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Homeless. NYS

Discussion in 'Eviction, Recovery of Premises' started by Kweet, Sep 16, 2019.

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  1. Kweet

    Kweet Law Topic Starter New Member

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    Jurisdiction:
    New York
    I just found out i am suppose to be evicted tomorrow. I knew the eviction case had started but my landlord to me not to go to court, to not worry about it. I didnt receive anything in the mail about it after so i have reason to believe my landlord was taking the mail. Is there anything i can do?
     
  2. army judge

    army judge Super Moderator

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    There are many things you can do.

    This is the united States of America, land of endless things to do, mate.

    You could probably take a walk, invite someone out for date, go to a baseball game, ride
    a subway line to the end and return, volunteer to mentor kids at a public school, adopt a pet from the local animal shelter, make a nice protest sign and let the world know what irks you to no end, take in a movie, ride a bike, sit on a park bench and feed the birdies, stand on a street corner and smile at all the nice people, pick up trash to keep your city clean, visit the courthouse to see if there is an eviction case that involves you, or see if you can look up the alleged eviction proceeding online from the comfort of your home (or the local library), I'm guessing.
     
  3. Kweet

    Kweet Law Topic Starter New Member

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    Sweet, problem solved, going on a bike ride, bbl.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Sorry to hear about your predicament but I'll address the issue directly. Obviously there is a reason why you're being evicted. What you can do is address the problem. What is the problem and reason for the eviction?

    Second, why would you even think that an eviction proceeding filed against you in court is not a big deal? I'm having difficulty appreciating what this means.

    You can go to court and claim that you didn't know about the hearing. Let's assume that the court might entertain such a defense for the moment. That's not a resolution of the legal issue which the court wants to resolve. Is the issue non-payment of rent? If rent isn't paid, the problem still exists and you're only hoping to convince the court to waste its time again to come to the same conclusion of granting the eviction.
     
    Red Kayak and justblue like this.
  5. Kweet

    Kweet Law Topic Starter New Member

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    Update.

    The lock out date was the 10th of this month, however it want performed until today. I went to social services and they said This null and voids the eviction.

    Does this sound right?
     
  6. army judge

    army judge Super Moderator

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    Probably, did social services advise you as to how you must now proceed?

    In NYC, if you've been illegally locked out, the landlord is on the hook to pay you some loot, if you pursue it correctly.




    Hint: It all begins again in NYC Housing Court.



    I'll start with this:
    If you have legally occupied an apartment for at least 30 days (with or without a lease), you may not be evicted without a court order awarding a judgment of possession and warrant of eviction against you. ... You must come to court immediately and start a case called an "illegal lockout."



    HELP for you:

    Illegal Evictions / Illegal Lockouts | Metropolitan Council on Housing

    Home · NYC311




    A primer to help YOU get that money, sonny!!!




    https://www.nycbar.org/pdf/report/tenantsguide.pdf
     
  7. Kweet

    Kweet Law Topic Starter New Member

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    I was denied help twice today, ended up going back to the house and giving the landlord a number to call to be advised why the eviction was null.

    The landlord proceeded to call every supervisor in the book all the way up to the sheriff. Same result.

    Then the county attorney got involved and all the sudden they want to help me. Even after hours which is completely unheard of.

    Lmfao.

    Ill be going home tonight and making some phone calls.
     
    army judge likes this.
  8. army judge

    army judge Super Moderator

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    I love it when the little guy defeats the big, bad bully.

    I've loved it as a child when David slayed the giant, Goliath.
    I loved it when Lil Red Riding Hood got Granny back, after the Woodman took out the Wolf.
    The Three Little Pigs made me giggle as a child, after they got that wolf, too.
    Of course, Bugs Bunny's constant beat downs of Elmer Fudd, always made me laugh.
    Each time the Roadrunner outsmarted that Wile E. Coyote, I laughed.

    The Old Lone Ranger & Tonto, Roy Rogers, Paladin, Annie Oakley, The Lawman, Sgt Joe Friday, all of the other good guys kept me smiling.

    Now I've got you, a hero in the new millennium, a 21st century little guy about to administer a 19th century beat down to another bad guy, bully for you, mate, bully for you.

    Please come back and tell us how you slayed your dragon.

    Good luck, Sir Kweet!
     
  9. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Some advice regarding the office to whom you've spoken - if you want the benefit of their help, have the details ready and story quickly presentable to minimize their time spent. They will certainly appreciate and have more sympathy towards someone who appears organized.

    I don't know the details of the eviction. Years ago I unfortunately had to be present to evict a family from a home that knew it was coming. The city marshal appeared at the premises and they were "removed" although it was routine given the notice. I'm unsure what happened in your case but here are the New York City Civil Court Housing Division Rules. I'm not sure if you're saying that they want to perform the eviction after the earliest date which they can evict. If you're trying to stay an eviction based upon procedure, make sure you're clear on the facts and can apply them directly to the law.
     
  10. justblue

    justblue Well-Known Member

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    Just a FYI Michael, OP posted on another site that the reason for his eviction was violation of lease (OP wasn't maintaining property).
     
  11. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Thanks. In New York City rent controlled or rent stabilized tenants are a target for eviction by landlords and a motivation for zealous (and overzealous) action. I don't know if it has any bearing on this case but thought I would mention it.

    The city traditionally wanted to create an affordable housing plan which creates something of a windfall for tenants if you're fortunate to have the privilege of rent stabilization or control. In essence the tenant has the right to pay a rent that is often well below market rate with marginal increases that may take years or a lifetime until it is released back onto the open market. In the meanwhile, the landlord may be stuck with an apartment which will cost them far more money to maintain than the income being brought in. As a result, landlords may neglect maintaining the property or try to find ways to evict rent controlled or rent stabilized tenants for any technical violation they can find.
     
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