Porter took my stuff and "allegedly" threw it out.

[lawful tenant]

I live in a rent stabilized apt.
After doing some renovations about year ago I left some of the stuff (building materials, tools, etc) outside of my apt.
The stuff didn't bother anyone as it was in the area just to the right of my door where no one can even walk.
I received a letter from the managing agent about 6 months ago telling me to remove everything from that area.
Spoke to the managing agent and explained to him that the only reason it is there is because I (and all the other tenants) didn't get the 4ft by 4ft storage space that we were supposed to get (as per the court order dating back 10 years).
The managing agent didn't bother me after this.

The managing agent changed recently and the new managing agent sent me a letter (by putting it under my door) that I have to remove this stuff giving me 10 days to do so.

After about 15 days I noticed my stuff is gone.

The super said the agent took it himself. I later learned that the super's son, who is a porter in the building took it.

After I nicely asked for my stuff - he cursed me out in front of his father (the super) and gave me some of my stuff back.

I told them that there were additional things that he didn't give me back and that if he is keeping it for himself it constitutes stealing.

He told me that there was nothing else that he took and that he had taken pictures of everything that he took. I asked him for pictures and he refused to show.

After speaking with the managing agent I learned that the managing agent told the porter to take the pictures before removing my stuff.

The managing agent called the porter asking him to give me the rest of my stuff back. The porter stated that he threw it out.

Just the day before when I got some of my stuff back from the porter he stated that there was nothing else that he took. Now he says he threw it out?
Plus there are pictures of this, which he is now going to claim were deleted.
Is there any recourse for me in this situation?
I honestly do not think he threw it out as there were some new and unique tools in one of the boxes worth about $150.00

If he did indeed keep some things for himself and threw out the rest - does it not constitute stealing?

Thanks

[TenantNet]

In all honesty I think both sides are in the wrong.

It was wrong for them to steal your possessions and not to return them.

But how can you expect no one to take material you left out in the hallway and outside your apartment? First, the length of time it was out there the stuff would be considered abandoned. Second they could claim it was blocking the hall -- and egress for everyone (no matter it was put to the side and it would depend on the width and configuration of the hallway). And third, you were repeatedly warned.

That you are entitled to storage are is a separate issue and your "protest" is not the way to solve that issue.

[lawful tenant]

I appreciate your opinion on this. But like I said in my post, the area where my stuff was placed no one could even walk.

Also, I periodically used the tools and other stuff that was there and nothing was ever missing - thus it was not abandoned at all.

Now going back to my original questions, which you did not answer - is there any recourse for me in this situation?

Also, it appears that you agree with my opinion that what the porter did is considered stealing, right?

Thanks

[TenantNet]

But like I said in my post, the area where my stuff was placed no one could even walk.

A hallway is a means of egress. Some fire marshall might view it otherwise. Of course on a forum like this we don't have the luxury of knowing the layout, but there are very definite rules on blocked means of egress. but you must remember you do not rent the hallway. Your rights to control your property end at your door.

Also, I periodically used the tools and other stuff that was there and nothing was ever missing - thus it was not abandoned at all.

That's your view. The LL might see it otherwise, especially as they gave you a warning.

Now going back to my original questions, which you did not answer - is there any recourse for me in this situation?

Your recourse is to sue them, but I'm not convinced you would get very far.

[lawful tenant]

OK, Do I sue the managing agent who directed the porter to remove the stuff and told him to take pictures of everything?

OR

Do I sue the porter who gave me some of my stuff back and at first claimed that he took nothing else, but than a few days later told the managing agent that he threw the rest out?

OR

Both?

I would like to hear from other knowledgeable people on this board also.

Thanks