Arrested For Trespass In Mothers Apartment When Police had super open door to Enter

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Two Police Officers responding to a noise complaint forced me to leave my mother's apartment and permanently ban me from ever revisiting due to the landlords immediate decision that was on scene and not the police.

After pulling me by my shoulder as I was opening the door and told me to sit on the floor.and I was fully compliant. The building manager was with them too as they spoke to me privately and did not question my mother who was present for side of the story. They spoke in accusatory way immediately

A am my mothers caretaker in the rent subsidized building where seniors live along with 30 other caretakers who are all the same ethnic background but me. No paper work submissions or noticication is required for care takers.

No charges were filed against me but the police said the Managers determination to ban me immediately and not come back is lawful. I Left with only the verbal ban.

I called the police department back after I left citing a Tenant law and asking for the department to look it up as well. I was told they do not have that information there but A Landlord can condition a renters apartment by removing anyone immediately with out filing any court action.

They desk officer also stated, "This seems to be a court issue and you will have to persue this determination in Tenants Landlord court in order to remove the landlords decision." If this is the case, then this should have been determined earlier and explained to the landlord, a decision can not been imposed since this is a Tenant Landlord court issue.

The next day (1/4/11) I went back to my mothers apartment so she could eat breakfast and over an hour later the police came right into the apartment and* arrested me for criminal trespassing which was later dropped to a violation. When I asked what call was made one officer said a well being call since my mother was hospitalized two weeks ago. I asked the other officer alone and said the super reported my car there. I dont have a car. The super chimed in " we can walk into any apartment anytime they want." DOH states this is incorrect

While at the police department, the building sent over a "Letter of Intent"* and the police then included the following statement in the report "The buildings agency did supply this agency with a letter of intent" which is dated on 1/4/2010" The letter of intent states several sections of me living there without consent that I have been harassing our tenants and making threats to management.*

There are no police reports for the other harrassed tenants and management because this never happened. The Landlord did not state any of this when the police came last night but "created a fictitious accusation so I appear to be someone that should stay away." Signed by Vice President of the reality.

Violation Information paper actual violation- Pointed out to me by a off the record P Officer
Complaint based on personal knowledge, the source being, Direct Knowledge?

Appearance ticket shows Trespass

Does anyone know a zone lookup website for building listed as? I am being told private from owner, Government from an officer on scene and Private by a LT from the police department. A class action was filed for this exact arrest in my county in 2008 by legal aid society but I can not find the outcome for pen 140.5 - common areas in a private building with for someone invited as a visitor who is banned.
 
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Two Police Officers responding to a noise complaint forced me to leave my mother's apartment and permanently ban me from ever revisiting due to the landlords immediate decision that was on scene and not the police.

After pulling me by my shoulder as I was opening the door and told me to sit on the floor.and I was fully compliant. The building manager was with them too as they spoke to me privately and did not question my mother who was present for side of the story. They spoke in accusatory way immediately

A am my mothers caretaker in the rent subsidized building where seniors live along with 30 other caretakers who are all the same ethnic background but me. No paper work submissions or noticication is required for care takers.

No charges were filed against me but the police said the Managers determination to ban me immediately and not come back is lawful. I Left with only the verbal ban.

I called the police department back after I left citing a Tenant law and asking for the department to look it up as well. I was told they do not have that information there but A Landlord can condition a renters apartment by removing anyone immediately with out filing any court action.

They desk officer also stated, "This seems to be a court issue and you will have to persue this determination in Tenants Landlord court in order to remove the landlords decision." If this is the case, then this should have been determined earlier and explained to the landlord, a decision can not been imposed since this is a Tenant Landlord court issue.

The next day (1/4/11) I went back to my mothers apartment so she could eat breakfast and over an hour later the police came right into the apartment and* arrested me for criminal trespassing which was later dropped to a violation. When I asked what call was made one officer said a well being call since my mother was hospitalized two weeks ago. I asked the other officer alone and said the super reported my car there. I dont have a car. The super chimed in " we can walk into any apartment anytime they want." DOH states this is incorrect

While at the police department, the building sent over a "Letter of Intent"* and the police then included the following statement in the report "The buildings agency did supply this agency with a letter of intent" which is dated on 1/4/2010" The letter of intent states several sections of me living there without consent that I have been harassing our tenants and making threats to management.*

There are no police reports for the other harrassed tenants and management because this never happened. The Landlord did not state any of this when the police came last night but "created a fictitious accusation so I appear to be someone that should stay away." Signed by Vice President of the reality.

Violation Information paper actual violation- Pointed out to me by a off the record P Officer
Complaint based on personal knowledge, the source being, Direct Knowledge?

Appearance ticket shows Trespass

Does anyone know a zone lookup website for building listed as? I am being told private from owner, Government from an officer on scene and Private by a LT from the police department. A class action was filed for this exact arrest in my county in 2008 by legal aid society but I can not find the outcome for pen 140.5 - common areas in a private building with for someone invited as a visitor who is banned.

Why not visit the legal aid office?
But, until the ban is lifted, I's stay off the premises.
You can rearrested each time you violate the ban.
The place to challenge that ban is in court.
You can obtain a restraining order against teh building manager, but it won't be easy.
It will also take some time.
You can request an emergency hearing based on the health and well being of your mother.
What ever you do, don't try using race, religion, or ethnicity cards.
That tactic only causes delays or unnecessary losses.
Always argue the law, never emotion.
Try legal aid, or an attorney that will help you pro bono.
There are many attorneys that will do pro bono work.
You can find them through civil rights groups, religious organizations, or legal aid societies.
You can also try getting free legal help through nearby public or private law schools.
There are at least a dozen (or two) that I know about in the NY metro area!
 
I see a pretty big problem with the landlord and the police just letting themselves into the residence. That is a big no-no. Your mother is the tenant, and your mother would have to stand up for her tenants rights regarding illegal entry by the landlord... and even 4th Amendment rights regarding entry by the police.
Your landlord may be right depending on how the local trespassing matters are handled, but your landlord and the police appear to be very wrong in how they handled the situation.
Visit the local precinct and make a formal (written) complaint about the incident, and use the officer's names if you know them.
 
I'm wondering what part of the story we are missing. There sounds like a lot of pieces not fitting right in your telling of the story. I would be curious to know the other side ... which you will know if/when it goes to court.

Is this facility specifically for those who require assisted living? If so, there may be some additional requirements that they agreed to when they moved in.

New York may have some different trespass laws in place then some other states, and it may very well be possible that the super/manager can ban you from the building regardless of the tenant's wishes.

As Army Judge mentioned, fight this in court not on the phone. Avoid the property until the order is lifted.
 
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