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Old 06-01-2017, 07:37 AM
 
Location: Bergen County, NJ
9,847 posts, read 25,154,837 times
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Pretty sure they can't legally evict someone for hoarding although it is a hygiene issue and a possible fire hazard. Hoarding is a mental health problem so that simply needs to be the tenants defense.
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Old 06-01-2017, 09:42 AM
 
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they cant evict you for stale rent. even if it were recent, it is not a reason to evict. the OP should self educate on the hpd website. do not feel guilty or strange in any way dealing with the landlord. you pay rent, and will never get it back, the least you can do is keep that apartment going. Wait for that buyout, if they really want it, hold off as long as you can.
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Old 06-01-2017, 01:10 PM
 
31,588 posts, read 26,419,637 times
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Quote:
Originally Posted by NooYowkur81 View Post
Pretty sure they can't legally evict someone for hoarding although it is a hygiene issue and a possible fire hazard. Hoarding is a mental health problem so that simply needs to be the tenants defense.

Sorry, but that is incorrect.


Read the terms of any lease RS or not and or the laws regarding rental apartments and there are references to creating unhealthy, unsafe, and or unsanitary conditions.


Again a LL can bring a holdover proceeding, but it will be for the courts to determine outcome.
Tenant, 94, avoids eviction from NYC home as landlord stands down - NY Daily News




Hoarding has become a huge issue in NYC with recent fires and deaths (including of FDNY) brought about by such conditions inside an apartment.


Having all that stuff in an apartment not only attracts and or creates environments favorable to vermin, it is simply not safe for a tenant and or anyone who has to enter that apartment. Especially FDNY or other first responders. I've even known visiting nurses and other healthcare workers refuse assignments to hoarder's apartments. That and or the report conditions and the tenant is either moved to a healthcare facility and or the place is cleaned up.


https://www.nytimes.com/video/nyregi...lears-out.html


Manhattan hoarder told to clear out apartment or get out | New York Post


https://www.usnews.com/news/us/artic...s-and-the-mind


https://ny.curbed.com/2011/1/18/1048...of-complaining


As for the FDNY they aren't taking any more chances. After losing one of their own to a nasty hoarder problem, they now chuck the stuff out of windows or whatever to ensure things are clear/safe, but also to deprive the fire of fuel.
Upper West Side Apartment Fire Linked To Hoarding Conditions « CBS New York


Video: Firefighters Toss 'Never-Ending Stuff' Out Windows Of UWS 'Hoarders' Apartment: Gothamist


Hoarding Complicates Fire Rescue of 89-Year-Old Man in Bronx Apartment: FDNY | NBC New York


This great guy, a husband and family man might still be with us if it weren't for some stupid and selfish hoarder: High-rise fire that killed firefighter caused by pinched cord - NY Daily News


Sorry for all the links but just hate when people give out incorrect information. If you are hoarding and your LL is made aware of conditions, it is near certain something is going to happen. Maybe at first tenant will be sent notices to rectify situation, but if things do not change a holdover proceeding is not out of the question and or sure to follow. Am sorry to also say this but if the tenant is in a RC or RS apartment paying below to well market rent, then it is almost a "heck yeah" certainty action will be taken.
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Old 06-02-2017, 06:04 AM
 
Location: Bergen County, NJ
9,847 posts, read 25,154,837 times
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That may be the law as it's written but I'm talking about how it is applied and interpreted in court. If that were the case there'd be way more evictions.

https://mobile.nytimes.com/2015/08/0...e-hoarder.html
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Old 06-02-2017, 12:30 PM
 
Location: Brooklyn
575 posts, read 667,699 times
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Quote:
Originally Posted by BugsyPal View Post
Sorry, but that is incorrect.


Read the terms of any lease RS or not and or the laws regarding rental apartments and there are references to creating unhealthy, unsafe, and or unsanitary conditions.
Not sure if this is relevant to you comment Bugsy, but OP stated the tenant is RC, not RS.
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Old 06-02-2017, 05:04 PM
 
31,588 posts, read 26,419,637 times
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Quote:
Originally Posted by TotalKaos View Post
Not sure if this is relevant to you comment Bugsy, but OP stated the tenant is RC, not RS.


Doesn't matter, statutory law regarding rental housing are the same in this matter, regardless of what sort of lease/apartment. Tenants cannot create unsafe, unsanitary and so forth conditions.


RC tenants do not have "leases" but still can be evicted for violating terms such as not paying rent, chronically paying late, and various other holdover offenses.
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Old 06-02-2017, 05:13 PM
 
31,588 posts, read 26,419,637 times
Reputation: 24418
Quote:
Originally Posted by NooYowkur81 View Post
That may be the law as it's written but I'm talking about how it is applied and interpreted in court. If that were the case there'd be way more evictions.

https://mobile.nytimes.com/2015/08/0...e-hoarder.html

You are obviously selectively reading my posts to pick out what suits your purposes.


I said a holdover action could be brought for "hoarding" but the court will direct tenant to "cure" the offense. That is stop hoarding, clean out the apartment and not start things up again.


Yes, we all know NYC housing court is pro-tenant, but at some point enough will be enough. Especially after several fires recently in hoarding conditions one of which cost a FDNY his life.


Most LL's, co-op or condo boards don't like bringing legal action for hoarding, but if forced to do so they will if nothing else to protect their own behinds. If an action is brought and court sides with tenant or whatever, and something later goes down, property owner can (rightfully) say they tried and it is on the city.


In most instances property owner will lean on tenant or family (in case of elderly) to clean that stuff up or face legal action. Usually that is enough to get the ball rolling.
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Old 06-03-2017, 06:48 PM
 
15,457 posts, read 15,429,065 times
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And I'll say "you," even though you tell us it's not you.

I don't know how you can not be "informed" of missing a payment, when you see the late penalty showing up o your bill. Similarly, I don't know, if you had a deal to waive fees, and they ignored it, why you didn't follow up in writing.

Yes, you can be evicted, but since it's so many years since the billing issue, I doubt they're related. I doubt you're actually in "rent control," but it's possible that the LL hopes to get you out. The city provides a couple of resources for dealing with clutter (ask 311 or your council person), and you can try the free Monday night clinic at the Bar Association on 44th Street for some quick legal input.
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Old 07-16-2017, 08:35 PM
 
Location: Bronx, NY
76 posts, read 342,830 times
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Quote:
Originally Posted by Cida View Post
And I'll say "you," even though you tell us it's not you.

I don't know how you can not be "informed" of missing a payment, when you see the late penalty showing up o your bill. Similarly, I don't know, if you had a deal to waive fees, and they ignored it, why you didn't follow up in writing.

Yes, you can be evicted, but since it's so many years since the billing issue, I doubt they're related. I doubt you're actually in "rent control," but it's possible that the LL hopes to get you out. The city provides a couple of resources for dealing with clutter (ask 311 or your council person), and you can try the free Monday night clinic at the Bar Association on 44th Street for some quick legal input.
Lol, it's not me. I'm not 100% sure is rent control but a 3 bedroom apartment for a little over $1000 in that area seems way below market value

He was told to just clean it up. Now they're after "Lawyer fees". Not even going after the late fees anymore.

That scare tactic was horrible, should be illegal too.
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Old 07-16-2017, 08:56 PM
 
31,588 posts, read 26,419,637 times
Reputation: 24418
Quote:
Originally Posted by eljean View Post
Lol, it's not me. I'm not 100% sure is rent control but a 3 bedroom apartment for a little over $1000 in that area seems way below market value

He was told to just clean it up. Now they're after "Lawyer fees". Not even going after the late fees anymore.

That scare tactic was horrible, should be illegal too.

As have said; "hoarding" is curable. Few if any housing court judges will grant an eviction on original petition for such a thing; what they will do is order tenant to clean the place up or else. This can mean the tenant, family, city agency or someone has to get the job done or LL can return to court. If the process is not done and the LL goes back to HC then yes, there is a good chance tenant will be evicted.


On my block a few elderly residents were faced with being called "hoarders". In all instances family was reached out to, and arrived (in some cases from out of area) and began to clean the apartment out, often over the objections of the elderly tenant.


It took several days to clear one woman's place, and they brought out boxes, and boxes of stuff going back to the 1940's or before. The Latino-Hispanic and other dumpster divers who go through UES garbage had a field day.
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