Security Promised But Delayed | Long Island Landlord Tenant Lawyer

Tenants in one Bronx rental complex have had enough of delays and empty promises. Despite being taken over by the New York City Housing Authority, this facility still has serious deficits in its security and other important amenities.

The Tenants’ Complaint

Middletown Plaza is a senior housing facility located in the Bronx. It is a 15-story building with 178 apartments and was originally constructed in 1973.  The nearly two hundred seniors that live in this complex, however, are fed up with the facility’s deficiencies. For years, residents have been asking that security cameras be installed in the building’s elevators and hallways and also in the area around the complex. More than a year ago, the New York City Housing Authority (NYCHA) promised that they would address the security concerns as well as some other repair issues. In fact, as early as 2011, the city council designated funds to make the security improvements. Work started on the project in March, but the cameras are still not operational.

Additional Issues

In the meantime, other issues with the Bronx rental facility continue to develop. In June, rainstorms flooded the building, putting elevators out of commission and rendering stairwells unusable. With no accessible exits, some senior citizens were trapped in their apartments. Although it is perhaps the most flagrant example, the Middletown Plaza facility is not the only one with problems. The NYCHA runs a number of rental complexes around the city, serving more than 600,000 tenants. Many of these residents have serious issues with the city’s management of their buildings. In fact, one mayoral candidate questioned why so many NYCHA buildings were in disrepair when the Authority has nearly $700 million available for its use.

Implications

Facilities in disrepair and poor landlord response to tenant complaints are problems that are not unique to this Bronx rental facility. It is reasonable to expect better things from a city-run housing authority, but in reality these issues are common to many tenants across New York City. It is important that landlords and management companies be held responsible to provide reasonable accommodations and security measures for their residents. Putting off or delaying repairs must be addressed by legal action, if necessary.

If you find yourself in a situation similar to the tenants of this Bronx rental complex, you need a lawyer who will help to protect your interests. David Witkon Law has experience working on behalf of New York area tenants to deal with difficult landlords. Contact our office today for a free consultation about your situation.

Living in Fear of Eviction | Long Island Eviction Lawyer

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.

Nuisance Property Ordinance

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.

Arrest Warrant Issued for Landlord | Long Island Landlord Tenant Lawyer

A recent occurrence should encourage landlords offering Bronx rentals to take a little more responsibility for their properties. A judge in the Bronx Housing Court finally ordered the arrest of a local landlord for his extreme negligence.

Past Events

Joel Loutan owns a four unit building in the Bronx. Mr. Loutan has a history of not properly caring for his property. The building is reported to have a collapsed roof, leaking walls, rotten support beams, and broken boilers. In 2009, the building was placed in a program administered by the New York City Department of Housing and Property Development. This program, termed the Alternative Enforcement Program (AEP), is designed to use the power of the law to force landlords to make necessary repairs. The AEP ordered Mr. Loutan to replace the building’s collapsed roof, rewire the building’s electrical system, repair the outside walls, and replace the heating system. Mr. Loutan has continued to ignore these orders. In fact, both he and his attorney have completely missed several court appearances.

The Warrant

After nearly four years of this behavior, Judge Jerald Klein of the Bronx County Housing Court issued a warrant for his arrest. This is only the fifth time in an eight-year period that a warrant has been issued for a recalcitrant Bronx rental owner. More often, the AEP simply makes the repairs and then bills the landlord for the cost of the work. This landlord, however, has shown such blatant disregard for the law that arrest was the only solution.

An Isolated Incident?

Some tenant advocates claim that these types of situations are not as unusual as the statistics might indicate. One organizer for a local tenants’ union tells of many landlords who refuse to make the necessary repairs requested by their renters. To avoid legal action by the city, they eventually evict their current tenants, perform the needed renovations, and then raise the rates and attract a new group of renters. Tenant advocacy groups argue that the city is still not doing enough to protect residents of rental properties. The arrest warrant is good, they say, but it is sad that it took four years of the landlord’s irresponsible behavior before it was issued.

Does your residence have unsafe living conditions that your landlord refuses to address? You need an advocate that can represent your interests and advise you on your available options. The professionals of Witkon Law are ready to deal with Bronx rental situations and are happy to serve as your representatives in any necessary legal action. Contact the office today for a free consultation about your unfavorable living situation.

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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.