I am an 83 years old southamerican visual artist.
I was evicted from my only primary residence. Last Wednesday May, 30th, the Marshal Edward F. Guida came to my home and made me go out immediately without the possibility of take any belongings, neither my passport or other personal documents, nor medicines or clothes. The locker was changed and I was in the hallway with nothing at all. I was not allowed to go back in.
This was the result of four years of court proceedings.
I am a resident of Lower Manhattan that have lived there for 34 years. I was here for 23 years before the name Tribeca was adopted. I was living at this address for 6 years before Jack Laboz, the father of the present landord, bought the building.
In 1982, the Loft Law was enacted by the New York State Congress. Afterwards, the Loft Law ordered New York City to create a new agency: The New York Ciyt Loft Board. Sections and rules of the New York City Loft Board are Tittle 29.
Although the Loft Board do not contain an ‘absence clause', they accused me of this not being my primary residence, as I traveled to visit my ailing mother and to comply with my art compromises.
The rent was always paid on time. Always.
I had been wrongly prosecuted under DHCR (Division of Housing and Community Renewal) that does consider an absent clause. But the captioned building is not under the DCHR rules because it lacks the C of O (Cerificate of Occupancy). The building is under Loft Law rules. The building has never been legalized. The building has a breach of the warranty of habitability. We Internim MD Tenants (art. 7-c) have never been provided with hot water. Common areas, stairways and hallways, don’t have sprinklers for fire security, nor fire extinguishers and 2 fires had already happened. The last one, on may 7th, 2008. Heating is erratic. An elevator that runs on so called 'business hours' when there are no business in the building for the past 28 years. And we were not allowed to use it even when my husband was badly disabled for 10 years. Not electrical installation. Not plumbing. Not ventilation. Not roof fixing. The wooden stairs shake and tremble.
The Courts which presided over my case willfully and with full knowledge of the nonexistent law in my case proceeded to try the case as if the law applied to my case. The Low Court Hon. Judges David J. Kaplan and Peter J. Wendt prohibited me from entering new evidence in my defense and the witnesses testimony was deemed irrelevant, as they said, because I failed to present documents in time according to the court protocols. The Judges discussions for the decisions were never ever given to me. I don’t know what were the judges reasons for their decisions.
I am 'pro se' defendant. I am under incredible pressure. Four years of stand court appointments and filling papers.
The eviction I suffered last Wednesday was also illegally since the Marshall did not inform the adult protective service. The inventory sent the following day, May 31st, is one short page of 20 items when the real fact is that 4 heavy tracks were loaded with my properties that includes personal documents, my art works, paintings and sculptures, books, all my husband’s arts works and intellectual properties on art criticism, plus furniture, appliances, etc.
Now I am affronting a separate trial regarding landlord´s lawyers expenses, and they offered me and agreement to avoid this payment if I refuse my rights to be paid for all the improvements I have made to my home (what is due to the Loft Law Booklet) and compromise to do not take further legal actions.
I urgently need legal assistance on this trial and recover my belongings and my art priority.