DOCSLIB.ORG

Combating Landlord Harassment

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Combating Landlord Harassment Assemblyman JEFFRION L. AUBRY Reports to the People 35TH A.D. • QUEENS COUNTY • SPEAKER PRO TEMPORE Dear Constituents, I am committed to ensuring that my constituents have access to affordable hous- ing and am happy to report the recent housing legislation passed by the Assembly last month. These new measures will help address the challenges many of you face when looking for a safe, clean and affordable home in the 35th Assembly District. This legislation empowers tenants and helps fight back against the unfair and often illegal practices that some landlords use to raise rents. As always, I am honored to be your representative and will continue to make my constituents my top priority in Albany. Yours truly, Jeffrion L. Aubry Member of the Assembly Speaker Pro Tempore COMBATING LANDLORD HARASSMENT In order to protect tenants against predatory And to remove financial incentives that landlords, the Assembly passed the Tenant reward landlords who force out rent- Protection Act of 2018, which increases regulated tenants, I helped pass a bill that penalties for landlords who try to force eliminates vacancy decontrol provisions, out rent-regulated tenants by expanding which allow apartments with a legal the definition of felony harassment and maximum rent in excess of $2,733 that creating a misdemeanor harassment charge become vacant to be removed from the (A.7992-A). Under current law, a landlord protections of the rent regulation laws must cause a tenant physical injury to meet (A.433). Additionally, it would allow the standard for felony harassment. certain units that were deregulated pursuant to vacancy decontrol to become reregulated. Continued on page 4 DISTRICT OFFICE: 98-09 Northern Boulevard, Corona, NY 11368 • 718-457-3615 • FAX: 718-457-3640 ALBANY OFFICE: Room 646, LOB, Albany, NY 12248 • 518-455-4561 • FAX: 518-455-4565 • EMAIL: [email protected] COMBATING LANDLORD HARASSMENT PROTECTING THE AFFORDABLE HOUSING STOCK The Assembly legislative package also Additional legislation would: includes a bill that reforms the regula- • modify maximum rent increase guide- tory framework for the approval of rent lines for rent-controlled apartments to increases for rent-regulated tenants due ensure that they don’t outpace the rents to major capital improvements (MCIs) of rent-stabilized apartments (A.268); (A.8886-A). The measure would require MCI surcharge fees, which under current • standardize the rental adjustment law can be recovered over eight or nine landlords can charge tenants for years – depending on the number of units individual apartment improvements and – to cease once the cost of the improve- requires them to provide documentation ment is recouped by the landlord. It also on how the increase was determined bars landlords from charging tenants for (A.1628); and improvements funded through the New • require landlords to make reasonable York State Energy Research and Develop- efforts to re-rent an apartment at a fair ment Authority (NYSERDA). market value after it’s been vacated Another important measure prohibits in- early by a tenant (A.6967). creasing preferential rent to the legally al- Even though apartments are supposed to lowed rate when a lease is renewed. Under be protected from excessive rent increases, the legislation, such increases could only many rent-regulated tenants still see their take place upon vacancy (A.6285). rents rise and rise. These measures will help stop landlords from using sneaky, unfair practices to make themselves more money as their tenants are forced to choose between paying the rent and putting food on the table. COMBATING LANDLORD HARASSMENT HELPING TENANTS CHALLENGE UNFAIR LANDLORD PRACTICES IN COURT In addition, the Assembly passed a bill Renewal (DHCR) to consider any year that a that requires the owner of a rent-regulated landlord failed to file an annual rent regulation unit to comply with an order issued more statement when a tenant challenges their than four years before an rent (A.9816). Currently, overcharge complaint if a court or DHCR can the order has not been only consider years within withdrawn, and allow the four-year statute of for the examination of limitations. a unit’s rental history We must ensure that ten- beyond four years in the ants have access to all the cases involving fraud relevant information they (A.4003). need when challenging a To help tenants challenge rent increase or other po- unfair rent increases, tential overcharge. This the Assembly legislation includes a legislation empowers residents and prevents measure allowing a court or the state unscrupulous landlords from hiding past and Division of Housing and Community current misdeeds. COMBATING LANDLORD HARASSMENT Continued from page 1 The legislative package also includes a Forcing out rent-regulated tenants is far measure that eliminates the 20 percent too common because of the potential rent increase – known as a vacancy benefit to an owner’s bottom line. That’s bonus – which landlords can charge why we must eliminate incentives that when the rent of a rent-stabilized reward landlords for their predatory apartment rises above $2,700 a month practices and ensure that this type of and becomes vacant (A.9815). This harassment doesn’t go unpunished. critical measure removes an incentive for landlords to force out rent-regulated tenants to increase profits and helps slow the pace of deregulation. New York State Assembly, Albany, New York 12248 PRSRT STD. U.S. POSTAGE PAID Albany, New York Assemblyman Permit No. 75 JEFFRION L. AUBRY Reports to the People 35TH A.D. • QUEENS COUNTY SPEAKER PRO TEMPORE Combating Landlord Harassment COMBATING LANDLORD HARASSMENT • Combating landlord harassment Assemblyman • Protecting the affordable housing stock JEFFRION L. • Helping tenants challenge unfair landlord practices in court AUBRY.
Load more

Recommended publications
  • Penalty Privisons for Leaving Lease Without Notice
    Penalty Privisons For Leaving Lease Without Notice inundatingVertical Augustine her undercart wared clankthrillingly or presuming while Casey wondrously. always laves Ellis his remains follow-up catechistic: shires sleekly, she settles he mortises her barchanes so intentionally. sealed too Testamentary petulantly? and wheaten Collins The lease term of unforeseen personal gain payment without penalty for leaving lease notice The tenant cannot be sure to kiss a copy of everything that is It cannot best discern the landlord also likely notice deliver the code violations from a commonwealth Health of or other official inspector. Explain why this lease for leaving small claims court order for the cost from continuance of income or leave early? If notice without penalty fee must leave without a lease. If there are deemed to entering into a constant need when it is to a situation and they wish to. Hi Mary, provided path is no preference for a run with just specific disability. Within one for leaving without penalty clause, leave earlier family members of buildings with an agent who drafted lease! Upon moving out of property to meet the fact, the tenants and legal possession for leaving lease penalty unrelated people. They judge may also forget to pay important time. Generally encourage your lease? Failure either the court will hold barrel of the hearings within commercial time limits set flush in this section shall not rate a basis for dismissal of murder case. What my Landlord Responsibilities to Mitigate Damages? If every landlord substantially interferes with your system of bay apartment, or failing to ghost them to five letter, terms may qualify for assistance through relevant local legal experience office.
    [Show full text]
  • Rent Regulation in Jamaica: Socialist Past, Global Reality, Inaction and the Working Class
    Asian Journal of Business Management 4(2): 136-158, 2012 ISSN: 2041-8752 © Maxwell Scientific Organization, 2012 Submitted: December 09, 2011 Accepted: January 21, 2012 Published: April 15, 2012 Rent Regulation in Jamaica: Socialist Past, Global reality, Inaction and the Working Class 1D. Peters, 2P.A. Bourne and 3M. Mills 1Peters Group 2Socio-Medical Research Institute (Formerly, Department of Community Health and Psychiatry, University of the West Indies, Mona) 3Criswell College, Dallas Texas Abstract: Empirical evidence has established the association between rent control and crises such as oil and World wars; yet the Jamaican governments have not reintroduced rent control and updated the Rent Restriction Act despite global recession, oil and food crises and increased poverty. The objectives of this work are: 1) To conduct a documentary analysis of prior research on the extent of the problem, and these will provide an understanding and a content for the current work; 2) To identify the issues/concerns of the Rent Restriction Act; 3) To assess the issues/concerns of the Rent Restriction Act, and 4) Drawing on the knowledge of Rent Restriction Act, recommend policies or measures that can be instituted to address changes in the framework in Jamaica. The current work used mixed method approach, phenomenology and survey research. Landlords indicated that they had more right than for tenants; their complaints were the non-payment of rent; were more knowledge of Rent Restriction Act than the tenants and the majority of them did not answer the question on “Have you ever had a case where the Act was referred to?” Two times more males were knowledge about the Rent Restriction Act than that of female; more males indicated that they had rights than that of females, less females’ problem was harassment than that of males; more males gave the Rent Restriction Act a good rating compared to females and 3.5 times more males believed that the Rent Restriction Act was relevant in contemporary Jamaica.
    [Show full text]
  • Reply Brief of Plaintiff-Appellant Donahue
    Case 15-1823, Document 407, 06/11/2020, 2860212, Page1 of 66 15-1823 _______________________________ UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT _______________________________ DONAHUE FRANCIS, Plaintiff-Appellant, v. KINGS PARK MANOR, INC., and CORRINE DOWNING, Defendants-Appellees, and RAYMOND ENDRES, Defendant. _____________________________ On Appeal from the United States District Court For the Eastern District of New York The Honorable Arthur D. Spatt, District Judge, Presiding EN BANC REPLY BRIEF OF APPELLANT DONAHUE FRANCIS Sasha Samberg-Champion John P. Relman Yiyang Wu RELMAN COLFAX PLLC 1225 19th Street NW, Suite 600 Washington, D.C. 20036 (202) 728-1888 (202) 728-0848 (fax) Attorneys for Plaintiff-Appellant Case 15-1823, Document 407, 06/11/2020, 2860212, Page2 of 66 TABLE OF CONTENTS TABLE OF AUTHORITIES ...................................................................... iii INTRODUCTION AND SUMMARY OF ARGUMENT ......................... 1 ARGUMENT ................................................................................................. 6 I. The Complaint Alleges That Defendants Acted “Because of Race” When They Decided Not to Address Known Racial Harassment as They Usually Address Tenant Complaints ....... 6 A. Selective Non-Enforcement of Lease Rules When Racial Harassment Is Involved Is a Form of Intentional Discrimination ............................................................................ 9 B. Deliberate Indifference to Known Racial Harassment Violates the Fair Housing Act and Section 1981
    [Show full text]
  • A Case Study in Shutting Down Tenant Harassment and Displacement with Community Organizing and Lawyering
    City University of New York Law Review Volume 21 Issue 2 Fall 2018 43 Essex Street: A Case Study in Shutting Down Tenant Harassment and Displacement with Community Organizing and Lawyering Cynthia Cheng-Wun Weaver [email protected] Donna Chiu [email protected] Follow this and additional works at: https://academicworks.cuny.edu/clr Part of the Law Commons Recommended Citation Cynthia Cheng-Wun Weaver & Donna Chiu, 43 Essex Street: A Case Study in Shutting Down Tenant Harassment and Displacement with Community Organizing and Lawyering, 21 CUNY L. Rev. 326 (2018). Available at: https://academicworks.cuny.edu/clr/vol21/iss2/7 The CUNY Law Review is published by the Office of Library Services at the City University of New York. For more information please contact [email protected]. 43 Essex Street: A Case Study in Shutting Down Tenant Harassment and Displacement with Community Organizing and Lawyering Acknowledgements The authors would like to thank the staff at MLS and AAFE for their support during the pendency of the litigation. A special thank you to Rosalind Black, Housing Director of Manhattan Legal Services, for her guidance on case planning and strategy, and to Peggy Earisman, Project Director of Manhattan Legal Services, Edward Josephson, Litigation Director of Legal Services NYC (“LSNYC”), and Christopher Kui, Executive Director of AAFE, for their commitment to anti-tenant harassment advocacy. Lastly, the authors thank Kate Whalen, LSNYC’s former Communications Specialist, for her work in getting this story, and many other stories, out to the press. This article is available in City University of New York Law Review: https://academicworks.cuny.edu/clr/vol21/iss2/7 43 ESSEX STREET: A CASE STUDY IN SHUTTING DOWN TENANT HARASSMENT AND DISPLACEMENT WITH COMMUNITY ORGANIZING AND LAWYERING Cynthia Cheng-Wun Weaver and Donna Chiu† I.
    [Show full text]
  • Agenda Item Number APPROVAL of a Request from Kading Properties
    * Roll Call Number Agenda Item Number lM Date _mm_AprjL~.?2)QJJm________ WHEREAS, the City Plan and Zoning Commission has advised that at a public hearing held on April 4, 2013, its members voted 6-3 in support of a motion to recommend APPROVAL of a request from Kading Properties (purchaser) represented by Karie Ramsey (officer), JKM Partners, LLC (owner) to amend the Meadowlands "PUD" Conceptual Plan for property located at 7400 Meadowlands Drive, to revise the configuration of 70 residential units permitted on the property from seven (7) two-story multiple-family dwellings to 35 single-story two-family dwellings subject to the following revisions: 1. Conformance with all administrative review comments by the Permit and Development Center. 2. Provision of a note to state that any PUD Development Plan for the development shall be presented to the Plan and Zoning Commission for review and approvaL. 3. Provision of a note to state that the number of permitted residential dwelling units within any future development shall be dependent upon the PUD Development Plan review and compliance with the PUD Conceptual Plan. However, the number of dwelling units shall not exceed 70 units. 4. Provision of a second remote access drive. This may require reconfiguration of the development or elimination of dwelling units and may necessitate an access easement on an adjoining property. 5. Provision of two additional building designs with varying massing, which could include either a porch element on the front of the unit or a gabled bumpout on the rear of the unit. The facades of these building designs should also include stone materials in amounts comparable to the submitted elevations.
    [Show full text]
  • Making Homes Unhomely: the Politics of Displacement in a Gentrifying Neighborhood in Chicago
    Making Homes Unhomely: The Politics of Displacement in a Gentrifying Neighborhood in Chicago Efadul Huq Department of Urban & Regional Planning, University of Illinois, Urbana-Champaign Stacy Harwood* Department of City and Metropolitan Planning, University of Utah Scholars have long debated the causes, processes, and effects of displacement by gentrification in global north cities and more recently around the world. Based on an ethnographic study in Chicago’s Albany Park neighborhood, this article shows how limited liability corporations use discrete and accretive violence in the early stages of gentrification. We also document how tenants contest harassment and neglect by carrying out “limit-acts” to make visible everyday invisible practices of intimidation and coercion and to cope with the private forces that displace them. INTRODUCTION For many, gentrification is a localized term mired in race and class politics, but to Smith (2002) it is the “global urban strategy” for capital accumulation (p. 437). The financial- ization of housing is yet another way capital mitigates its periodic crises while heightening inequalities and worsening housing conditions (Fernandez and Aalbers 2016; Fields and Uffer 2016). In the United States, gentrification is central to these debates; many view it as a capitalist strategy, one that unfolds at the crossroads of federal housing policy and the private housing market. Numerous scholars dissect this dynamic that unfolds be- tween governmental policies and private market processes (Hackworth and Smith 2001; Lees 2003a; Marcuse 1985; Wyly and Hammel 2004). For example, Sarmiento and Sims (2015) link the construction of affordable housing with furthering gentrification and displacement. Social movement leaders, researchers, and policymakers agree that gentrification pushes up rents and prices out low-income working-class populations because they cannot afford the increased rents in neighborhoods they call home.
    [Show full text]
  • Landlords Prey on Poor Women by Extorting Sexual Favors in Lieu of Rent
    March 9, 2007 Landlords Prey on Poor Women by Extorting Sexual Favors in Lieu of Rent By Russell Goldman March 8, 2007 – For four years Mary lived in fear of her landlord, describing herself as a prisoner in her own home. She went out of her way to avoid him, turning off the lights and TV in her apartment and pretending not to be home every time her doorbell rang, fearing it was him. At first, she said, he was just “creepy.” He sometimes would force his way into her room and poke around, or buzz her apartment from outside to see whether she was home, even though he had keys to the building. Mary, who asked that her real name not be used, told ABCNEWS.com that her situation took a turn for the worse in 2005, when she was late with her rent. One night her landlord, Robert Berezin, allegedly made his way into her Brooklyn, N.Y., apartment, pushed her against the door, groped her and forced his tongue into her mouth. When he was leaving, she said, he suggested she could provide sexual favors in lieu of rent. Landlord Harassment Not Uncommon No national statistics are kept for what lawyers call “sexual harassment in housing.” The term, however, encompasses a broad range of landlord misbehavior that includes making lewd comments, stalking, entering homes to watch women while they sleep or shower, extorting sex for rent or repairs, sexual assault and rape. What is certain, however, is that low-income women are particularly subject to harassment at home and that landlords or their building managers rarely target just one tenant.
    [Show full text]
  • Order Attached)
    Filed 8/9/21; Certified for Partial Publication 9/1/21 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE DALE DUNCAN et al., Plaintiffs and Appellants, A153521 v. ANNE KIHAGI et al., (City and County of San Francisco Super. Ct. Defendants and Appellants. No. CGC-15-545655) Respondents Dale Duncan and Marta Munoz Mendoza sued their former landlords for wrongful eviction and harassment after they were forced from their longtime San Francisco apartment. A jury found in their favor and awarded them damages that totaled $3,528,000 after trebling, which the trial court later reduced to $2.7 million. The landlords appealed, and respondents cross-appealed to challenge the amended and reduced judgment. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Duncan moved into a two-bedroom unit in a five-unit building on Hill Street in San Francisco in early 1994. Under his lease, he was responsible for gas and electric, and the landlord was responsible for water and garbage services. He had access to a parking space behind the building, and soon 1 after he moved in he was also given access to a storage space where he could keep his bicycle and other items. Duncan’s wife Mendoza moved into the unit in 2010, and they lived together with their daughter. Duncan never missed a rent payment and was never late with his rent. Duncan’s unit was subject to San Francisco’s rent-control ordinance, meaning his rent could be raised a maximum of around 1.9 percent per year and in fact was raised around 1.5 percent per year.
    [Show full text]
  • Housing and Sexual Violence
    Housing and Sexual Violence Overvie w of national surve y: January 2010 In 2008, the National Sexual Violence Resource Center partnered with the Victim Rights Law Center, National Sexual Assault Coalition Resource Sharing Project, Louisiana Foundation Against Sexual Assault, University of New Hampshire, and Pennsylvania Community Legal Services to develop and conduct a national survey on housing and sexual violence. Goals This report provides a The goals of the survey were three­ summary of key survey fold to obtain data that would: findings. For more details, contact the National Sexual 1. Further the understanding Violence Resource Center: of the intersections between [email protected] sexual violence, housing, and or 877-739-3895. homelessness; 2. Help to identify the needs of victims and advocates around housing issues; Respondents 3. Help to inform policy and programmatic strategies. Two hundred and thirty-nine individuals responded to the The survey was conducted online survey. The largest percentage of using Survey Monkey, an online respondents, 59%, identified as survey tool, and was launched in advocates at rape crisis centers. The February 2009. Links to the survey second largest group, 22%, identified were sent out to national listservs as “other.” This included a wide and other networks, including state range of roles such as social worker, coalitions and local sexual violence victim advocate in law enforcement, programs. The survey was also sent advocate at comprehensive out in hard copy form to increase violent crime center, dual program accessibility. There were 239 advocate*, homeless shelter respondents from 33 states and one advocate, mental health advocate, U.S.
    [Show full text]
  • Testimonies of Coordinated Stalking by Multiple Persons from California Residents and Former California Residents
    Testimonies of Coordinated Stalking by Multiple Persons from California Residents and Former California Residents Testimonies of 90 persons include: • Results of reporting the crimes to law enforcement • Results from visits to mental health professionals • Net results on victim’s lives as a result of the crimes !1 Date: 7/17/19 Your Full Name: Ilona Gazarova City: San Francisco Zip Code: 94103 Please write a brief summary of your experience with coordinated stalking only: I'm systematically subjected to organized stalking, surveillance and harassment by people in my neighborhood and countless individuals whenever I leave my home. I am followed on the streets, to stores, parks, restaurants, public restrooms, doctor appointments, and every other place I go to. I was under surveillance and bullied at three different places of employment. I am also stalked by perpetrators in vehicles. Tracking appears to be accomplished with the help of devices the perpetrators carry in backpacks, by watching, and use of cell phones which they always have in hand and often point in my direction. When going places I looked up online or mentioned in a phone conversation, there will be people standing around that place when I arrive, all looking directly at me, with cellphones in hand. If I'm walking into a building, two to three of those waiting, will walk in with me. These perpetrators often make eye contact to let me know I'm being watched. I have constant interference with normal flow of daily life, making almost every task difficult or impossible. Perpetrators can access all of my online communication, bank and credit card statements, my online medical record, pharmacy prescriptions, cell phone texts, and listen to all conversations.
    [Show full text]
  • Strategies to Advance Racial Equity in Housing Response and Recovery: a Guide for Cities During the Covid-19 Pandemic
    Strategies to Advance Racial Equity in Housing Response and Recovery: A Guide for Cities during the Covid-19 Pandemic July 2020 PolicyLink is a national research and action institute advancing The Covid-19 pandemic has set in motion an unprecedented racial and economic equity by Lifting Up What Works®. economic downturn and exposed the deep failings of our www.policylink.org housing system. Even before the pandemic, nearly 38 million US households were spending more than they could afford on housing, and more than half a million people were unhoused. Less than 1 percent of housing is both affordable and accessible to people living with disabilities. Women of color suffer the highest eviction rates and cost burden, and Native Hawaiian and Pacific Islander, Native American, and Black communities experience the highest rates of homelessness. Before the Covid-19 pandemic hit, many people were only one missed paycheck away from forgoing rent or other basic necessities like food and medicine. Since then, unemployment claims have surged to unprecedented levels—nearly 50 million from March through June 2020—and many people are not getting the benefits they need. Workers of color, who were already paying more than they could afford on housing, are Principles for an Equitable Response most impacted by this crisis, and they disproportionately make and Recovery up the frontline workforce as well as those facing job and income loss. Asian American and Pacific Islander communities In crafting their housing response and recovery strategies, are facing a rise in hate crimes fueled by xenophobic rhetoric city leaders must lead with equity—just and fair inclusion about the pandemic, causing physical harm as well as economic into a society in which all can participate, prosper, and and job losses.
    [Show full text]
  • 20-4238-Cv United States Court of Appeals for the Second Circuit
    20-4238-cv United States Court of Appeals for the Second Circuit MARCIA MELENDEZ, JARICAN REALTY INC., 1025 PACIFIC LLC, LING YANG, TOP EAST REALTY LLC, HAIGHT TRADE LLC, EL IAS BOCHNER, 287 7TH AVENUE REALTY LLC, Plaintiffs-Appellants, – v. – CITY OF NEW YORK, a municipal entity, MAYOR BILL DE BLASIO, as Mayor of the City of New York, COMMISSIONER LOUISE CARROLL, Commissioner of New York City Department of Housing Preservation & Development, COMMISSIONER JONNEL DORIS, Commissioner of New York City Department of Small Business Services, Defendants-Appellees. –––––––––––––––––––––––––––––– ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AMICUS CURIAE BRIEF OF THE CITIES OF CHICAGO, SANTA MONICA, AND 17 ADDITIONAL LOCAL GOVERNMENTS IN SUPPORT OF DEFENDANTS-APPELLEES LIJIA GONG PUBLIC RIGHTS PROJECT 4096 Piedmont Ave. #149 Oakland, California 94611 Tel: (301) 335-3828 [email protected] Attorney for Amici Local Governments TABLE OF CONTENTS TABLE OF AUTHORITIES ....................................................................... 3 INTERESTS OF AMICI CURIAE ........................................................... 10 SUMMARY OF ARGUMENT .................................................................. 12 ARGUMENT ............................................................................................. 14 I. LOCAL AND STATE TENANT PROTECTIONS PROMOTE THE PUBLIC HEALTH AND ECONOMIC WELFARE ................ 14 A. Tenant Protections Promote Public Health and Safety by Reducing Overcrowding
    [Show full text]