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Re: My landlady filed false assault charges to evict me

Posted by Anna on June 29, 1999 at 23:51:33:

In Reply to: My landlady filed false assault charges to evict me posted by Marie on June 29, 1999 at 12:50:01:

: My landlady is a poster child for bad new york landlords.
: I have been sub-letting a loft for two years from a woman who turned out to be a real estate lawyer. After she started harassing my roommate, my neighbors and I last summer, we hired a lawyer together. He advised to withhold the rent, as it was an illegal conversion from commercial to residential. He won in her three attempts to evict us, but she filed a complaint against my boyfriend and I for assault, and got a restraining order that prevents me from getting back in my appartment. After I was arrested, my roommate moved out, as she was scared of what the landlady could come up with for her.
: I've been living at friends for the past six weeks. I am spending a lot of money to defend myself on the criminal charges, and the police advised not to go back, because the landlady claimed that she lived there too, and any new complaint from her would land me in jail.
: Has anybody heard of such a tactic to evict a tenant? The initial judge said the case was an abuse of his court, but still let it proceed to the next step. The Assistant DA I met doesn't seem to care.
: The Real estate lawyer/sublet landlady from hell's name is Gale Elston. How can I find out if she has harassed tenants before? I learned from others in the building (who rent directly from the owner), that she has been turning out tenants for years. She seems to make a living of sub-letting places she leases under her law firm's name Gale Elston PC.
: Please help!

1. to check her history as a landlady: go to your county's Housing Court and Small Claims court: look her up in both computers as both the plaintiff/petitioner and the respondent/defendant. Get printouts, if available.
2. to prove her home is not at your address: those court files must list her address, or her lawyer's. b) where do you send the rent checks to? do you receive bills? printed documentation such as this could help get you back into your apt.
3. call Victim Services: follow their advice: they're very experienced in domestic disputes, which is what landlord/tenant or roommate/roommate disputes fall under with them & with the police.
4. look up harassment on TenantNet Home: file a complaint with each agency listed.
5. whatever happened to that lawyer you had? call him/her asap.

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