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Disclaimer: All is true, but it is not happening to me, I want to help a friend but I'll be using first person dialogue.
I have been living in my rent controlled apartment in NYC since the 80's.
(Might be related)
In August 2010 I missed a rent payment and was never truly informed of it, but the late payment fees of $25 consistently incremented leaving me a hefty bill. Summer of 2016 the landlord decided to file suit for the missing payments. I agreed to pay for the one missed rent payment and MCI's if they waived the late fees (the Landlord's lawyers idea) and I did. Next thing you know, they're billing me for the late fees implying that there was never such a deal. I simply told them I was not going to pay them for that because we had a deal. The landlord filed suit again, but the lawyer never showed up to court so case was dismissed back in March.
Fast forward to April 2017. Some repairs needed to be done in the bathroom because supposedly there was a leakage. The superintendent made the repairs and took pictures of my home because supposedly he needed to know the layout of the apartment in comparison the my neighbor downstairs.
A week later, I receive a letter saying that I will get evicted in June because I have too many things in my home (which I do, I won't deny), but IT IS NOT typical hoarders garbage. I collect lots and lots of paintings, statues, mirrors and sound systems.
I feel harassed because they took too long to mention any missed payment (as if they orchestrated my eviction) and I feel as though because I pay substantially less than my neighbors they want to kick me out. I feel harassed because although I may have many things I do not bother anyone, I am an extremely clean individual (huge germaphobe), and possibly because I am a middle aged working Hispanic man living near Colombia University (area is undergoing a lot of gentrification). Also, in the lease it does not make any indication of eviction if hoarding.
I should add, I have two kids and a wife. I don't know what to do. Any relatively inexpensive lawyers you guys recommend that can help I'd appreciate.
Sounds like you are being harassed, BUT they are cracking down on hoarding. How they define hoarding is a whole other kettle of fish, but they can't just evict you. Even if you were a true hoarder, you would get a chance to clean up before they got anywhere near getting you out.
Eviction is a process through the court, and takes some time. They can refuse to renew your lease (unless you're in a protected class) but they can't really just announce you're evicted. Call 311 if nothing else and ask about your rights. They will be able to refer you to help.
Why did the person not question the $25 late fee immediately? Then the missing rent and late payment could have been taken care of in 2010. I don't understand why somebody would let these late fees accumulate for six years, and not contact the landlord about what they were for. But maybe I'm missing something. I can't address the hoarding issue, but eviction, as someone else helpfully said, is a very long process, especially for a rent regulated tenant. Contact the Metropolitan Council on Housing immediately for how to proceed. The picture taking is weird--I can understand the super taking a picture of the repair or the area that needed repair (I've experienced that), but the whole apt? I don't think so. It's as if the landlord sent the super on some kind of stealth mission to document a reason for eviction. Again, Met Council on Housing is your best bet. Good luck.
Last edited by Moving415; 05-24-2017 at 10:58 PM..
Disclaimer: All is true, but it is not happening to me, I want to help a friend but I'll be using first person dialogue.
I have been living in my rent controlled apartment in NYC since the 80's.
(Might be related)
In August 2010 I missed a rent payment and was never truly informed of it, but the late payment fees of $25 consistently incremented leaving me a hefty bill. Summer of 2016 the landlord decided to file suit for the missing payments. I agreed to pay for the one missed rent payment and MCI's if they waived the late fees (the Landlord's lawyers idea) and I did. Next thing you know, they're billing me for the late fees implying that there was never such a deal. I simply told them I was not going to pay them for that because we had a deal. The landlord filed suit again, but the lawyer never showed up to court so case was dismissed back in March.
Fast forward to April 2017. Some repairs needed to be done in the bathroom because supposedly there was a leakage. The superintendent made the repairs and took pictures of my home because supposedly he needed to know the layout of the apartment in comparison the my neighbor downstairs.
A week later, I receive a letter saying that I will get evicted in June because I have too many things in my home (which I do, I won't deny), but IT IS NOT typical hoarders garbage. I collect lots and lots of paintings, statues, mirrors and sound systems.
I feel harassed because they took too long to mention any missed payment (as if they orchestrated my eviction) and I feel as though because I pay substantially less than my neighbors they want to kick me out. I feel harassed because although I may have many things I do not bother anyone, I am an extremely clean individual (huge germaphobe), and possibly because I am a middle aged working Hispanic man living near Colombia University (area is undergoing a lot of gentrification). Also, in the lease it does not make any indication of eviction if hoarding.
I should add, I have two kids and a wife. I don't know what to do. Any relatively inexpensive lawyers you guys recommend that can help I'd appreciate.
Thanks for reading.
One, late payment of rent and or associated fees are part of non-payment actions. You cannot be evicted unless Housing Court grants a motion for an order and issues a warrant to city marshal.
Housing court routinely dismisses late fees unless they are clearly spelled out in the original lease signed by renters including RS and RC tenants. Since RC tenants normally do not have a lease I'd tell your LL to pound salt. If he takes you to court over late fees (doubt it), either get legal assistance or stand your ground in front of a judge and see what the court has to say.
In fact now that one thinks about it standard boilerplate RS leases also do not mention late charges so again NO, a LL cannot collect. They often do add them onto bills, Three Day Notices and other housing court actions, but again asking ain't getting. Court is concerned with back rent, minus the fees in cases of RC and RS tenants. https://www.brickunderground.com/blo...ites_late_fees
Hoarding or whatever is handled by what is called a "holdover proceeding" and again you *CANNOT* be evicted without your LL taking you to Housing court, and winning a judgment against you for whatever violation of your lease they brought the holdover case.
Unlike non-payment cases holdover proceedings are a totally different ball of wax. Things usually aren't so cut and dry as with unpaid rent (either you paid the money or you did not, if not there has to be a good reason otherwise adios...).
In most cases of holdover proceedings the court will order tenant to "cure" whatever violation prompted the proceeding. This means in your case if the apartment is indeed a "hoarding" sort of situation, you've got to clear stuff out and prove it to the LL and or court that you are in compliance, and *NOT* start it up again.
While rare court can simply decide to move with eviction and not give a tenant the option to "cure" in response to a holdover proceeding. But tenant can appeal and in the meantime would remain in their apartment.
If you are low income NYC now provides *free* legal service at housing court. I'd advise you to seek out such counsel if you cannot afford private and explain your situation. Often landlords trying to pull a fast one will back off when they get a letter or otherwise are informed tenant has legal representation.
In the meantime you need to get your act together and clean out your apartment. It is obvious your LL is looking for a way to get you out of that apartment. Thus knowing he has a gun, don't give him the bullets.
Long as you pay your rent on time and are not in otherwise violation of your lease as a RC tenant you cannot be touched.
Am not sure but think there is a statute of limitations on asking for back rent and or fees.
you have more rights then you can imagine. If they start playing the game, they have to serve you a notice through a process server, and you will go to housing court to answer their demand. Do not pay any late fees or stale rent. If it is over a year old, it is stale rent, and they should not be able to recover it.
I would demand a new lease , in writing, certified mail demanding a lease renewal. they need a very good reason to deny you a renewal, and an alleged hoarding situation is not one of them. They would need evidence of a hoarding situation, and will have to get into your apartment, ask for permission to take a picture. Do not let them take pictures in your home anymore.
If there are any problems in your apartment, demand , in writing, that you want it fixed. If you do not have a clause for late fees, and have a cashed check stating it is for old late fees, missing 6 years old rent, the court would not look upon that as a good thing, on the landlords part.
housing court will take a long time, 6-8 months for a complete resolution. An Attorney will usually charge any where from $200 to appear in court, each time. do not give up the apartment under no circumstances, do not take any deal which will force you to give up the apartment . Keep paying rent, on time. If the super or manager comes around talking crap, do not let him into your apartment, do not believe anything he says. If he threatens you, make a 311 complaint, and a complaint of Harassment in housing court.
Remember, those people are not your friends! do not feel sorry for them, or care how they feel or react to what you do. These are the same people who sneaked a picture of your apartment, then tried to back stab you with it.
If management has keys to your doors, I would change the top lock. they just may try to slip in while no one is home. They can't sue you for not providing a key, but could charge you if they have to break down your doors. I would recommend you keep a video camera or voice recorder nearby, for when they decide to visit.
your apartment is your personal domain, and no one has the right to come inside, unless you permit them to. If any pushing in intrusion takes place, get a police report filled out.
Fire hazard. If FD or fire Marshall see it in this condition there will be a summons issues. If not addressed in a period of time eviction proceedings will begin. Tell, erm, your friend to clean up.
[u]Disclaimer:
In August 2010 I missed a rent payment and was never truly informed of it, but the late payment fees of $25 consistently incremented leaving me a hefty bill. Summer of 2016 the landlord decided to file suit for the missing payments. I agreed to pay for the one missed rent payment and MCI's if they waived the late fees (the Landlord's lawyers idea) and I did.
A RC apt is more valuable than gold. How could you be so stupid as to not pay your little sliver of rent? And you had to know you owed it but thought maybe the LL, or whoever "they" is, let it fall through the cracks and that you had gotten away with a free months rent.
Then to say you were "never truly informed of it sounds like total BS to me."
These things said, I hope that you do not get evicted from your apartment, but if you do, it's your own fault.
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