Rental Basics in Brooklyn>Question Details

Raheem X, Other/Just Looking in Brooklyn, NY

WHAT SHOULD i DI IF i AM BEING ILLEGALLY EVICTED?

Asked by Raheem X, Brooklyn, NY Tue Oct 20, 2009

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STEPS TO FOLLOW IF YOU HAVE BEEN UNLAWFULLY EVICTED:

1. Call the police. You may be directed to go to the precinct. If so, an officer will accompany you back to your apartment. (if the owner has removed the locks or door, explain to the police that you cannot leave your apartment unprotected and demand an officer come to the location.) Whether over the phone or in person get the name or badge number of any police personnel you speak with. In many cases the police will see this as a civil case and not within their jurisdiction. Mention the Police Patrol Guide procedure #117- 11 and if they still refuse to assist, demand to speak with a sergeant or whoever is in charge. In some cases you will end up having to make a complaint about the officer(s) with the Civilian Complaint Review Board.

2. It can be extremely helpful to present the following types of information to the police when seeking their assistance in an unlawful eviction:
1. A copy of your lease

2. Rent receipts

3. Utility bills

4. Mail addressed to you at the building in question.

5. Statements of non-involved parties such as neighbors.

6. Any written documentation of violations or harassment between you and the owner/landlord. This is not a legal requirement, but it does add credibility to your claim.

7. The address and phone number of the landlord, the super and/or managing agent

(it may make sense if you suspect the landlord may attempt an illegal eviction to keep copies of any of the above at another location so you can prove your claim. In many cases the proof the tenant needs is locked in the apartment where they cannot get access.)

If you get back in:

1. You should contact a local housing group immediately.

2. If you have a court case pending, go to court to file contempt.

3. Contact the City-Wide Task Force on Housing Court Coordinator (usually located in the lobby of your borough housing court).
Web Reference: http://www.clovelake.com
1 vote Comment Flag Tue Oct 20, 2009
Simple- File a "Show Cause" with the housing court that represents you. They will hear your case and determine merit.
0 votes Comment Flag Wed Oct 21, 2009
If that is case confer with attorney.

Review terms and conditions for executed lease agreement determine why's of eviction. Hearing with Judge will determine status of who "rules " on which terms, conditions and violations of lease.

If property foreclosure you don't have any recourse lender is wanting take possession. In some instances bank will "pay cash for keys" have you move within a certain time period than an eviction.

Not knowing all particulars difficult render an opinion

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0 votes Comment Flag Tue Oct 20, 2009
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