Posted by Mark Smith on September 27, 2000 at 20:47:44:
In Reply to: Question about eviction procedure posted by D. Benz on September 27, 2000 at 09:59:07:
In New York, if the super doesn't pay any rent, this would be a no-cause eviction, which should be fairly quick and easy.
Even if the super pays rent, the landlord has a very strong obligation to evict him -- even more than if he was just a tenant.
Testimony from the tenants and police records would make the eviction easier and faster. Even with a no-cause eviction, a housing court judge would not be inclined to grant a long stay of the issuance and execution of a warrant of eviction if he heard the testimony of the tenants and saw the police records.
Do you know the disposition of any of the arrests? Did the super plead guilty? Was he convicted after a trial?
The tenants should have started the rent strike sooner. The conduct of the super and the lack of action by the landlord are outrageous. You might want to contact Met Council at 212-693-0550 for more information about your rent strike.
Depending on your leases, the landlord might have to pay the tenants' attorneys' fees. And an attorney might also be able to get the tenants a larger rent rebate.
"... What's more, this guy is the SUPER for the building--though, thankfully, he does not have keys to the apartment, but he is the landlord's designated super, who is supposed to clean up and deal with the trash (which he rarely does). The landlord has always claimed he can't do anything. We began withholding rent in August demanding he act to evict the problem tenant. He has tried to say anything to get us to give him his rent. We are afraid that the minute we pay him he will withdraw any action he has initiated."
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