THE UNFAIR SCALES OF LANDLORD TENANT COURT
***Slide show above shows the implorable current unsanitary condition of my property****
2008! The year of New Beginning and although we are 5 months into the year, I am still hopeful and pray-ful that I can turn this year of transformation with a little gift from God in the form of a tenant eviction.
As many of you know, I am a proud Bedford Stuyvesant home owner. However, some of you may not know how the joy I have for my community, my neighborhood and my people has constantly been under attack by a vicious, cruel, manipulative, deceitful, unscrupulous, deranged, solvent tenant from hell. Now my Christian brethren and sisters, stay with me and keep the holy water and oil at bay while I become a little transparent and use this gift of expression to humor my frustration away. I am sharing this story in hopes that someone who is reading it avoids making the same mistake I made and collectively we can join forces to effect change in the tenant-driven court system that continues to disenfranchise small homeowners many of which are facing or have faced hardship do to scrupulous tenants.
My story begins in August 2006, when I agreed to rent my brand new freshly painted studio apartment equipped with state of the art appliances to a program recipient. I put the apartment including pictures of the stainless steel glass bar on craigslist and got a plethora of calls. since I work for myself, the process of screening applicants was overwhelming.
However, just when I was at my wits in, I got a call from a rental agency that asked if I would consider renting my apartment to a program recipient. The incentives included 3 months advance rent, one month security, and a bonus 1K for entering the program. The agency would pay the monthly rent directly and will screen all applicants. Sound great to me. I just request interviewing all prospective tenants prior to having them move in. Just like a thief in the night I sold my soul for convenience and allowed the agency to seek a tenant.
So I did the interview thing and asked all what I considered were the “right questions” and of course the tenant had all the right answers. After all, according to many landlords, she fit the idea tenant – a single mother at that time working and seeking stability for their child. The other attractive thing about renting to what appeared to be a decent tenant, (and I must admit it also motivated my decision) was the fact that: it offered a monetary incentive to participate; the company would pay up front3 months rent and security in advance; and all future rent will be paid directly to me. I learned too quickly that if it sounds too good to be true then it is obviously a lie.
The tenant’s story was the typical New York story. She had fallen on hard times and was finally getting back on her feet. At the time she filled out the application she had landed a fulltime job through the agency’s career center as a home aid attendant and was scheduled to start classing to become a registered nurse. Unfortunately, in this case, my mother’s passion for helping others and nurturing ways superseded my business sense and I agreed to let what appeared to be a nice lady and her daughter move in only to discover I gave a demented, psychotic solvent access to my home.
On August the 29th, like a crack head in the night - carrying all her and her daughter’s worldly possessions in a shopping cart and multiple plastic garbage bags, the nightmare that was to become my tenant moved in. Within the first week she managed to lock herself out the house and instead of calling me to let her in, she broke the window to retrieve the key that she left on the ledge. The next week, she decides to throw her own welcome to the block party and invites all the guys on the corner over for a smoke out on my front stoop. After being band from the front stoop, she engages in a week long frolick session with the local corner guys until one decided to stick around.
Her cleaning and decorating skills! For window treatment she chose vintage daily news articles for the living quarters and natural lighting for the bathroom. Bedding included an air mattress with Scooby Do sheets and the closets where used to pile a variety of clothes, shoes and accessories - as were the hall way, the window ledge and any corner space made available. She seemed to always be cold (first missed sign), so I lent her an oil filled heater in the beginning of September that had a large bold warning sign that read “Keep in an Upright position at all times. However, whenever I entered the wreck that was once my newly renovated, studio apartment, complete with all new appliances, I often found the heater lying across the floor along with books, shoes, accessories, sanitary items and school supplies.
In less then 4 months she managed to turn my brand new stove biscuit beige to burnt-brown and create a permanent ring around the tub. The bathroom door went from white to tobacco yellow from the cigarettes she smoked in the no smoking unit and mildew had began to grow on the window ledge. Now I didn’t stand around passively accepting this mistreatment of my property. I addressed each issue as it arose which was met in typical crack-head fashion - she would answer with an emotional tearful outbreaks ending with a broken promise to correct the issue. However, that as I would later find out wasn’t as easy as I thought.
On December 2006, I received a letter from New York City Department of (Name), stating that her rent payments would discontinue after Dec. 15. Finally my chance to have her removed. I immediately contacted the tenant’s social worker at Homeless Services who assured me that they will assist the tenant in having the court’s decisions overturn and get the back rent paid expeditiously.
After receiving a call from my tenant’s worker from Partnership for Homeless Services, who begged me and assured me that she will be working with my tenant to get me my money and need my assistance in making it happen. Taking my cue from the Bible and forgiving the strain and hardship this tenant has caused thus far, I agreed to work with The Partnership for the Homeless in solving this case. I also went as far as writing a letter of recommendation for the agency to assist them in their pursuit in acquiring a grant.
However, a month went by and no change after the second month came passed I still did not receive payment, I decided to seek a solution on my own merit and consult legal advise. My lawyer immediately filed a Demand for Rent. More promises were made and the case was dropped once partial payments started kicking in. However, payments then shrunk to less then ½ of the demanded rent forcing me to file another Demand for Rent in June 2007.
Through some fluke in the marshal’s office a notice was never served and the case was not called to court until October. Judge Hoyos over saw the first hearing in Part F of the court system. Against my will, my lawyer worked out a stipulation giving the tenant adequate time to get the money and went as far as helping the tenant file papers for a one shot deal.
Payment for the one shot deal did not come until January of 2008, requiring me once again carry the tenant until the end of the year. Once payment was received, I had to go back to court to petition for an eviction on account that the rears were still outstanding. Even though it is stated in the stipulation that the eviction stays if payment is not received, the court allowed the tenant to post over seven (7) and counting “Order to Show Cause” (OSC) preventing this justifiable eviction from taking place. Each time she posts an OSC, I have to take a day off from work to appear before the judge. Cause if the landlord misses showing up for court, the case is dismissed and the tenant stays. However, in my case the tenant did not show up more then once and still was able to prevent the eviction for taking place This has forced me to take unnecessary time off from my job to defend the fact that “the tenant “has not paid and has not the money to pay and therefore should be evicted.” However, the judge time and time again continues to give her 10 days to pay and another 6 (business days) to serve notice equaling an additional month of tenancy before we start the process all over again.
In the defense of such injustice the court system has told me since the tenants rent, which is now current after being non-existing for over a year, is paid, she is entitled to stay. My argument has been that they can keep the rent I rather have the tenant out due to the numerous lease infractions she has caused and continue to cause and demand that her rears - (back rent) be paid. Since I had to carry her for over a year without the State of New York lifting a penny to pay, I have exhausted my savings and am currently facing hardship. The court has taken no mercy to my plea and the tenant in this case continues to destroy my property, disturb my peace (she broke a new oven which for the life of me I still cannot figure out how she did that), and create a hostile environment at my expense.
I am sharing this story to help educate others and empower a movement to correct the unjustifiable wrong small homeowners are facing in our court system. New York tenant Landlord laws are made to protect the tenant in all cases which is causing many small homeowners to loose their homes. A report released by the Furment . Although there are plenty of good reason to do such, small homeowners like me and are suffering cause of these bias laws which demands us to defend ourselves at the same level large real estate corporations and developers with disposable incomes do. We have to have them change policies so that the scales of justice are even on both sides.
These unfair policies and unjust practices of New York Tenant Landlord Court MUST changed. This city has made a demand on its citizenry to become stake holders and invest in our communities. Since the housing stock in New York is multi family, the majority of those that adhered to this cry are not only fulfilling the American dream of home ownership but spreading their entrepreneurial wings and becoming landlord. Yet, the same government that encouraged and supported us to take on the burden of homeownership refuses to protect our constitutional rights by assisting us in getting tenants to pay their rent by upholding the law and penalizing those who don’t adhered to it.
Small homeowners are holding mortgages that are clearly calculate the projected rental income as part of its overall equation and tax rates are being projected to make from our rental property. Yet, when tenants do not pay it creates a domino affect which is causing far too many hard-working New Yorkers to loose their homes. A recent report conducted by New York University Furman Institute for Real Estate and Urban Policy shows that 60% of the 15,000 New York City homes that entered into foreclosure, were small multi family homes (2 – 4 family). The Bedford Stuyvesant community accounts for a whopping 2,411 of with over 1,511 of the homes being rental occupied. Ingrid Gould Ellen, co- director of The Furman Center stated that the research shows that “between 2004 – 2007… the highest rate of increase (was) seen in 2 to 3 family buildings…”
As both property and individual tax payers, our tax dollars are paying court system salaries and we have a right to demand that the same system that protects tenants rights uphold the rights of landlords in aiding us to collect rental income owed to us by instituting fair practices that support our efforts in collecting rent from tenants and upholding legal binding lease contracts when tenants fail to meet these legal obligations.
Look forward to hearing back from you. Please drop a comment to this posting and share it with others. Change, which is the only constant in life, only come through action.
***Slide show above shows the implorable current unsanitary condition of my property****
2008! The year of New Beginning and although we are 5 months into the year, I am still hopeful and pray-ful that I can turn this year of transformation with a little gift from God in the form of a tenant eviction.
As many of you know, I am a proud Bedford Stuyvesant home owner. However, some of you may not know how the joy I have for my community, my neighborhood and my people has constantly been under attack by a vicious, cruel, manipulative, deceitful, unscrupulous, deranged, solvent tenant from hell. Now my Christian brethren and sisters, stay with me and keep the holy water and oil at bay while I become a little transparent and use this gift of expression to humor my frustration away. I am sharing this story in hopes that someone who is reading it avoids making the same mistake I made and collectively we can join forces to effect change in the tenant-driven court system that continues to disenfranchise small homeowners many of which are facing or have faced hardship do to scrupulous tenants.
My story begins in August 2006, when I agreed to rent my brand new freshly painted studio apartment equipped with state of the art appliances to a program recipient. I put the apartment including pictures of the stainless steel glass bar on craigslist and got a plethora of calls. since I work for myself, the process of screening applicants was overwhelming.
However, just when I was at my wits in, I got a call from a rental agency that asked if I would consider renting my apartment to a program recipient. The incentives included 3 months advance rent, one month security, and a bonus 1K for entering the program. The agency would pay the monthly rent directly and will screen all applicants. Sound great to me. I just request interviewing all prospective tenants prior to having them move in. Just like a thief in the night I sold my soul for convenience and allowed the agency to seek a tenant.
So I did the interview thing and asked all what I considered were the “right questions” and of course the tenant had all the right answers. After all, according to many landlords, she fit the idea tenant – a single mother at that time working and seeking stability for their child. The other attractive thing about renting to what appeared to be a decent tenant, (and I must admit it also motivated my decision) was the fact that: it offered a monetary incentive to participate; the company would pay up front3 months rent and security in advance; and all future rent will be paid directly to me. I learned too quickly that if it sounds too good to be true then it is obviously a lie.
The tenant’s story was the typical New York story. She had fallen on hard times and was finally getting back on her feet. At the time she filled out the application she had landed a fulltime job through the agency’s career center as a home aid attendant and was scheduled to start classing to become a registered nurse. Unfortunately, in this case, my mother’s passion for helping others and nurturing ways superseded my business sense and I agreed to let what appeared to be a nice lady and her daughter move in only to discover I gave a demented, psychotic solvent access to my home.
On August the 29th, like a crack head in the night - carrying all her and her daughter’s worldly possessions in a shopping cart and multiple plastic garbage bags, the nightmare that was to become my tenant moved in. Within the first week she managed to lock herself out the house and instead of calling me to let her in, she broke the window to retrieve the key that she left on the ledge. The next week, she decides to throw her own welcome to the block party and invites all the guys on the corner over for a smoke out on my front stoop. After being band from the front stoop, she engages in a week long frolick session with the local corner guys until one decided to stick around.
Her cleaning and decorating skills! For window treatment she chose vintage daily news articles for the living quarters and natural lighting for the bathroom. Bedding included an air mattress with Scooby Do sheets and the closets where used to pile a variety of clothes, shoes and accessories - as were the hall way, the window ledge and any corner space made available. She seemed to always be cold (first missed sign), so I lent her an oil filled heater in the beginning of September that had a large bold warning sign that read “Keep in an Upright position at all times. However, whenever I entered the wreck that was once my newly renovated, studio apartment, complete with all new appliances, I often found the heater lying across the floor along with books, shoes, accessories, sanitary items and school supplies.
In less then 4 months she managed to turn my brand new stove biscuit beige to burnt-brown and create a permanent ring around the tub. The bathroom door went from white to tobacco yellow from the cigarettes she smoked in the no smoking unit and mildew had began to grow on the window ledge. Now I didn’t stand around passively accepting this mistreatment of my property. I addressed each issue as it arose which was met in typical crack-head fashion - she would answer with an emotional tearful outbreaks ending with a broken promise to correct the issue. However, that as I would later find out wasn’t as easy as I thought.
On December 2006, I received a letter from New York City Department of (Name), stating that her rent payments would discontinue after Dec. 15. Finally my chance to have her removed. I immediately contacted the tenant’s social worker at Homeless Services who assured me that they will assist the tenant in having the court’s decisions overturn and get the back rent paid expeditiously.
After receiving a call from my tenant’s worker from Partnership for Homeless Services, who begged me and assured me that she will be working with my tenant to get me my money and need my assistance in making it happen. Taking my cue from the Bible and forgiving the strain and hardship this tenant has caused thus far, I agreed to work with The Partnership for the Homeless in solving this case. I also went as far as writing a letter of recommendation for the agency to assist them in their pursuit in acquiring a grant.
However, a month went by and no change after the second month came passed I still did not receive payment, I decided to seek a solution on my own merit and consult legal advise. My lawyer immediately filed a Demand for Rent. More promises were made and the case was dropped once partial payments started kicking in. However, payments then shrunk to less then ½ of the demanded rent forcing me to file another Demand for Rent in June 2007.
Through some fluke in the marshal’s office a notice was never served and the case was not called to court until October. Judge Hoyos over saw the first hearing in Part F of the court system. Against my will, my lawyer worked out a stipulation giving the tenant adequate time to get the money and went as far as helping the tenant file papers for a one shot deal.
Payment for the one shot deal did not come until January of 2008, requiring me once again carry the tenant until the end of the year. Once payment was received, I had to go back to court to petition for an eviction on account that the rears were still outstanding. Even though it is stated in the stipulation that the eviction stays if payment is not received, the court allowed the tenant to post over seven (7) and counting “Order to Show Cause” (OSC) preventing this justifiable eviction from taking place. Each time she posts an OSC, I have to take a day off from work to appear before the judge. Cause if the landlord misses showing up for court, the case is dismissed and the tenant stays. However, in my case the tenant did not show up more then once and still was able to prevent the eviction for taking place This has forced me to take unnecessary time off from my job to defend the fact that “the tenant “has not paid and has not the money to pay and therefore should be evicted.” However, the judge time and time again continues to give her 10 days to pay and another 6 (business days) to serve notice equaling an additional month of tenancy before we start the process all over again.
In the defense of such injustice the court system has told me since the tenants rent, which is now current after being non-existing for over a year, is paid, she is entitled to stay. My argument has been that they can keep the rent I rather have the tenant out due to the numerous lease infractions she has caused and continue to cause and demand that her rears - (back rent) be paid. Since I had to carry her for over a year without the State of New York lifting a penny to pay, I have exhausted my savings and am currently facing hardship. The court has taken no mercy to my plea and the tenant in this case continues to destroy my property, disturb my peace (she broke a new oven which for the life of me I still cannot figure out how she did that), and create a hostile environment at my expense.
I am sharing this story to help educate others and empower a movement to correct the unjustifiable wrong small homeowners are facing in our court system. New York tenant Landlord laws are made to protect the tenant in all cases which is causing many small homeowners to loose their homes. A report released by the Furment . Although there are plenty of good reason to do such, small homeowners like me and are suffering cause of these bias laws which demands us to defend ourselves at the same level large real estate corporations and developers with disposable incomes do. We have to have them change policies so that the scales of justice are even on both sides.
These unfair policies and unjust practices of New York Tenant Landlord Court MUST changed. This city has made a demand on its citizenry to become stake holders and invest in our communities. Since the housing stock in New York is multi family, the majority of those that adhered to this cry are not only fulfilling the American dream of home ownership but spreading their entrepreneurial wings and becoming landlord. Yet, the same government that encouraged and supported us to take on the burden of homeownership refuses to protect our constitutional rights by assisting us in getting tenants to pay their rent by upholding the law and penalizing those who don’t adhered to it.
Small homeowners are holding mortgages that are clearly calculate the projected rental income as part of its overall equation and tax rates are being projected to make from our rental property. Yet, when tenants do not pay it creates a domino affect which is causing far too many hard-working New Yorkers to loose their homes. A recent report conducted by New York University Furman Institute for Real Estate and Urban Policy shows that 60% of the 15,000 New York City homes that entered into foreclosure, were small multi family homes (2 – 4 family). The Bedford Stuyvesant community accounts for a whopping 2,411 of with over 1,511 of the homes being rental occupied. Ingrid Gould Ellen, co- director of The Furman Center stated that the research shows that “between 2004 – 2007… the highest rate of increase (was) seen in 2 to 3 family buildings…”
As both property and individual tax payers, our tax dollars are paying court system salaries and we have a right to demand that the same system that protects tenants rights uphold the rights of landlords in aiding us to collect rental income owed to us by instituting fair practices that support our efforts in collecting rent from tenants and upholding legal binding lease contracts when tenants fail to meet these legal obligations.
Look forward to hearing back from you. Please drop a comment to this posting and share it with others. Change, which is the only constant in life, only come through action.
2 comments:
I decided to stop by so that I could comment directly to the author of "Landlord Beware" published in "Our Time Press" (vol13no20)I hate that I can't say all that I want so I'll try and keep it simple. I read your article and I'm very sorry for what happened to you but for you to bash all program tenants I thought was a bit harsh and unsettling for me since I used to be one of those people, I know that you were only speaking based on your experiance and those of others around you, which very obvious during my reading until midway through you shed some light on your on why this article was being written. I admit you had a beautiful place and I must say I wish I had've been the one who found you first. As I continued to read your article you than acknowledged that all program tenats aren't a nightmare but this for me was done a little to late after the fear insighting text of the article and the tale to follow makes readers more than cautious, how about frightened. You never know a persons situation and why they end up needing assistance that's why I find your crtisism way more damaging to people like me who lead good, positive, healthy lives that work hard and just need some help trying to make it and why are we looked down upon? I want to enjoy the luxury of being able to live in a good neighborhood and enjoy local parks and tree lined blocks and whatever other amenities living in Bedstuy or Clinton Hill can give me. Thank you for making it harder for people like me who deserve and need second chances because that's exactly what you have done. Bless
Thanks for your comment. I grew up as a section 8 tenant in the project so I know first hand that there are hard working people that are in these program and need a fair shot. However, when a person deliberately has several infractions to a lease and the court system that I pay a double portion of my tax dollars to does not one thing to protect my rights as a tax paying citizen and force me to provide shelter for the culprit, something is wrong. The letter was written to raise the awareness about unfair practices of Landlord Tenant Court. If you are a decent tenant entering these programs to make a means to an end, then by all means it does not pertain to you... However, if you are like the sulvent low life tenant mentioned in the article,living off a program to support your habit and feel that the world owes you something, then things have to change.
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