Foreclosure Over a $6.00 Debt? | Long Island Landlord Tenant Lawyer

Foreclosures in Brooklyn and throughout the New York area are something that every homeowner works hard to avoid. Most individuals know that missed mortgage payments can lead to this unfortunate outcome, but they may not realize that missed tax payments can have the same result. One Pennsylvania widow has learned this fact the hard way.

The Story

Eileen Battisti, a widow living in western Pennsylvania, resides in a home worth approximately $280,000. When her husband passed away in 2004, she had to assume responsibility for the finances. As she struggled to sort things out, she fell behind on some of the property taxes due on the home. Battisti tried to take care of the debt by paying off all the taxes of which she was aware. Unfortunately, she missed a $6.30 charge that had been listed on her 2009 tax bill. By late 2011, late fees and penalties were added to that amount for a total of $235 owed to the county. Battisti states that she received no further notice of her debt until she was informed that her house was scheduled to be sold at auction. Upon receiving the notification, she attempted to obtain a court hearing but was denied. Her house was sold for $116,000 – a fraction of its worth.

The Next Step

Just like smart homeowners facing foreclosures in Brooklyn, Eileen refused to give up without a fight. She went back to court and filed an appeal of sale. Under the law, the new owner cannot take possession of the property while the sale is being appealed, so Eileen has been living in her “sold” home for nearly two years. Recently, a judge ruled that the court should not have denied her original request for a hearing. The relatively small amount owed compared to the value of the home should have at least merited a consideration of her case.

The Back Story

The final outcome for Eileen Battisti remains to be seen, but at least she will have an opportunity to present her case in court. Her situation is not an isolated one, however. Many local governments are using delinquent tax payments as a way to bolster tight budgets and are aggressively pursuing homeowners with late or missed payments. Although this particular case may have been mishandled, many others have been conducted completely within the law. One report states that a year’s tax lien sales equal more than $15 billion.

If you are facing foreclosure due to delinquent property tax payments, it is important to obtain good legal representation as quickly as possible. The professionals of Witkon Law are ready to help with foreclosures in Brooklyn and throughout the Long Island area. Contact our office today for a free consultation.

What to Do When Your Landlord Doesn’t Make Repairs | Long Island Landlord Tenant Lawyer

MIdwood1Condos

MIdwood1Condos (Photo credit: Wikipedia)

Long Island Landlord Tenant Lawyer

Brooklyn landlord tenant relationships can have many issues, but a major one occurs when landlords do not adequately maintain or repair their rental units. Residents of one Brooklyn apartment building are taking legal action to deal with this problem.

Complaint of the Tenants

After dealing with issues since 2005, individuals living in the Midwood neighborhood of Brooklyn have finally had enough with their landlord. According to their reports, needed repairs are not being done, and the little work that is done is substandard and short-lived. One man’s oven has been out of order for over a month. Another resident complained of recurring problems with the building’s elevator, including a recent five-hour outage. The city has also recognized issues with the management of this complex. The building has more than 250 open violations for such things as a broken water line, defective ventilation in the garage, and a leaky roof. The tenants are suing the holding company for immediate repairs of all violations.

Defense of the Landlord

Despite these complaints, the management company alleges that they have done nothing wrong. The current management purchased the building in 2007 and blames many of the problems on poor maintenance by the previous owners. They state that they have spent more than $1.6 million on improvements and renovated 83 apartments since they acquired the building. According to the company, the majority of the open violations have been addressed, and they are unaware of any current complaints from the tenants. Obviously, residents who have complained to the building superintendent about peeling paint and leaking pipes find these statements rather hard to believe.

What Can Be Don

Regrettably, this situation is not isolated. Brooklyn landlord tenant relationships are often strained when management does not respond to repair requests. As this scenario makes clear however, tenants do have options when this problem occurs. The initial step is to ensure that the problem is not due to the tenant’s own neglect or abuse. Next, the resident must report the problem to the building superintendent and allow a reasonable time for a response. If the issue is not dealt with appropriately, the tenant has a number of options including contacting the city for a housing inspection, withholding rent to cover the repair cost, or suing the landlord. Before taking any of these steps, it is important for the tenant to safeguard himself by seeking legal counsel.

If your Brooklyn landlord tenant relationship has been harmed by this kind of situation, it is important to take action promptly. Contact the Witkon Law office today for a free consultation about your rights as a tenant and options for dealing with your unresponsive landlord.