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Hi everyone. Typical story, tenant stop paying rent started eviction process. We won the case but then tenant asked for a order to show cause, which stopped the Marshall from getting the warrant. The judge denied the order to show cause. The Marshal my lawyer nor my lawyer was served any papers of the new court date but it was denied regardless.
Now the court has pushed back processing for the warrant of eviction for the marshal. How many times can the tenant appeal? The warrant clerk is stating as many times the tenant wants and the judge signs off on it. This is ridiculous and it's been over 6 months!
BXSV can you tell us a little about the location of the property (what are of the Bronx for example), what kind of building (3 family, large 5 story walk up etc), and what kind of tenant (single/family, working/section 8, etc), and how did you get this tenant (word of mouth/craigslist, etc)
Near pelham pkwy, cash tenant. It's a 4 family building. He lives on the 4th floor.
What are the rules for the appeals? Is their a limit he can appeal?
If its a 4 unit building, you are not subjected to the strict rent stabilized laws. You have more power than you think. Remind your attorney and judge that the tenant is deregulated. Since these attorneys and judge are so used to dealing with rent stabilized tenants, they probably assume your tenant is one which makes a difference in ruling.
Housing court isn't necessarily corrupt, this is all due to one simple fact:
Since 1981 (I believe) the City, by decree, has been ordered to house any person who is homeless or seeks housing. So anyone, from anywhere in the country can move to NYC and say "I am homeless give me housing." And NYC MUST provide housing. Therefore, it is in NYC's best interest NOT to have people evicted/homeless, because they then become the city's problem, responsibility, and obligation. So they drag on evictions and give people 1,000 chances otherwise they are the city's problem, and there are too many people in the system and not enough housing, so they indirectly force LLs to put up with everything and penalize them.
This is also the reason why there are so many government/city subsidized programs that pay rent, because it is significantly cheaper to give a LL a voucher to house people than it is to pay for a bloated homeless system and provide housing for them.
Housing court isn't necessarily corrupt, this is all due to one simple fact:
Since 1981 (I believe) the City, by decree, has been ordered to house any person who is homeless or seeks housing. So anyone, from anywhere in the country can move to NYC and say "I am homeless give me housing." And NYC MUST provide housing. Therefore, it is in NYC's best interest NOT to have people evicted/homeless, because they then become the city's problem, responsibility, and obligation. So they drag on evictions and give people 1,000 chances otherwise they are the city's problem, and there are too many people in the system and not enough housing, so they indirectly force LLs to put up with everything and penalize them.
This is also the reason why there are so many government/city subsidized programs that pay rent, because it is significantly cheaper to give a LL a voucher to house people than it is to pay for a bloated homeless system and provide housing for them.
It does sounds like the Judge is already on the tenant's side before I even start to talk recently.
There is nothing you can do, as you are at the mercy of the court. Until the court decides to move forward with the eviction, you are screwed. And tenants know this, and take full advantage. It typically takes a minimum of 6 months to evict a tenant under the best of circumstances, but it can take up to a year for those who know how to milk the system.
The only thing you can do is be as rigorous and strict as possible when accepting a tenant in your building, because that is the only control you will ever have. Credit checks, pay-stubs, bank statements, and criminal/housing court checks are a must to greatly decrease the chance of getting a lousy/deadbeat tenant...but it's no guarantee. I would also not recommend a subsidized tenant (section 8, work advantage, etc) as it almost guarantees problems.
At this point there is nothing you can really do but keep going to court, but in the future be as strict as possible when bringing a tenant into your building to prevent this from happening again. It's all you can do really.
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