent. The section 8 tenants have been a godsend -- providing predictable income, and believe it or not, a lot of them realize and appreciate how lucky they are to get the assistance. Sure they have some problems (heavy marijuana use in the buildings is a biggie), but they are quiet, and always have their rent paid.
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Old 11-04-2011, 04:03 PM
 
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Gee. Bring back victorfox to answer this type of questions. LOL
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Old 11-05-2011, 05:55 AM
 
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Quote:
Originally Posted by PullingHairs View Post
You're making a very silly generalization and really don't understand the true dynamics of the business. For example, I have family who owns a very well maintained and cared for building in Bushwick (read: the yet to be gentrified part of Bushwick). The property has been in the family since the 60s, and they've seen the area go from working/middle class, to projects and slums. They could redo every single unit with state of the art appliances, granite counters, etc. but there is no way that they could garner the rental income needed to make such an investment worthwhile. As a matter of fact, the building can't even attract near-market rate tenants because the area is so awful. They've tried to rent to students (unreliable and they trash the apartments), to doctors and nurses at the nearby hospital (they are good tenants, but don't stay very long), etc., but eventually found themselves with a building full of degenerates who don't pay rent. The section 8 tenants have been a godsend -- providing predictable income, and believe it or not, a lot of them realize and appreciate how lucky they are to get the assistance. Sure they have some problems (heavy marijuana use in the buildings is a biggie), but they are quiet, and always have their rent paid.
The story you have of section 8 tenants is a lot different then what I hear from people who had in the past rented to section 8. I have been told it is very rare for section 8 tenants to pay their portion of the rent.
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Old 11-05-2011, 07:02 AM
Status: "READY FOR WINTER?" (set 18 days ago)
 
Location: Manhattan
11,051 posts, read 10,322,041 times
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Quote:
As a matter of fact, the building can't even attract near-market rate tenants because the area is so awful.
A quibble: a building can ALWAYS attract market rate tenants...that is the definition of market rate, the rent that people will pay. People will shy away from any building priced ABOVE the market, i.e., more than it is worth.
If an apartment cannot be filled at $500 and the rent is lowered to $300 and it rents, then $300 is the market (even if the landlord would PREFER it to be $500.) If the area is so catastrophic that it takes a $100 rent to get tenants then $100 is the market rent.
But there is ALWAYS a market rent and it will ALWAYS get tenants.


I only bring this up becasue it ties in so well with sellers in this down market for much of the country. We constantly hear that nobody will pay what the house is WORTH when really if the house was priced at what it INDEED was worth it would sell. EVERYTHING will sell or rent at the right price, the MARKET PRICE.


NewYorker,
What proportion of the rent due your friend is still being paid by the government under Section 8? What argument does your friend's tenant make for the aviodance of paying her share of the rent?
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