t0nythelover Posted August 20 Report Share Posted August 20 so after being kicked out i finally got some info that helps. according to the 1982 illegal eviction law it is unlawful to evict or lockout someone without a court order if they are a tenant or occupant, it is not neccessary to have your name on the lease. im gonna go to the police tommorrow to get this worked out. police patrol guide procedure 117-11 states that the police have to escort you back to your home and can arrest the landlord, superintendant, or whoever locks you out. im hoping things work out tommorrow cuz i dont wanna spend another night bumming on the streets.http://www.tenant.net/rights/illevict/illevict.html Quote Link to comment Share on other sites More sharing options...
i3itch Posted August 20 Report Share Posted August 20 Good luck Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 20 Author Report Share Posted August 20 thanx babe i need it... Quote Link to comment Share on other sites More sharing options...
disk-ofreak Posted August 20 Report Share Posted August 20 ya good luck too, but do u really want to move back in there after everything???? Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 20 Author Report Share Posted August 20 i dont really have a choice right now, its that or the subway...at least this way i can have sometime to find a place and possibly collect damages from the building for being locked out all this time...i think its $250 for the first night and $100 dollars for everynight of illegal lockout and its almost been a week for me. me and my gf just need some time to save up some cash to find a place. im sure if i go to court it will take some time which will help me save money. i dont want to live there but i also cant be assed out over night. if this all works out youll see me partying my ass of at the roxy this friday. Quote Link to comment Share on other sites More sharing options...
disk-ofreak Posted August 20 Report Share Posted August 20 Originally posted by t0nythelover me and my gf just need some time to save up some cash to find a place. didn't she blow all the money you were "saving" on drugs last time??? i'm sorry that u have no choice but to go back, you situation really sux right now, but i think u gotta find your own place, if u want to work out you relationship with your g/f then good luck, but it would probably help if your weren't livin with her and her parents;) Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 20 Author Report Share Posted August 20 Originally posted by disk-ofreak didn't she blow all the money you were "saving" on drugs last time??? i'm sorry that u have no choice but to go back, you situation really sux right now, but i think u gotta find your own place, if u want to work out you relationship with your g/f then good luck, but it would probably help if your weren't livin with her and her parents;) i know...were resolving our issues...she sees that now things have come to a head and there needs to be a change. she loves me and loves her family too so its tough for her. we should be able to find a new place within a month or two hopefully but chances are we can stay there if we need to. her family doesnt live in the country and stays only a week at a time in the apartment when they come. worst case scenario we can crash somewhere for a week when they come. i guess me loving my gf complicates things...and i know i should probably just leave her alone but its hard to be alone just because her family doesnt like me...ah forbidden love (and the drug thing is going to be resolved... Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 20 Author Report Share Posted August 20 What is an illegal eviction?he Unlawful Eviction Law1 (NYC Administrative Code Section 26-521) makes it illegal for anyone--a landlord, superintendent, marshal, or sheriff -- to evict or try to evict a lawful occupant of an apartment without a court order. It is illegal for a landlord to tell you to move out by a certain day, and then come and remove your possessions if you do not leave the apartment. It is also illegal for a landlord to force you to move by changing your locks, removing your door, or cutting off your heat or hot water. Even if you owe rent, or your lease is up, you cannot be evicted until the landlord sues you, gets a court judgment against you, a warrant of eviction is issued, and the marshal comes to your door. If a landlord evicts you illegally, he or she can be arrested and charged with a Class A Misdemeanor. The City can bring a case to fine the landlord.1 N.Y.C. Administrative Code, Section 26-521Who is protected by the Unlawful Eviction Law? Tenants with leases People who have lived lawfully in a place for thirty or more consecutive days, with or without a lease Subtenants, roommates and relatives who have lived in an apartment for at least thirty consecutive days (even if they are not on the lease and have not made any direct payments to the landlord) Residents of rent stabilized hotel rooms who have made a request for a lease What types of actions would be an unlawful eviction? Using or threatening to use force to get you to vacate your home Cutting off essential services such as heat, electricity or water Removing your possessions from your home Removing the door of the residence Removing locks or changing the locks without giving you a copy of the new key Plugging the lock to the apartment or home, or otherwise making it inoperable Doing anything that interferes with the enjoyment of your home and that is meant to make you move out. Who can be charged with violating the law? Any person, company, or corporation directly or indirectly in control of a dwelling. This includes: Owner/landlord Managing agent of building Superintendent, janitor, or repairperson Doorman Primary tenant who has entered into an agreement with a subtenant What should you do if you think your landlord might evict you illegally?If you think your landlord might illegally lock you out of the apartment or otherwise try to illegally evict you, keep some documentation with you at all times that you could show to the police to prove that you live in the apartment. Any of the following documents would be helpful: Lease Rent receipts Utility bills showing your address Public assistance or government benefits records showing your address Other mail addressed to you at the residence Statements of friends or neighbors Copies of any court papers or notes you have taken which relate to past incidents or violations by your landlord. What should you do if you are illegally locked out of your apartment? Call 911 or go directly to the local police precinct. If the officer who is assisting you is not responsive to the problem, refer the officer to Police Guide Procedure 117-11. This Police Guide explains the Unlawful Evictions Law to police officers and tells them what to do when an illegal eviction is reported. If the officer does not know about the law or is unwilling to respond to the lock-out, ask to speak to the Desk Sergeant. Take an officer back to your apartment or room. Usually, the police will not want to go unless the landlord or superintendent is at the building. If you need additional assistance, contact a community organization or legal services office for assistance in bringing a legal case. What should you do if you can't get back into your apartment? Go to Housing Court to get an Order to Show Cause to put you back into the apartment. After you get the papers signed by a Judge, deliver them to your landlord as you are told in the court papers. Go immediately to a Legal Services or Legal Aid office to see if they can help. Call the State Office of Temporary and Disability Assistance, (800) 994-6494, to try to get a placement in an emergency shelter, or stay with a friend or relative. Call Victim Services at (718) 577-7777 to get information 24 hours a day. What should you do if your utilities are illegally cut off? If your gas or electricity has been cut off, check with Con Ed or Brooklyn Union Gas to find out the reason for the cut-off. If you pay for your own services and are told that your landlord requested shut-off of the services, ask to speak with the utility company branch manager. Inform the manager that you did not authorize the shut off and demand that services are restored immediately. Call the Public Service Commission at (800) 342-3377 to report any unauthorized shut off of services by a utility company. If your utilities are being shut off from inside the building, call the police. Also, call the Tenant Hotline at the New York State Department of Housing Preservation and Development at (212) 960-4800 and register a complaint. Go to Housing Court and start an HP proceeding against your landlord or request an Order to Show Cause based on illegal eviction. Quote Link to comment Share on other sites More sharing options...
lizard23 Posted August 20 Report Share Posted August 20 Weren't you staying at her parents place? They have no obligation to keep you there or to pay damages to you at all. The laws/codes that you have found are landlord-tenant laws that are only applicable to people who have a lease or agreement that will hold up in court. If you were kicked out by her parents, then there's really nothing you can do unless your name was on the lease. I just recently had a problem with my apartment complex, so I studied up on a lot of these laws/codes and as nice as they sound in writing, most places have made damn sure that they are not and never will be in violation of them. From previous posts, it sounds like your case is personal (ie b/t you, your girlfriend and her parents) and like I said earlier, these laws/codes don't mean jack shit in your case (but please correct me if I'm wrong.) Quote Link to comment Share on other sites More sharing options...
lizard23 Posted August 20 Report Share Posted August 20 Ok, I just read your post asking for legal advice and from the sound of your situation, probably the only thing that can be done is that the police can escort you back there and make her parents let you in to get your belongings, but since you are not on the lease, not paying rent and not being evicted by the apartment management, I really don't think that you have a solid eviction case. There is no reason why her parents can't tell the doorman not to let you in to their place if that's whose name is on the lease and who pays the rent. Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 21 Author Report Share Posted August 21 Originally posted by lizard23 Ok, I just read your post asking for legal advice and from the sound of your situation, probably the only thing that can be done is that the police can escort you back there and make her parents let you in to get your belongings, but since you are not on the lease, not paying rent and not being evicted by the apartment management, I really don't think that you have a solid eviction case. There is no reason why her parents can't tell the doorman not to let you in to their place if that's whose name is on the lease and who pays the rent. People who have lived lawfully in a place for thirty or more consecutive days, with or without a lease Subtenants, roommates and relatives who have lived in an apartment for at least thirty consecutive days (even if they are not on the lease and have not made any direct payments to the landlord) did u read this part, it says i dont have to be on the lease. and i dont have to pay rent. i get to stay until the court date where im ordered to leave. Quote Link to comment Share on other sites More sharing options...
joeg Posted August 21 Report Share Posted August 21 Originally posted by t0nythelover People who have lived lawfully in a place for thirty or more consecutive days, with or without a lease Subtenants, roommates and relatives who have lived in an apartment for at least thirty consecutive days (even if they are not on the lease and have not made any direct payments to the landlord) hope everything works out well for ya, tony... keep us posted. Quote Link to comment Share on other sites More sharing options...
guest00901 Posted August 21 Report Share Posted August 21 Not to sound rude..... but if ur homeless.....how are you posting? Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 21 Author Report Share Posted August 21 crashin at my boys crib for tonight Quote Link to comment Share on other sites More sharing options...
lizard23 Posted August 21 Report Share Posted August 21 Originally posted by t0nythelover People who have lived lawfully in a place for thirty or more consecutive days, with or without a lease Subtenants, roommates and relatives who have lived in an apartment for at least thirty consecutive days (even if they are not on the lease and have not made any direct payments to the landlord) did u read this part, it says i dont have to be on the lease. and i dont have to pay rent. i get to stay until the court date where im ordered to leave. I really don't think you have a case that is going to stand up in court, the laws that you are referring to reference tenant-landlord laws that are only effective when a lease or agreement have been entered into. You admit that you've never payed rent there any way, so why should these people give a shit whether they kick you out or not, legally, there is nothing binding you to their place and they have no obligation whatsoever to allow you to stay there. Go get your belongings, get a job and find your own place - problem solved. Quote Link to comment Share on other sites More sharing options...
joeg Posted August 21 Report Share Posted August 21 Originally posted by lizard23 I really don't think you have a case that is going to stand up in court, the laws that you are referring to reference tenant-landlord laws that are only effective when a lease or agreement have been entered into. You admit that you've never payed rent there any way, so why should these people give a shit whether they kick you out or not, legally, there is nothing binding you to their place and they have no obligation whatsoever to allow you to stay there. Go get your belongings, get a job and find your own place - problem solved. reading comprehension problem??? Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.