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Landlord has junk car on side of the house

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Landlord has junk car on side of the house

Postby lightchaser777 » Tue Dec 01, 2009 8:40 pm

I have been a my apartment eight years. My landlord (I nicknamed "Fred Sanford") has a 77' Grand Prix parked on the side of the house, hidden by a fence. I didnt make a major issue of it until he started to raise my rent. I requested he remove the car starting a year ago. It is not only horrendous to look at, it is dangerous and unsanitary (vermon magnet) to have something like that parked on the premises (side of house mind you, NOT the driveway). Its illegal to have an unregistered car on your property in this county. I dont want to call the police just yet for it to be ticketed. Trying to resolve this peacefully. I live in nice neighborhood on LI although feeling like its a bit "rural" w/the car there. I verbally told him on the phone 2 months ago, I will be left no choice but to withhold rent until the car is removed. He assured me, again, he would but did not. Rent due today and I told him the car must be removed AND yard cleaned and will be happy to pay him his rent.

This is "legal" mother daughter but illegal for me because I am not a relative - he sort of would be shooting himself in the foot taking legal action

was this not a good move to withold rent?
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Postby lofter1 » Fri Dec 04, 2009 2:54 am

Is your lease for the entire property? Or only for a portion of the residence?
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junk car on side of house

Postby lightchaser777 » Fri Dec 04, 2009 9:53 am

My lease is for the upstairs apartment. I actually called an attorney friend of mine on this. Said if I was to take him into llt court, theres' a good chance I would lose. There is a gated fence in front of the car which prevents it from being visible from the street. If the gate was "accidently" left open and police car drove by, its possible the car could be ticketed..very frustrating..this landlord plays "shell game"..comes off being a nice guy but in reality, just like any other b'sing business man
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Postby lofter1 » Sat Dec 05, 2009 11:39 pm

Based on this new info, withholding rent is not advisable. You open yourself to all sorts of complications, and don't gain much leverage in regards to getting the car moved away.
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Postby TenantNet » Sun Dec 06, 2009 1:23 am

If you rented the entire premises, that might include the yards and it would depend whether the lease gave you access to the entire premises. Even if that were the case, it sounds sketchy. But renting a portion of the premises the LL is not infringing on your space.

Where do you get the notion it's illegal to have an unregistered car on one's property? Where else would one keep an unregistered vehicle (assuming it's not driven)? That doesn't sound right. Might be unsightly, but not necessarily illegal.
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junk car - cont'd

Postby lightchaser777 » Sun Dec 06, 2009 8:03 am

I do not rent the full premises, so, there is where the LL is using his loop hole. I am requesting it be removed on "good faith" but he likes to play the "shell game" as I call it.

You are not allowed to keep unregistered cars on your property in the Town of Hempstead. (see below). My niece is a Nassau County police officer and said these cars get ticketed all the time. In the case here, the car is not in the driveway or visible to the road when you drive by
I could have the car ticketed regardless. I would prefer the LL remove the vehicle. Abandoned vehicles are "vermon" magnets as I call them. The neighbor next door already called the police when she saw racoons coming out from under the car. This vehicle is parked right next to the house, potential fire hazard. If you are not using a car, you need to store it in a garage, sell it or in this case, send it to the junk yard.

[b][b]"Chapter 173 - ARTICLE II, Vehicles on Private Property
§ 173-9. Legislative intent. The outdoor storage of abandoned or junked motor vehicles or the used parts therefrom within the Town of Hempstead is a hazard to the preservation of the public health, welfare and safety in that it constitutes health, fire and safety hazards and is an attractive nuisance to children which is a peril to their safety. Such outdoor storage constitutes a blight on the town's landscape, is generally unsightly and tends to depreciate the value of property in the neighborhood. Outdoor storage of abandoned or junked motor vehicles or the used parts therefrom within the Town of Hempstead is hereby regulated for the preservation of the public health, safety and welfare of its residents.
§ 173-10. Definitions. As used in this Article, the following terms shall have the meanings indicated:
"ABANDONED VEHICLE" - Any motor vehicle, the ownership of which cannot reasonably be determined or of which the owner does not intend to recover possession.
"JUNKED" - Any motor vehicle which is unregistered in the State of New York or any other state and/or which is either in a wrecked or dismantled or partly dismantled or in inoperative condition.
"MOTOR VEHICLE" - All vehicles propelled or drawn by power other than muscular power, intended for use on public highways.
"PERSON" - Any individual, firm, partnership, association or corporation.

§ 173-11. Outdoor storage prohibited.
A. It shall be unlawful for any person to store or deposit or cause or permit to be stored or deposited an abandoned or junked motor vehicle or the used parts therefrom in the Town of Hempstead except within a wholly enclosed building.
B. Any abandoned or junked motor vehicle or the used parts therefrom stored or deposited on any land in the Town of Hempstead shall be removed by the owner, occupant, lessee, agent or tenant thereof or the person occupying, managing or controlling said land.
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Postby TenantNet » Sun Dec 06, 2009 9:22 am

That's interesting. Of course the question that might be raised is if it's really abandoned and/or junked. The LL might claim otherwise. And whether a car is a vermin magnet ... well, that's a discussion in itself. Of course it's impossible on a forum for us to judge those conditions ... only to suggest that the LL might contest your conclusions. One car does not make a junkyard.
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