Building Manager attacked tenant & was arrested!

[lipka]

Our Building Manager (hereinafter referred to as "Psycho") has physically assaulted 2 tenants in our 8-apartment building in two completely unrelated incidents. One moved out, and the other filed charges, had the Pyscho Building Manager arrested and now has an order of protection against him, pending a trial!

The building is owned by a consortium of investors, headed by the Psycho's cousin. The Psycho is a "sweat equity partner" in this consortium, and thus part owner as well as holding the position of "building manager".

About a month I had an altercation with the pyscho in the backyard (which is private, for the use of the two ground floor apartments -- of which I am one). He was sitting out there with a disreputable character smoking a joint, and he'd let my dog out -- who was almost hit by a car and found on the avenue by a good samaritan who called me because my dog's collar had a tag with my cell phone number on it. (I was out for a few hours and got a call on my cell phone). When I got home with the dog and began to reprimand him for leaving the door from the backyard to the street wide open he admitted he knew the dog had gotten out, but it wasn't his "job to babysit my dog." I freaked out and began to yell at him for being "irresponsible" and he became verbally abusive. I became afraid and went into my apartment and called the police. Who came and I made a formal complaint.

Other tenants in the building heard this and we began to organize. Of the 8 apartments, 4 of the tenants have written letters to the Owners saying we are afraid of the psycho and want him removed as building manager -- he is unstable, uses drugs, is belligerent and doesn't even make repairs! The 4 apartments that did not join us are: 1 is vacant, 1 the tenant is in Austrlia right now for 3 months and the other 2 are inhabited by cousins of the psycho and the owner -- they are afraid to cause problems in the "family."

What are our legal rights to get this psycho off of the premises? He comes here and hangs out and drinks alcohol on our front stoop (he was cited by the police 3 months ago for drinking alcohol in public), or smokes pot in the backyard -- he now mutters whenever he sees me about he is going to "kick my dog," etc. We are afraid of him -- we have tried telephoning the building owners and writing certified letters and they refuse to do anything!! Even with one tenant having an Order of Protection! Please help us!

[subcriminal]

I am not certain how you should proceed exactly, but if you're serious about doing something you're in for a fight. I'm not a lawyer, so please consult with one before taking my advice seriously- and I stress that greatly. You are in a very serious situation.

The reason why nothing has been done of course is because Psycho is related to the Big Cheese. I cannot see any other reason why the consortuim would leave itself so vulnerable to legal reprocussions over it's own negligence.

It is good that you have organized at least half of the tenants in the building. When the person in Australia gets back, see if u can recruit him to your cause. I don't blame the others for not wanting to start trouble with their family, I'm not saying it's right but I do understand.

Since one of your tenants has a case and restraining order against Mr. Psycho, that makes you (the tenants) look all the more credible in the eyes of the law. Use that your your advantage.

From the sound of it, I would be VERY careful. The vibe I get on Mr. Psycho is that he might try to harass/assult everyone else if you take legal action to get him out. Be prepared, protect yourself, always use caution. You are legally in the right, and you can have your justice but you will have to work for it. I don't think this will be easy, but your only alternative is to move. Decide what you want and then act accordingly.

All of the letters u have sent to the building owners/consortuim, you kept a copy of and sent registered/return receipt, right? If you have not, start doing so now and gather EVERYTHING you have document-wise on this problem. Suggest everyone else in your building do the same. Also take pictures of any damage in the building, along with a newspaper in the photo to prove the date the picture was taken. Keep the orginals in a safe place OFF PREMISES in case someone tries to break in and erase your evidence so to speak (*cough* Psycho *cough*). A safety deposit box is ideal, or at a relative's house.

I would give diplomacy one last try before seeking legal action. Get everything together, have a tenant meeting to draft a letter to the Big Cheese (Psycho's cousin) once again stating your issues, and make it clear that if Psycho is not removed and other problems remedied you will be forced to take legal action. Set what you feel is a reasonable amount of time for the owners to meet your demands before you take things up with the courts. Don't allow for any "compromise". This man is dangerous and you all want him out- end of story. It's not like you haven't been complaining about this miscreant before, this is an ongoing problem they are well aware of.

You will probably have to take the owners to housing court to actually get something done. I suggest getting copies of all your past rent receipts in case they try to claim u haven't paid rent, or something along those lines to discredit you.

Sit down and make a journal of everything that happened between you and the psycho. Get your fellow tenants to do the same. Remember dates, times, who said what, threats, etc. Record anything that happens in the future as well. The simple fact that you "wrote it down" will make it more credible should you go to court.

If Psycho assaults any of you, causes damages to your property, or starts to harass you in the future, you can use that to your advantage. Because your complaints had falen upon the deaf ears fof the consortium, they had ample opportunity, warning and time to remedy the problem of "Psycho". By refusing to do so they have put you in danger, and you can sue for that- especially if you get injured or have damaged property as a result.

I would think about calling the cops on the Psyco whenever he lights up a joint in the backyard. At the very least he might get the message you mean business. Then again that might provoke some aggression, so be careful. Maybe it's just me, but I don't take to intimdation and scare tactics.

I would think that his mumblings about "kicking your dog" qualifies as harassment and I would get a restraining order immediately. Your dog is your property and he is essentially threating to damage your property each time you cross his path.

So organize, decide what to do, and be careful!!!

... And maybe train your dog to attack

Good luck and keep us posted.

[Lilly]

hire some local boys to beat the crap out of him

[Phil Cohen]

In addition to the last two responses (both quite excellent) I would add that the tenants may have a case to withhold rent entirely--warranty of habitability stuff. You'll need a lawyer and lot's of evidence.