Kia Franklin
New NYC Tenant Harassment Law
According to the NYT a Brooklyn woman told fellow participants at a rally that “her landlord has refused to make basic repairs, such as fixing the shower. When she complained about problems with bed bugs, her landlord told her to put the insects in a tortilla and eat them, she said.”
Well, yesterday Mayor Bloomberg signed into law a new bill that would protect people like this woman, a Spanish-speaking renter, from tenant harassment. It would make harassment a violation of the housing code, and defines harassment as “the use of force or threats, repeated interruptions of essential services, the frequent filing of baseless court actions and other tactics that ‘substantially interfere with or disturb the comfort, repose, peace or quiet’ of any unit’s lawful occupant.” From Bloomberg’s press statement:
Introductory Number 627-A addresses a variety of unacceptable and improper practices by landlords whose actions, either willingly or inadvertently, cause lawful tenants to vacate their homes. This practice, commonly referred to as tenant harassment, is often aimed at residents in multiple-unit dwellings in an effort to compel them to vacate their homes, so that owners may then make improvements to the apartments and re-rent them for much higher rents than previous tenants paid.
City Council Speaker Christine Quinn sponsored the bill, and to protests that this law will bring in too many more lawsuits, she responds: “If the law is that significant that the court is worried it’ll be overwhelmed by it, the answer isn’t to legally ignore the existence of that problem.”
Touché. I mean, with the current state of our economy and the current housing crunch, it is particularly important to address injustices that leave more and more people without stable or reliable housing, for no reason other than another person’s greed. This isn’t about the “bad” or “nuisance” tenants, this is about landlords trying to line their pockets by getting rid of the old renters, hiking up the rent, and getting wealthier renters to move in.
Hey—I’ve got an idea, how about we reduce the burden on the courts by doing something to crack down on those lawsuits that landlords file against tenants to intimidate, harass, and pressure them out of their apartments without just cause? Oh, wait, I guess that’s Quinn’s and Bloomberg’s idea, too.
It’s a shame that the quest for profits has overshadowed a sense of human decency and social responsibility, but it’s not a shame that can’t be corrected. This new law is progress.
Posted at 11:38 AM, Mar 14, 2008 in Permalink | Comments (17) | TrackBack (0)






Comments
"Hey—I’ve got an idea, how about we" abolish rent control and make it reasonably possible for landlords to evict tenants at the end of their leases, so that landlords don't need to engage in any sorts of "harassment" to get people out of their buildings when those people are paying far below market rent?
Posted by: David Nieporent | March 17, 2008 03:02 PM
Translation of David's comment: Profits are more important than people. Go, landlords, go. Tenants, go to the shelter system, the furthest corners of the city, or wherever, who cares.
Even to imply that landlords would "need" to harrass, as if the type of harassment discussed in the video and in the article are ever justified (telling a Latina woman to put bed bugs in a taco shell and eat them?! I mean COME ON! that is so racist and egregious it speaks for itself!), is to say that the pursuit of profits should be prioritized over basic human needs and dignities. In other words, it's wrongo.
Posted by: Kia | March 17, 2008 05:44 PM
Nice job Kia, playing the race card where no one has mentioned race or made it part of the discussion. Rent control has essentially destroyed the Bronx and quite frankly the concept of rent control would fit in quite nicely with either fascist or socialist ideology.
Understand this, Kia - everyone - absolutely EVERYONE including the personal injury attorneys whose feet you kiss - is out to make a buck. Scruggs and Milberg are not aberrations - just less honest about it.
The way to reform the rental housing market is to let all regulations not specically related to public health and safety issues slide back into the hole from which they came
Posted by: Paul W Dennis | March 17, 2008 06:33 PM
I'm having a little trouble understanding Paul and David's objections to this bill. After all, it protects property rights--namely, the property rights of a lawful tenant, with whom the landlord has voluntarily entered into a contract.
The bill is not limited to rent-controlled units. It probably has more applicability to such units, for lazy landlords who aren't interested in following statutory procedures for eviction.
As for the validity of rent control, Paul and David seem to be suggesting that otherwise unlawful behavior (harassment, violation of the tenant's right to quiet enjoyment) is justified if it leads to eviction of a tenant in a rent-controlled unit. I'm having a hard time fathoming this end-justifies-the-means approach that tramples on property rights and the law; if landlords truly wish to overturn rent control, they are free to lobby their representatives to do so. There is nothing conservative, or respectful of property rights, in the attitude "screw the law and screw the lease, just scare them out."
Posted by: mythago | March 17, 2008 10:48 PM
Mythago:
The acts the law bans are already against the law by themselves; a law against taking a tenants property or against assaulting or threatening to assault a tenant is hardly needed, and that's not why it was enacted or why Kia is celebrating it. The focus of this law, as both common sense and the comments of its sponsors makes clear, is to protect rent-controlled/stabilized tenants, who in most cases can't be evicted, whether the landlord is "lazy" or not.
Do I think landlords should be allowed to assault or otherwise "harass" rent-controlled tenants? Of course not. But this isn't a normally-occurring problem, and would hardly require a special law; landlords, like other businessmen, generally don't have an incentive to harass their customers. The reason the problem exists -- to the extent that it does at all, as opposed to creating yet another tool for tenants to use to harass landlords -- is because rent-control allows tenants to stay indefinitely in other people's property at far-below-market rates.
As for your paean to democracy, there are a lot more tenants than landlords, so it's not surprising that lobbying one's representatives isn't very effective. But the fact that tenants have voted themselves rights in other people's property is the problem.
Posted by: David Nieporent | March 18, 2008 03:03 PM
The law makes clear that harassment is a violation of the Housing Code. I'm not sure why this would be controversial. If the actions are already criminal (which is what I assume you mean by "illegal")or civilly actionable, then surely there is nothing wrong with making it clear that the same actions violate the tenant's property rights. If it's superfluous it's harmless, right? (If you follow the link, the bill has provisions to protect owners against frivolous claims and permits them to rebut a harassment claim by showing the owner acted in good faith.)
It is quite true that owners are limited in their reasons for evicting tenants from rent-controlled housing, and so antiharassment provisions in the Housing Code will have greater applicability to rent-controlled housing. That's why Kia is celebrating. It's also why you're reflexively against it.
As for your grumbling about democracy, if tenants had all the power, every unit would be rent-controlled and every law would be anti-landlord. That's not the case, which suggests that there is something more than "there are more tenants than landlords so they win" going on. And, again, the way to get rid of rent-control laws is to get rid of the laws--not to stonewall any law that might in some way benefit tenants in rent-controlled units.
Posted by: mythago | March 18, 2008 05:55 PM
This happened to my wife and I a little over a year ago and we were forced to move several thousand miles, away from our home and friends because we could not afford to stay in hotels for $200/night while our landlord took almost a year to do what was probably a one week repair. Oh, and it wasn't at all clear that he had done it. He wouldn't discuss what he would do. Oh, and I was sick and am still sick from that apartment. Oh, and many months later, after we had asked for our deposit many times, and as we were living on the other side of the country, he sued to evict us from the place we had left ages before.
Evidently, THEY DO THIS ALL THE TIME. Its business as usual. We were told by one lawyer (who wasn't interested in helping us) to be happy we hadn't been 'burned out' which means have our building burned down with us still in it.
We didn't live in NYC but it was a similar situation. If any of you rent (or even own) and you doubt that something like that can happen to you, I have a bridge I would like to sell you. This country is becoming a hell for people who are not rich.
Pray.
Posted by: Frank D | March 20, 2008 07:28 PM
Wow. Thanks for sharing your story. We certainly have come across some hard times, coupled with a growing disdain for the working and middle classes that makes it even more difficult to survive. Yet somehow those most subject to this abuse are portrayed as the abusers. It's twisted.
Posted by: Kia | March 21, 2008 01:21 PM
I bought an apartment in the most violent Co-op of Rego Park, New York, which we couldn't left because of a huge mortgage and Real Estate market plunge. We are minority and we started to notice the Co-op's rejection almost immediately. But, we never knew how far the racism could go. For about 20 years this Co-op has vandalized our cars, our property, our electric, water, heat, cable, and phone service with the purpose to drive us out of our apt. Moreover, for years, the Co-op's board of directors brought up many lawsuits against us in the local Housing Cout. Such lawsuits were fabricated by dumping our payments and not properly crediting our paychecks to then claim we never paid our maintenance. In addition, the Co-op Board of Directors have used their resident relatives, the janitors, contractors, gardeners, babysitters, and Sponsor's tenants to harass, physically and verbally assault, stalk us, and slander us all over our neighborhood and beyond. Furthermore, the Co-op Board of Directors caused a leak over live electric wires in our bathroom that refused to fix for 12 months. Then, a woman harasser caused a fire over our line of apartments by falling asleep while smoking. When the FDNY put of the fire, the water got stuck in my apt because is the last of the bottom with concrete floor causing great damage to our property. Not to mention the mold. However, the Co-op Board of Directors inspected and fixed every single apartment except ours. When we took action in Housing Court, the Co-op took us to court to charge us for the repairs caused by the tennat's fire, where a crocked judge blatantly stole our case. This crocked judge admitted having received personal favors by our Co-op's Law Firm at a latest case. We've been forced to defend Pro se because when we retain lawyers, the Co-op's lawyer slander us every time and turn the lawyers against us so that there's no one to protect our rights in court. Moreover, a member of the board made repeated threats that no lawyer would take a case against her because her "uncle" is a Court Justice who every lawyer fears. By the way Queens Housing Court Judges and the lawyers have violated our rights, we got to the conclussion this criminal is right. There wont be justice for us. We appealed the case of the fire which the judge stole from us. The Supreme Court ordered "NO LEGAL FEES." However, the Co-op board of directors have added an illegal charge of $24,000.00 in legal fees. Nowadays, the board of directors use our altered monthly bill to tell the residents. police, local politicians, NYAG and DA's offices, any City agency's office, that we don't pay maintenance so that these deny our right to be protected. Needless to add that living this nightmare has depleted us of our hard earned money for these long 20 years. To top it up, for over three years, one board member got naked in front of our door. We have videos of the assaults and vandalism. However, this Co-op, by their own admittance, has insiders in the local 112th precinct that helped them to cover up for these crimes. The cops at the 112th precinct blatantly told us that they cannot take our complaints only if is a car accident or a matter of life/death while covering their names and badges. We also filed a complaint with the Attorney General's office. But the way the AG office worked was to contact the Co-op to ask them about the situation. Right after they got in touch with the Co-op, the AG office sent a letter claiming not having any jurisdiction on our Co-op. Since everyone has used the excuse that because this is a Co-op we cannot bring a case for all the crimes committed by this Co-op agaisnt us, I wonder if this law covers everyone who lives in NY regardless of race and location. Thanks for your help.
Posted by: Targeted in Rego Park New York | June 25, 2009 09:30 AM
Where is this co-op located?
Posted by: Mia | September 1, 2009 07:32 AM
The Co-op is locate in Rego Park, Queens County, New York. You may watch some videos of the assaults, daily harassment, and threats at www.youtube.com/newyorktargeted
Posted by: Targeted in Rego Park New York | November 1, 2009 06:13 PM
This is an update on my situation with the co-op's board of directors. Believe it or not, my Co-op's harassment has turned even more bizarre. The co-op moved a couple next door that have 3 children who they use to destroy our right of quite enjoyment and habitability. This couple use their children to bang/kick on our bedroom's walls, our bathroom's walls, and kitchen's walls which are all adjacent to their apartment. But that's not all, the two adults are acting in the most bizarre manner because they come out as soon as they hear our door unlock and yell threats to call the cops for no apparent reason. The male is very violent and every time he gets out of his apartment he stares at our door aggressively. These two harassers have been staging encounters using the building's cameras to watch when we leave or come back home. Then, the guy approach us, block our mailbox, block our path, and tries to stop me from walking to my home yelling threats he'll call the cops for no apparent reason. Since the Co-op board has supported previous assaults inside the building I've been forced to carry a video camera. So the Co-op moved these harassers next door trying to force me to get rid of my camera fabricating false accusations about it. In one instance the next door guy actually called the cops alleging I put the camera on his face, which was totally false. Their plan was to take away my constitutional rights to videotape in public to assault me and get away with it. Since that incident, we've tried everything to avoid these harassser but they get out as soon as we get out to keep provoking us. This morning we had a frigtening forced encounter with the woman, who is very violent as well. When we opened our door to leave, the woman came out with a very aggressive demeanor. So, we went back into our apt assuming she was leaving. When we tried to leave again, the woman came out again staring at us with a threatening demeanor. Again, we went back inside and waited to see if she was leaving. The third time we got out, the woman was waiting for us with her door wide open staring at us violently as if she was going to charge us. We ignored her but when we finished locking our door the woman ran to the elevator trying to force an incident. So, we ran downstairs to avoid any comfrontation with this harasser. Thus, we realized these harassers are working with the Co-op's board who wants us out, because we've don't know these harassers, and have nothing in common with them. However, they have been harassing us in this manner from day one. It is obvious these harassers are acting above the law as if someone is aware of their crimes of harassment and has promissed them immunity. This is a well known tactic NY slumlords are successfully using to evict their victims through threats, physical violence,vandalism, and impunity. We are prisoners in our own apartment trying to avoid these harassers' constant assaults but these harassers are terrorizing us even when we are inside our apartment.
Posted by: Targeted in Rego Park New York | February 11, 2010 10:36 PM
I happen to be a rent-controlled tenant and am totally appalled at the comments on this blog. First and foremost, there are many politicians, judges, lawyers and such living in rent-controlled or rent-stabilized apartments in NYC. That landlords prey on the weak for personal financial gain is abominable. My landlord thinks that those who pay less rent should get less services so I challenge him on it every step of the way. The City gives these sharks tax incentives to keep the buildings regulated so noone is really losing money. Most of these sharks have great accountants anyway, so they are definitely not losing any money. Just look at the clothes they wear, the cars they drive... That my rent controlled apartment allows me to continue to live in this city is a good thing. I wouldn't give it up for the world and thank the Mayor for signing the harrassment bill. I pay my rent. I am a productive member of society. I don't need a greedy leech on my back trying to get me out of my apartment. Those speaking against rent regulations are just jealous because they are probably paying market rent somewhere.
Posted by: FEDUP in Greenpoint | February 15, 2010 10:39 PM
The 1m harassers continue terrorizing me every time I try to use the hallways to exit or enter my apartment. Today the 1m harasser dangerously approached me as I was coming back home. As soon as I exited the elevator, I heard the 1m harassers door unlocked. They use the building's cameras to know when I come back home. The 1m harasser directed a huge bad of dirty diapers at me as if he was going to hit my face with it. Then he tried to shoved me as he passed me by. When I was unlocking my door the 1m woman started to bang her door from inside her apartment to keep terrorizing me. Then, the harasser woman made her 3 children to kick and bang on my walls which are adjacent to her apt. The 1m harassers are very dangerous because it appears to have been hired by the Co-op to terrorize me with the purpose to drive me out of my onw Co-op. This makes the situation even more frightening because when there's money or special favors in exchange, people in need would do anything to earn extra cash even if they have to commit crimes for it.
Posted by: Targeted in Rego Park New York | February 19, 2010 10:49 AM
February 23rd, 2010 Criminal Janitor terrorizing me again.
7:31am The criminal Dominican janitor who has been terrorizing me on bahalf of the Co-op's board of directors resumed his attacks today. He was waiting in front of the bulding for us to come out to then approach us as we were leaving for work with the purpose to startle, intimidate, and annoy me. The criminal covered his face with a hood to avoid being caught on tape while doing his harassment tasks. 8:53am the sane criminal dominican janitor came out of the garage door at the exact time I was going to pass it on my way back home. 9:00am I found the same criminal dominican janitor behind my door as I was going out to dump the garbage. I went back into my apartment in fear that he may physically attack as he has done for several months. Then after I couldn't get out of my apartment for a while because he stayed behind the stairways door which is located in front of my door. This criminal janitor may not have his job secured because he is new. The Co-op may be using him to push the limits terrorizing me daily in exchange to hire him permanently. This criminal janitor carries an illegal taser which he has used to zap me while I am using the public hallways. But this Coop has been notoriously violent for years. There are 2 board members that have been the constant ever since the harassment against us started over 10 years ago. As you may see NY Slumlords continue terrorizing undesirable residents to evict them through fear and vandalism.
Posted by: Targeted in Rego Park New York | February 23, 2010 10:19 AM
Sunday March 7th, 2010 The latest Co-op's attack using the building's surveillance cameras to set up skits of harassment daily. Today the Co-op sent the Apt. 2N tenant's relative to terrorize me.
3:30pm My spouse and I came back home at a different time than we usually do but the same 2N visitor harasser who is the son of the tenant of Apt 2N came out harassing us and pursuing us with a cell phone as I used the public hallways to enter my Co-op. This individual and his wife who works at a screener for the TSA JFK airport have been also used by the board of directors to terrorize me regardless of the time of the day we use the public hallways to enter or exit our home. For example, this same individual and his TSA JFK screener wife happen to show up at the building's entrance every morning I come back home. The guy seems not to hold a legal job except to be working as this Co-op paid harasser to terrorize me out of my Co-op. These pattern of harassment has been occurring for over 10 years with the purpose to drive us crazy and ultimately out of our own apartment. Furthermore, this Co-op is using some kind of portable taser to zap me, presumably this tasers are used by TSA screeners for official use "only". I wonder if this latest taser attacks have something to do with these 2 harassers who one of them works for the JFK TSA airport. The Co-op's houserules make any resident of the building responsible for the conduct of their visitors and relatives. But the Co-op board of directors use several individuals including the service men and the Sponsor's tennats and their relatives to harass me daily whenever I use the public hallways. That's how these Apt 2N tenant's relatives are above the houserules. This violent Co-op wont stop the constant harassment and terrorism hoping to drive us out of our Co-op apartment. It's shocking to say that NY Slumlords violate Tennant's Rights in such a violent manner in this part of America.
Posted by: Targeted in Rego Park New York | March 7, 2010 04:11 PM
Monday 8th 2010 My stalker, the board member who has held this Co-op's board hostage for over 10 years keeps terrorizing me.
9am I was returning home when the board member who is behing the atrocities this Co-op has infringed upon us to force us out of our apt came out of the building. This criminal board member is stalking me to intimidate me, harass me, annoy me, and terrorize me in the company of the janitors of the building. Ahead of her, the janitor who has stolen UPS packages from the residents crossed in front of my car. Around 11:30 I felt a zapped on my legs. It was so intense I had to get out of my apt. I heard someone wallking next to the wall adjacent to apt 1m. The janitors use it. The zapping got so intense I understood they were using the portable taser to force me to get out of my apt to protect myself from this latest taser's attacks. I was right, I left my apt around 12:35pm just to find the 2N relative and his TSA screener wife AGAIN! around the corner. They were parked on the side of the road also stalking me to videotape me. The woman was outside the car giving him the signal I was coming, while the guy started videotaping me on behalf of my stalker the board member who is behind the agravated harassment for years. These 2 visitors of Apt 2N, Eduardo and his JFK TSA screener wife are violating the NY STATE ANTI STALKING LAWS by preying on me to come back or get out of my apt at any hour everyday. These are paid thugs in charge of terrorizing me and now pursuing me to take my pictures with criminal purposes. Please note that these 2 harassers were waiting for us outside this morning when we left for work. But a School bus deterred them from harassing us. Then, I was forced to leave my apt at 12:35 and the same 2N relatives harassers were outside the building again. These 2 harassers are acting on behalf of my stalker board member's tenant's laws crimes. Well, I did find out later why are they preying on me more blatantly. As I returned home at about 6:00pm the sister of the hit man who assaulted me in the lobby and went to jail for it, purposely passed by our car at the moment we were coming. Lagasparian resumed her harassment duties by approaching us as we returned home. We arrived at our building at 6:05pm, there was a Haitian woman sitting in the lobby's plant's area very obviously waiting for us. The Haitian woman openly watched us by sticking her head up staring at us anxiously. We again, took the service entrance to avoid harassment. But the Haitian woman was there just like the 2N relatives paid harassers, preying on us and woouldn't give up pursuing us. This Haitian woman is suposedly doing "witchcraft" for the Co-op and that's why the other harassers were so determined to take pictures of me. Make no mistake, this is not a 3rd world country landlord's harassment, this is Queens criminal slumlords using extreme forms of harassment to terrorize me physically and psychologically. Needless to say how much anguish this Co-op's thugs are causing to us. I wonder how many tenants are victims of criminal Slumlords, Slum Co-ops like the one I invested my money in. Believe it or not, there NY landlords violate Human Rights in the biggest Democracy of the world. The law is blind because this Co-op is getting away with these atrocities.
Posted by: Targeted in Rego Park New York | March 8, 2010 08:15 PM