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View Full Version : Landlord wants to evict family for complaining about bed bugs he ignored!


evictedmom
May 23, 2011, 03:14 PM
My baby, husband and I rent a CO-OP Apt. in Queens NY for about 6 years now. Our Landlord is a scum bag and absentee landlord.
The building was infested with Bed Bugs for over 10 months last year. The Co-op board ignores tenants that rent units. Plus they told us that our landlord is responsible to exterminate BB's. After notices and reporting landlord to the city he still refused to help us. We were forced to deduct extermination costs out of 1 months rent. My baby and I became very allergic to the bites. We paid hundreds in medical bills. The scum bag proceeded to harass us with a 200% rent increase on a small one bedroom unit. WE did NOT pay the increase.
Now he is trying to evict us. He never cared to renew, or increase rent etc.. Until after we complained. He is obviously retaliating against us.
We do NOT owe rent. We are all paid up. He has nothing against us.

Now two weeks ago, right before 1st Housing Court session, we lost our job and unemployment benefits. We do not have family nor friends to help us. We understand when we return to court the judge might give us 3 to 6 months to vacate. I just want to know, WHAT PENALTIES OR FINES WILL OUR LANDLORD GET?! There are new laws in NYC against negligent landlords who harass tenants and neglect recent bed bug crisis. What he has done is despicable! If he does not face penalties, the next tenants can become victimized as we are/were.

Signed;
Soon to be homeless, and bed bug bitten.
P.S.; Personal Injury case is pending ;) Not going down without a fight!

ScottGem
May 23, 2011, 03:28 PM
First, a Co-op is an apartment building where people buy shares in the corporation that owns the building, these shares entitle the shareholder to use a unit in the building. Co-ops are managed by a Board of Directors elected by the shareowners. Most co-ops do not allow shareowners to rent out their units.

Have you checked with the board to see if shareowners are allowed to rent? That is why, by the way, the board doesn't care about renters.

What have you done to prosecute the landlord? Have you gotten the unit inspected by the Housing Department? Has the landlord been cited by the department? Has he ignored orders from the Housing Dept?

Do you have a lease?

evictedmom
May 23, 2011, 10:43 PM
- Have you checked with the board to see if shareowners are allowed to rent?
Answer: yes it's very common here that shareholders rent out their units. Its income property. Our landlord never attends co-op board meetings and doesn't care about what's going on. We told him many times that coop board will only deal with us through him/shareholder. 

-What have you done to prosecute the landlord? 
Answer: We filed in supreme court for personal injury case
But that can take a year or more to resolve. We have evidence of BB's photos of bites etc...  
We got his eviction notice two days before housing court date. We got an extension to prepare our case. We return in two weeks. We will file for counter sue forms etc. with housing court 
Prior or after. We can't afford an eviction attorney.

-Have you gotten the unit inspected by the Housing Department? 
Answer: Yes! They inspected two times! They contacted landlord and he ignored them.

- Has the landlord been cited by the department? Has he ignored orders from the Housing Dept? 
Answer: We aren't sure but the building and our unit is still listed as open violations for vermin. 

-Do you have a lease?
Answer: No. The landlord never cared to renew our 1 year lease since 6 years ago. But he's been happy to take nearly $70k in rent from us. 

BTW- extermination cost him $900 out of $1300 rent. He's been harassing us over $900 to exterminate BB's. He is insane.
I want to know what his penalties will be. 

ScottGem
May 24, 2011, 03:14 AM
First as to the personal injury suit, I think you may have a good case, but, as you say, that will take time to process. The good news is that you have a tangible asset to attach if you win.

As to what fines he will be assessed for his actions (or lack thereof), I don't know for sure. You can contact the inspector in charge of the case for this information.

If you haven't already, I suggest you file a lien on the shares immediately or, at least a notice of ongoing litigation. This will protect your interest in the shares (assuming they are not mortgaged to the hilt).

You already had a housing court hearing scheduled before he got the eviction order? That case would have had nothing to do with the eviction so why postpone it?

Oh and $1300 even for a one bedroom in NYC is not a lot, $70K over 6 years in NYC is not a lot so I would not try to make that point. Your argument should simply be that he has not lived up to his responsibility as a landlord to provide a habitable environment. I also think you may have a case for including the Board in your suit. If the problem was specific to your unit, no. But a vermin infestation is a whole building issue. The whole building should have been treated and each shareowner assessed a portion of the costs.

evictedmom
May 24, 2011, 06:54 AM
- You already had a housing court hearing scheduled before he got the eviction order? That case would have had nothing to do with the eviction so why postpone it?
Answer: No. We got eviction notice 2 days before landlords scheduled hearing. The landlord and courts waited last minute to send notices to us. We postponed to 'buy us time' and to file counter suit for harassment papers at court etc. That day we met with landlords attorney. He asked us to settle on an abated rent.  No! We want a judge to hear what his scumbag client has done and decide the abatement. 

We always thought about bringing the co-op board in on this too. When vermin and health risks endanger other shareholder units, renting or not... all tenants should've been informed about the infestation. They were trying to avoid any financial responsibility like the landlord.

We are considering to subpoena Superintendent & president of co-op board who 
(while in laundry room) confirmed the infestation and told us coop won't exterminate BB's. 
Anyway, we notified the city of the vermin & that the landlords and the co op board were ignoring tenants in the building. Will housing court fine the Co-op Board too? 

ScottGem
May 24, 2011, 09:31 AM
They may. I'm not an expert on this, but you can't just treat one unit for such an infestation. While it might clear that unit, ti would only be temporary as the infestation will move to another unit then come back.

Did the landlord give you a pay or quit or termination notice prior to going to court? They are required to do so first.

And yes you should subpeona the Board records of complaints at the least. To show it was not just your unit.

evictedmom
May 24, 2011, 11:25 AM
Did the landlord give you a pay or quit or termination notice prior to going to court? They are required to do so first.
ANSWER: Yes, A 30 day notice of eviction proceedings was sent to us prior to the Eviction notice to appear in housing court.

I'm not an expert on this, but you can't just treat one unit for such an infestation. While it might clear that unit, ti would only be temporary as the infestation will move to another unit then come back.
ANSWER: Since end of last year we have not been infested again. We noticed our neighbors dumping furniture and caring for their units. We assume the infestation got worse and shareholders/tenants are forced to deal with it. As for us there is no guarantee that bugs won't return. Again, my family and I were very ill from bites and exterminating fumes. We don't know what we will do if it happens again. Im wondering if a local news station would like to report this story. Of course I would prefer my identity blocked out.
Or morph my voice to interview.