[goseahawks]

Four months ago our NY county court changed its policy on agents handling tenant evictions. I have always handled my mothers income property for her including evictions. With myself on the paperwork as agent for owner. What I've been told is only the owner or attorney can sign the petitions and only one or the other must be present in court. The court clerk also explained having my mothers power of attorney won't be allowed either. Can this be legal? I thought a full power of attorney meant just that... full authorization to represent her wishes. Any thoughts?

[Fr_Chuck]

Of course I am not an attorney in NY, but this needs to be challenged, it should not be legal. But you would have to try and do it, and be rejected, then you can file suit against them.

[landlord advocate]

Four months ago our NY county court changed its policy on agents handling tenant evictions. I have always handled my mothers income property for her including evictions. with myself on the paperwork as agent for owner. What I've been told is only the owner or attorney can sign the petitions and only one or the other must be present in court. The court clerk also explained having my mothers power of attorney wont be allowed either. Can this be legal? I thought a full power of attorney meant just that....full authorization to represent her wishes. any thoughts?

Actually the law is several years old. Property Managers always went to court for their clients. Going before the Supreme Court, it was decided that property managers were "practicing law without a license" by representing their clients. In your case, since it is your Mother's property, have her sell you 1% of the property. You will then be an owner and everything will run smoothly. My opinion only, buy a Quit Claim Deed at Office Max. Be sure to bring your proof of ownership to court, just in case someone asks. Power of Attorney has never worked well in housing court.

[amjask]

Hmm! I thought this was just Albany. I'm starting to hate New York. They want people to live in your apartments for free. Collect welfare give them free phones and then pay for full time childcare while they take nothing classes, like how to use a computer. Ugh. So upset how the system is designed to give landlords the hardest time ever, and give tenants all of the rights and privileges that they DO NOT deserve! My story is a woman comes in my $700 apartment starts to move things in and hands me a check for $350. She promise to have the rest by Wed. Long story short, no money Wed and phone tag and hideNseek for the next week and a half. Can't get her out cause United tenants said I must give her a 30 day letter. Then wait it out, then file eviction, win, then file sheriff papers, wait another week then gets out. Yay for the tenant for getting 6 more weeks for free and $165 out of my pocket to get her out. Net loss $1,215.00. How is this fair.

[AK lawyer]

... How is this fair.

The law is not always fair. And the situation you describe is not apt to just occur New York. It's pretty-much universal. So, next time, plan better. Have an iron-clad lease. Get the full amount of rent plus a hefty deposit in advance. Etc.

This, by the way, although it's some 5 years old, begs for a comment. It is very lousy advice:

... In your case, since it is your Mother's property, have her sell you 1% of the property. You will then be an owner and everything will run smoothly. My opinion only, buy a Quit Claim Deed at Office Max. ...