TenantNet Forum

Where tenants can seek help and help others



LL harrassment

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

Moderator: TenantNet

LL harrassment

Postby kochguit » Tue May 28, 2019 4:02 pm

Longtime rent stabilized tenant--38years. Building has changed hands 6 times. Everytime the building changes ownership, I'm notified that I'm evicted. Which of course is utter nonsense.

Newest LL purchased building 8,9 years ago and is a single business entity--family owned. I was immediately notified of my of eviction. Once again, nonsense, I thought.

My attorney, Steve Dobkin, informs me I should begin looking for a new place; family business entities can throw you out based on the premise they want to install their son in my flat.

Long story, short, they failed. Based largely on their arrogance and sheer stupidity. Now, since long time tenant in flat directly above moved out, they have installed a LL confederate; someone--a lone male who marches back and forth and drops bowling balls on the floor at 3:30 am every night like clock work.

At one point I heard what sounded like a pipe drop to the roof outside my window, 3 amish. A LL worker was there to retrieve it first thing in the morning. I keep my windows open at night for sleeping yearlong. I think the pipe is part of a scheme to pump something? into my flat.

This LL, has a violent rep. Stories abound in this neighborhood, UES, of tenants whom they've had disagreements with being beaten up. If you google their last name you discover a relative of theirs was a mafia don. That's what I'm dealing with. How's your day going?
kochguit
 
Posts: 12
Joined: Sat Jul 11, 2009 2:58 pm

Re: LL harrassment

Postby TenantNet » Wed May 29, 2019 12:39 am

Steve Dobkin (of Collins Dobkin & Miller) are one of our advertisers, and experienced tenant attorneys.

Owner occupancy is still a problem, and legal. And DHCR is tone deaf. See this link

But if you are 62 years old or more, or disabled, the tenant has additional rights. And if the owner is a corporation, there can be no owner occupancy.

But even with that, the law is not really on the tenant's side. You can probably negotiate for additional time to vacate, and maybe moving expense and maybe even a buyout - if you agree not to litigate. That's something you should discuss with Dobkin.

But why did they fail? You didn't say.

The noise from a LL crony? That happens a lot. Document everything. Take photos, make audio/video recordings. Put complaints on record.

Pipe something into your apartment? While stranger things have happened, be careful of getting too paranoid. Not everything is a conspiracy.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9555
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: LL harrassment

Postby kochguit » Sat Jun 15, 2019 1:40 pm

When new LL purchased bldg., 10 years ago ,they installed a bar in the son's name on the ground floor. Numerous noise violations--they had live bands-- from, not only me, but the rest of the bldg. Most of the bldg. was rent stabilized then. They lost my eviction case based largely on it being a retribution action. I'm pretty sure they're out of legal maneuvers to get me out of here. Which leads me to my present situation; they've got a professional agitator directly above me. Before he moved in, they ripped out the floor boards installing speakers and (?) I need investigation consultation service to help me quantify in an evidentiary fashion. Any suggestions?
kochguit
 
Posts: 12
Joined: Sat Jul 11, 2009 2:58 pm

Re: LL harrassment

Postby TenantNet » Mon Jun 17, 2019 12:40 pm

With the new rent law, there are new rules on owner evictions. While the new law is still being parsed and debated. some issues are becoming clear.

See Part "I" (I not L) of the "Housing Stability and Tenant Protection Act of 2019" at https://legislation.nysenate.gov/pdf/bills/2019/s6458

According to a summary from Legal Aid/Legal Services,

"Part I: Owner Occupancy. Owner has to use apartment for his or his family’s primary residence, can only be for one unit, and the landlord has to show “immediate or compelling necessity”, doesn’t apply to a tenant who has been in residence for more than 15 years. Creates a cause of action for tenants who surrender due to fraud of landlord."

So that's only one unit per building. If they have already obtained another unit using Owner Use, then they can't now do it a second time.

The "immediate and compelling necessity" probably will make tenant defenses stronger.

And since you've been there longer than 15 years, you should be OK.

Of course new laws get "interpreted" along the way, so this early we can't say anything is absolute.

As for the bar, that's ruled by the State Liquor Authority. Live bands are not always legal. Depends on zoning and the "method of operation" restrictions - if any - on the SLA permit. You can make a fuss with the local community board and also with the SLA when they renew the license. But make sure you have groups of people complaining.

How do you know they ripped out the floor boards and installed speakers? Can you prove that?

If you want to hire a professional investigator, that's going to cost you some money.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9555
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: LL harrassment

Postby kochguit » Mon Jun 17, 2019 1:23 pm

Bar is long gone. All rent stabilized tenants in this 4 floor walk-up, save for one, have left or been evicted. My eviction proceeding took place a number of years ago. They lost my eviction proceeding. It's the professional agitator in the apartment upstairs that has me concerned. Speakers under the floor boards will be proven when their floor is ripped up or my ceiling is removed. The noise is annoying harassment. I'm more worried about what is being pumped into here. I need advisement on aggregating harassing events in an evidentiary manner.
kochguit
 
Posts: 12
Joined: Sat Jul 11, 2009 2:58 pm

Re: LL harrassment

Postby TenantNet » Mon Jun 17, 2019 1:34 pm

See, you're making assumptions as to the speakers. You can't make accusations unless you can prove it, or show some evidence. Just because something is loud, that does not mean there are speakers where you say they are. Maybe they're just on the floor of the apartment.

"Pumped into here..." You have to fight the urge to be paranoid or to create conspiracies. Seriously, that's how tenants are labelled "crazies."

Not saying you are, but I understand the urge. When you say things like that, that undermines your credibility. Simply saying the noise is too much is sufficient.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9555
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: LL harrassment

Postby kochguit » Tue Jul 21, 2020 6:46 pm

I have aggregated a compendium of evidence against LL and confederate upstairs. I need a reputable private detective business to help me make sense of everything. I'm hoping that such a firm has actual moonlighting detectives. This would involve more of document, file research as opposed to London Fog, fedora, sleuthing. Any recommendations would be appreciated
kochguit
 
Posts: 12
Joined: Sat Jul 11, 2009 2:58 pm

Re: LL harrassment

Postby TenantNet » Wed Jul 22, 2020 2:10 am

This is an old thread - it's been a year since the last post, so I just scanned it quickly. Seems the tenant claims the LL has installed speakers beneath the floorboard of the unit above him/her (as opposed to just being placed on the floor), and the tenant in the upstairs unit is paid by the LL to harass the tenant.

The problem is that noise issues are common in NYC, and usually caused by tenants who are not in the employ of landlord. In many cases the upstairs tenants do not realize the hell they are creating for the affected tenant, or don't care and just plain rude.

No matter what the motivation these are near impossible cases to try in court. I know tenant attorneys that simply will not take on such cases -- not only because of the difficulty but because it pits tenants against other tenants.

If the tenant can prove the upstairs tenant is paid by the LL, that would make things easier. But proof is often elusive.

As to "evidence," well that depends on what is admissible in a court case, and then subject to proof and credibility. I hate to say this, but this is a difficult burden for the tenant. Keeping documents of when noise/music is played, i.e., 3 AM, well that helps, but if the accused tenant denies it, well that makes it problematic.

We don't know what evidence the poster has, but hiring private investigators can be expensive. They are not attorneys, but can certainly help sort through things. Unfortunately we don't know of any. We do know a process server that can do what's known as "skip tracing," but that's not what the tenant seeks.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9555
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: LL harrassment

Postby kochguit » Wed Jul 22, 2020 3:52 pm

To the person replying to my posts: If you are a tenant attorney, can I book an hour of your time?
kochguit
 
Posts: 12
Joined: Sat Jul 11, 2009 2:58 pm

Re: LL harrassment

Postby TenantNet » Wed Jul 22, 2020 4:40 pm

I am not a tenant attorney. Look at the tag below each of our posts, "Information from TenantNet is from experienced non-attorney tenant activists and is not considered legal advice."

However real tenant attorneys do advertise on this site. Look at the very top of the page (there are more ads on the home page) for their advertisements. Reload the page for a different ad. If you speak with any of them, please tell them you saw their ad on TenantNet. Their advertising dollars keep this site alive.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9555
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: LL harrassment

Postby kochguit » Mon Aug 24, 2020 9:58 pm

I am in need of a reputable, fair, thorough detective agency--maybe one that frequently works with tenants. If anyone could pass along a recommendation, I would greatly appreciate it.
kochguit
 
Posts: 12
Joined: Sat Jul 11, 2009 2:58 pm

Re: LL harrassment

Postby TenantNet » Mon Aug 24, 2020 11:16 pm

I know a good process server, but not a detective agency. Servers can do skip-trace searches, but they aren't private eyes. I would be very careful in selecting investigators as there are people who promise the world at inflated prices, yet are not effective, or con men.

One tenant attorney suggested this firm:

https://www.targetresearch.com/
We do not know them and have no opinion if they are effective. This is not a recommendation.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9555
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: Google Adsense [Bot] and 21 guests