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Upstairs tenants harassing me Harassment, Stalking, Misconduct

Discussion in 'Criminal Charges' started by Kazi, Nov 24, 2009.

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  1. Kazi

    Kazi Law Topic Starter New Member

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    11.24.09

    I had close to 3 months of peace and quiet without the harassment and smelling what I am smelling before the upstairs tenants moved above me.

    Now I am being harassed and I am tired of smelling what they smoke.

    They do all of the following:
    > follow me from room to room
    > follow me from room to room and bang on radiator in living room, kitchen or bathroom pipes depending on where I am
    > urinate on my fire escape
    > follow me outside to make sure I am leaving for an extended period of time
    > have put a glue-substance in my apt. keylock and attempted to lock me out twice (just last week)
    > stomp and drop things very loudly over my head
    > bang on walls and floors to purposely wake me when they know I am sleeping
    > smoke something very strong (herb or crack) when they think I am sleep
    > begin banging on the living room radiator (where I sleep now - because they won't let me sleep in my bedroom..) as soon as they hear me do my cough and turn over to sleep
    > begin banging on the living room radiator when they hear me do my cough and wake up
    > bang on the kitchen radiator when they hear me enter the kitchen or walk by
    > refused to attend first meeting scheduled by landlord at his office two months ago
    > NOTE: I have done tests consisting of standing quietly in all rooms and then hearing them walk above to approx. right above me then bang on radiator or floor
    > NOTE: it has been confirmed that the radiator noise is not the heating system - the porter who lives next door has been in the apartment to confirm this

    I have a report in with the police who this time (I have called them several times within the last few months) were kind enough to do one. The previous officers that came out would not take an incident report without being able to state who did the offense. The officers that came out this past Tues. were helpful, saw how upset I was at being locked out AGAIN, happened first time last Sunday. They listened to me, said they would go upstairs and talk to these neighbors and take the report.

    I am the only non-spanish tenant in an 8-unit bldg in the South Bronx. There are 5 units occupied, one just within this week. Therefore previously there were only 4 occupied units. When there were only 4 occupied units consisting of me, the two apartments with Puerto Rican tenants and the unit above me with Spanish descent South American tenants (Venezuela and Columbia), the other two apts, (the Puerto Rican neighbors) used to be more sympathetic to my pleas for the help in dealing with these folks above me but for somer reason found it hard to beileve that these people were harassing me but then at least they would lend me their ear or come into the apartment for a few minutes (i.e. to hear the noise or see the urine on my fire escape). Now that they are seeing more obvious proof that it is indeed the upstairs neighbors who they were so quick to defend against me previously, they no longer want to be bothered. They know I am dealing with the police and now attempting a meeting with our landlord and his lawyers - hopefully to be scheduled for tomorrow.

    My landlord said if they do not show, he will begin a holdover which is the beginning of an eviction. This landlord is very absent and then turns around and says he'll do things but takes 13 years... What is his legal obligation if these tenants do not show? Can he begin a holdover and evict or at the very least find them another apt. in one of his properties? If they show and he and his lawyers lean toward believing that they are indeed harassing me - what then? Is he obligated to begin the holdover/evict? Or is he just obligated to tell them to leave me alone?

    Back to the most recent incident which convinced the officers that they are harassing me - they pretend to only speak Spanish so the officer asked me to remain on my floor, they went up to talk to them. When done, I asked the officers can we talk more outside the bldg. Once outside the officer that spoke with them blew up. She said she could not believe that she is speaking with the woman about putting glue in my keylock and the tenant is talking about the fact that I was the only apartment putting tape over my keylock as I have suspected that someone has either been entering my apt or messing with me lock. The officer said this made her feel they were indeed lying (of course they said they didn't do it) and she warned them that it is a crime and they will be arrested if caught.

    I have numerous instances without enough solid proof - only the nature of their actions when confronted that don't coincide with innocense i.e. illogical statements like the one above and many others that wouldn't be on the mind of innocent people.

    I am convinced that if we ended up in front of a judge - with the very little proof that I have, they would very clearly incriminate themselves just on their behaviour in court and the things they say/don't say as supposedly innocent people.

    I am also convinced that if the other neighbors were pressed to speak against them, they would admit to and find it hard to deny that they do indeed here them harassing me, they have seen the urine on my fire escape and they have seen the glue in my keylock and maybe even heard when these folks came downstairs and did this. They would def admit to hearing me totally lose it in the hallways the two times this has happened.

    I need to know what my landlord is supposed to do.


    Thanks
    Any help would be greatly appreciated - sorry for being so wordy.. I am at my wits end and need help :(
     
  2. Kazi

    Kazi Law Topic Starter New Member

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    Again, any help would be greatly appreciated. I put this post under general criminal because the police officers said harassment is a crime. Also most of the posts under tenant/landlord deal with everything except tenant-on-tenant harassment. However if it is advised that I do so, will post there. The mtg w/landlord has been rescheduled for next week. Thanks
     
  3. jacksgal

    jacksgal Super Moderator

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    You have two means to attempt to resolve this without moving

    A. Discuss with Landlord as you have done

    B. Call Police for any unlawful actions
     
  4. army judge

    army judge Super Moderator

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    If things are as you describe, your best solution is to move! They'll never change, and you'll continue to be victimized.
     

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