To residents in Suffolk County, eviction is a dreaded threat. Not only does it remove them from their home, but having an eviction on their record can make it nearly impossible for them to find another affordable place to rent. A new trend sweeping the nation’s cities could give them yet another reason to be fearful of this outcome.
Many cities have passed or are considering laws known as nuisance property ordinances. These laws are designed to deal with neighborhoods that have high crime rates. Under such ordinances, landlords are required to evict tenants if the property requires frequent visits from the police due to 911 calls from the tenants or neighbors. Although the laws sound good in theory, their application has resulted in some unexpected consequences.
A Case in Point
One single mother in Pennsylvania discovered firsthand how this legislation might affect some tenants. She had called 911 at various times because of an abusive boyfriend. After one call, the police told her that they would ask her landlord to evict her if they were called again. The abusive boyfriend was released from jail and showed up at her property demanding to stay. Rememberig the police’s warning, she felt that she had no choice but to let him in. Within a few days, there was another argument with the man that resulted in him attacking her with a broken ashtray. Despite the four-inch laceration on her neck, she begged her neighbor not to call 911 lest she be evicted. After she passed out, her neighbor called, and she was airlifted to the hospital for treatment. Despite her obvious injuries, city officials ordered her evicted from the property.
Evaluation of the Laws
Once the woman got the ACLU involved, the city backed down from its eviction demand, but these laws are still on the books in numerous other cities and towns. It may not be long before Suffolk County evictions are occurring on this basis as well. Although no one wants to live in a neighborhood with a crime-ridden property, there is some question as to whether penalizing residents for calling 911 is the right answer. Such laws seem to unfairly discriminate against battered women and minorities. They also make individuals hesitant to call the police when they need help. When the laws are used as the basis for an eviction, the affected parties have little or no legal recourse.
It is important for area residents to be aware of the guidelines governing Suffolk County evictions, and it is always a good idea to secure legal advice whenever you have a concern that your home may be in jeopardy. The attorneys of David Witkon Law are experienced in dealing with landlord tenant situations and can help you think through your available options. Contact the office today for a free consultation.