Blacklisting Settlement

[NYHawk]

So Gumby, it was procedurally improper for the judge to have accepted an oral discontinuance from the LL's atty. (that is never acceptable.) I don't think, however, for the blacklisting problem, there is anything you should do.

I'm under the impression that a discontinuance by a LL is as good as a dismissal for blacklisting purposes.

As Aburgene correctly pointed out, a judge should provide a written order (not a decision which is not appealable) whenever a litigant requests one.

So, in the future, if a judge says that he got a phone call from the LL's atty informing the judge that the LL was discontinuing the proceeding and that the judge was going to make a notation on the court file, but you want something more "official" or something appealable if you disagree, which is your right, simple say "Your Honor, may I prepare a short from order, or will Your Honor issue an Order?"
A "short form order" is a form that all court clerk's have readily available, which is usually written by the litigant and then signed off by the judge. In other words, you have to do the work and prepare a proposed order for the judge to sign. It is done all the time, it saves the judge the hassles of having to prepare an order, it is easy to do, and the clerk will help an unsophisticated litigant write one, and its the easiest way to get an appealable order, or at least an official determination of the outcome of the proceeding. The notes a judge makes on a court file, regardless of anything the judge writes on the court file, is never an appealable order, which, as Aburgene stated, must be served with Notice of Entry, before it can be appealed. A Notice of Entry is kinda like a cover sheet that accompanies the order that is sent to the other side, service of it starts both sides time to appeal (30 days unless mailed then 35 days)Good luck!

[Anna]

About the time this settlement was first announced, I remember reading or hearing a report that one of the big three credit bureaus, Experian, Equifax or TransUnion, had also begun to use NYC Housing Court data in their reports, albeit in a more responsible way. Exactly how, I don't remember; possibly using only those with judgments after trial or only those with warrants issued or only those with executed warrants.

Can someone please provide some link to some report of this?

Thanks.

<small>[ April 22, 2006, 11:49 AM: Message edited by: Anna ]</small>

[lofter1]

This may already have been posted (from Gotham Gazette; Feb. 2006):
http://www.gothamgazette.com/article/housing/20060208/10/1753

Housing Court And Credit Card Ratings

Even as the tenant screening company case is all but settled, Fishman said he had noted what may be a more troubling development for tenants: The “big three” credit reporting companies (Experian, Equifax and Trans Union) are including housing court money judgments on people’s credit reports.

A spokesman for TransUnion said in an email that including the information on credit reports was not a new practice, as far as he knew, and that under law the company could include money judgments from housing court. A spokeswoman for Experian did not return a call for comment.

“It’s ominous because of the reasons why judgments occur in housing court,” Fishman said. “Most judgments happen because a tenant who does not have an attorney gets browbeaten in the hallway by a landlord’s lawyer into agreeing to a settlement. What they’re not told is that that judgment is going to show up on their credit report and have a substantial impact on their credit score.”

Credit reports and tenant screening reports are different. A person’s credit report includes information on credit accounts and debts -- any money judgment against the person in any civil court proceeding could conceivably end up on her credit report. Tenant screening reports, like First American Registry’s, however, focus on eviction cases in housing court.

[lofter1]

This website for "Strategic Information Services" ( http://www.nextgeninfo.com/tenant_screening.php?loc=cts ) states:

TENANT SCREENING

Applicant Credit Report -- We utilize Experian's national database containing files on over 200 million credit-active consumers, ensuring that you will have the most up-to-date and current data available.

Housing Court Record -- Information reported is derived from official public record data. We will provide you with the most current eviction data available.

A Civil Records Search will ensure the prospective tenant does not have a history of questionable behavior. Uncovering the existence of prior litigation might raise concerns about the applicant. Learning the details early will allow you to satisfy any concerns before a rental agreement is made.

Bankruptcies. Determine if your prospective tenant has a previous history.

Evictions. Determine if your prospective tenant has a previous history.

Civil Court Proceedings. We can provide information about civil proceedings involving your applicant, such as contract disputes, negligence, sexual harassment, tax liens, repossessions, or small claim judgments.

[Anna]

Originally posted by lofter1:
This may already have been posted (from Gotham Gazette; Feb. 2006):
http://www.gothamgazette.com/article/housing/20060208/10/1753

Housing Court And Credit Card Ratings

Thanks, but no, that's not it. Tho it does remind me that I may have heard it from Jamie Fishman on that MNN T&N show (he appeared just before the settlement hit the media).

Later in this article, he points out one of the problems w/ using 'judgments' from NYC HC:
"But now, almost every settlement that tenants negotiate with their landlord’s attorneys in the hallways of housing court include “final judgments” on a first appearance, with a warrant for the person’s eviction issued immediately. The execution of that warrant (that is, the actual eviction by a city marshal) is “stayed” generally for 30 days, which is how much time the person is given to pay up."

If memory serves, the credit bureau specified 'only for evictions' (i.e. executed warrants), but is probably mistakenly using 'warrants issued' instead. Warrants can be issued per stips along w/ the judgments or after trial. That's what I'm trying to determine.

ps: none of the big three have any relevant info on their websites.

<small>[ April 22, 2006, 12:10 PM: Message edited by: Anna ]</small>

[lofter1]

Another website, "Accurate Credit Bureau" ( http://www.accuratecredit.com/html/tenantevictionreports.html ), lists the Big 3 and states:

TENANT EVICTION REPORTS AND SCREENING

Equifax / TransUnion / Experian

If you would like to further investigate your potential tenant, eviction reports are inexpensive and are a great tool for screening renters who have been served and sued by previous landlords for not paying their rent.

[HardKnocks]

Well, I have finally filled out my claim form and it is going in the mailbox today. Of course I'll take the hundred bucks, but I'd rather have my name cleared.

We'll see what happens.

[Cranky Tenant]

Originally posted by Anna:
[2. give FAR the last 4 digits of social security number? are they kidding (3x T has very rare name, or at least very rare spelling variation of name, last 4 digits will ID him to the world...)? even Fisrt Amer doesn't have Ts SS#'s: they have the HC INDEX NUMBER: that's what Ts should be required to provide to 'expunge' the record.

I mailed the form shortly befoe the deadline. Not surprisingly, they bounced it back for not including my social security number.

My landlord still doesn't have my social security number. It wasn't an issue during the two or three times I've been to Housing Court. I've already had identity theft problems twice before. Why should I provide my SS# to some anonymous "Claims Administrator" now, with no guarantee of any kind of confidentiality? Sure it's only the last four digits but I'm probably the only Cranky Tenant whose last four digits are 1234.

<small>[ May 30, 2006, 04:58 PM: Message edited by: Cranky Tenant ]</small>

[cestmoi123]

Cranky, how on earth did you rent without giving your LL a social security number for a credit check? Are there really landlords who skip credit checks?

[Cranky Tenant]

cestmoi123 ,
I'm a long term tenant in a RS apartment. Back in those days the most a realtor would ask for was a letter verifying employment or pay stubs. The building has also changed hands several times and apparently, paperwork including leases, didn't travel with the building.

[Anna]

Cranky:
Send this info to Jamie Fishman; perhaps he can include this change in the final settlement.

FAR should require the HC Index #, which is the only ID they received from NYC HC computer.

In the meantime, do what many Ts have done when existing-LL sudddenly insists on T providing SS# (one jerk actually refused to cash T's rent checks until T complied, then sent a Rent Demand threatening eviction...) : provide a fake. (? did Congress repeal that old law which clearly fobids using SS#'s for non-tax (or was it non-gov?) reasons?)

[Cranky Tenant]

Anna,
Thanks once again for your sage advice. I emailed Jamie Fishman last night. He responded this morning asking me to re-submit the form and assured me ithat I will receive a settlement check.

My ex works for Social Security and, far as I know, anyone can ask for your social security number but you're not rquired to disclose it for non tax/govermental purposes.

Ironically SSA used to use employees SS# as health plan identifiers and actually printed each employees SS#, in full, on their health insurance card. It's only in the past year or so that they decided to use an entirely different number to protect privacy.

Also when I was at CUNY, back in the 80s, each department used to post grades according to SS# in the hallways. If there is/was a law against non-government use, then the government must have a very broad definition of what constitures government purposes.

<small>[ June 01, 2006, 01:23 PM: Message edited by: Cranky Tenant ]</small>

[Landlord's Boy]

No SSN
No security deposit refund
No exceptions

[HardKnocks]

LL's Boy:

So you will consider it equally reasonable if your tenants refuse to hand over a security deposit until you give them your SSN? I mean, if a SSN is so necessary for an exchange of funds to take place, surely you won't mind if that works both ways...

[Cranky Tenant]

Originally posted by Landlord's Boy:
No SSN
No security deposit refund
No exceptions

Maybe in your world. Certainly not in mine!!