| frank noll | Thursday, August 29, 2002 - 02:07 pm
My parents who are in their late 70's and have lived in an apt of a 3 family private house for 24 years have been given 2 months to move by the landlord. The landlord wants the apt for a family member. Can they be evicted on such short notice? |
| Ronin | Tuesday, September 03, 2002 - 10:16 pm
Short answer: Yes.
It sucks royally. You neglected to say which neighborhood we are talking about, but there are two groups in Brooklyn that have had tremendous success in fighting off LL's who evict longterm senior citizen tenants on short notice.
The Pratt Area Community Counsel and the Fifth Avenue Committee (both seen here on Rent Wars News), are both Brooklyn based groups that have posted "Displacement Free Zones" in their areas, Fort Greene and Park Slope.
Even though the law doesn't provide much protection to seniors in unregulated apartments, community pressure against a LL can shame the vile miscreant into relenting and not evicting helpless seniors (who can't find other places to live).
Both groups use lawyers to defend against the evictions, politicians to attack such abuses, and the press to get the word out to everyone. But what usually seals the deal is when they arrive en masse in the suburban enclave the sub-human LLs usually call home and picket in front of his luxury house and hand out flyers to his neighbors. The shame of having their neighbors know that they are evicting a helpless senior is usually the clincher and the LL backs down and apologizes (usually with a face-saving, "I didn't know").
They have had a great deal of success, but some losses as well. Some LL's are simply shameless scum who are proud of evicting helpless seniors.
More info on the PACC is avialable on their website:
www.prattarea.org and 718-522-2613
The 5th Ave Committee info:
www.fifthave.org and 718-857-2990
Even if you are not in their target areas, they may be able to help point you in the right direction.
Also check the Met Council (see help section) as they also have experience dealing with this type of stuff citywide.
Good luck to you and your parents. Let me know if you and your folks would be interested in appearing on TV to discuss your situation.
Ronin |
| Ronin | Tuesday, September 03, 2002 - 10:19 pm
One more thing, just because it is legal to end the tenancy on short notice doesn't mean the tenant goes homeless on the LL's schedule.
On a holdover eviction the judge has discretion to extend the "time to move" up to 6 months. So in a case involving seniors you should get the maximum time to move even if you lose. If you don't, let me know about it and I'll make sure any judge who would dare to shortchange seniors will have a record of doing so. |
| FrankNoll | Wednesday, September 11, 2002 - 07:58 pm
Thanks for the information...you have confirmed a lot of what I have found out independently.
By the way the neighborhood they live in is Greenpoint Brooklyn. |
| Anonymous | Thursday, September 12, 2002 - 09:20 pm
mr. ronin...
u say shortchanging seniors...u definitely seem prejudiced in your views....
i definitely believe that seniors should be given special treatment...however, i do not believe that the landlords are the ones that should be forced to give it to them....
for example, say there are two buildings, A and B. what if both building are alike in all respects except building A has no senior citizens and building B has half of its tenants as senior citizens...is it fair that under the SCRIE for regulated units, building B can't make a profit on half of it's units and building A does?
i dont think it's fair at all....
i beleive that senior citizens should be given preferential treatment but the cost should be shared equally by all.....
i do not believe that the costs should be shouldered by one individual (the landlord)but should be shared by the entire community..... |
| Ronin | Thursday, September 12, 2002 - 09:58 pm
To Frank:
Glad I could help inform you.
To anonymous:
I think you are the same guy... Please pick a name!! You post too often to be simply anonymous- it makes the thread of your argument harder to follow.
As for your point about SCRIE. If I'm correct SCRIE is a program that PAYS the LL the difference between the frozen rent and what it would have been if raised. It is administered by the Dept. of Aging and is much like SSI. So I think that was a bad example. Please correct me if I'm wrong.
As for bias... That too is a bad example. The public policy of protecting seniors is the law of the land. Judges are sworn to uphold the law of the land. When a judge refuses to protect a senior as provided by law then he or she is shortchanging them. Given the clear public policy and the political backlash that can occur to any judge engaged in this unlawful conduct, I in no way apologize for offering to assist in speeding up the process of judicial accountability..... (whew! that was a mouthful).
In any case, as much as I disagree with you I appreciate your participation.
Ronin |