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HELP URGENT I COULD BE ARRESTED!!!!

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HELP URGENT I COULD BE ARRESTED!!!!

Postby LP » Sat Jul 18, 2009 9:19 pm

Landlord is trying to have me arrested for "breaking and entering" a room in my own apartment. Two detectives showed up last night and almost arrested me. By showing them the court papers that said "ALL ROOMS OF APARTMENT 2" I was able to avoid arrest but must show up Monday morning at the police station for questioning. The landlord is lying and trying to get me in trouble in order to force me to leave before Aug 31.

I allegedly entered one of the rooms in my own aattment that he had been doing repairs on and blocaded to me. I allegedly pushed to door open. He called the police and maintained that the room I entered was his and that I had llegally entered tby breaking and entering it. I may be arrested for entering a room in my own apartment.
Last edited by LP on Tue Jul 21, 2009 10:59 am, edited 1 time in total.
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Postby TenantNet » Sat Jul 18, 2009 9:49 pm

Show up where Monday morning? Says who? Have you been served legal papers of any sort? A violation? That makes no sense. It's a civil matter, not criminal.

I would talk to a lawyer ASAP, even before you go to the police station.

Does your lease describe the premises? How many rooms?
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Postby LP » Sat Jul 18, 2009 11:17 pm

The landlord never gave me a lease but the legal papers served (30 day Notice and Holdover Petition) described the premises as All Rooms.
I was told by a detective that I must show up or I will be arrested.

The Judges decision and order said that the landlord had rented me Rooms instead of the whole apartment, so he thinks that I have no right to enter the rooms that he had made inaccessible. One had been rented to a third party. The other, the one I alegedly entered, was never occupied because it has been under renovation since I moved in, always promised to me but never available. However it was unlocked and I could enter at any time and I could leave the ajoining door open for air flow and light.

Thank God, I was able to find a reasonably priced attorney who will go with me so I don't say anything that may incriminate myself. But now I am stuck with legal fees to defend myself from false accusations. I don't know if you had a chance to look at he thread. I really appreciate your input. I have been advised to go after the landlord now, but am intimidated by the threats of bodily harm.


Never a dull moment...
Last edited by LP on Tue Jul 21, 2009 11:01 am, edited 2 times in total.
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Postby TenantNet » Sun Jul 19, 2009 5:02 am

I don't care how they frame it, this is a civil matter, not a police matter. It's not breaking and entering.

That you have a lawyer is good. Do not say anything. You have not been charged with any offense and do not let them intimidate you. Police are notoriously pro-landlord, and usually refuse to take a tenant's side in illegal evictions.. To me, you have been subject to that (see the thread on illegal evictions in our reference section). But it's confusing as you already have a court decision. Hopefully your attorney knows the basics of criminal law and tenant law.

When you're out, you can garner all your resources to get the Buildings Department and other city/state agencies after this joker to stop him from renting anything to anyone, assuming the zoning resolution prohibits that. But also, renting apartments (not rooms) requires discernible spaces, not one room for this week and a different set of rooms for the following week. You might also have a civil cause of action against the landlord after you move out, but check with your attorney on that. Make sure this is a lawyer that knows landlord/tenant law.
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Postby LP » Sun Jul 19, 2009 7:33 am

Thank you for that advice. I feel better and can get through this ordeal of psychological terrorism this week end. I have been living in constant trepidation from this man.

I do believe my attorney knows criminal law. He was a former DA. We will speak again later today and he will come to the apartment early Monday to see the premises himself before we go to the precinct. I will remain silent and let him speak for me. I have taken the precaution of bring him to prevent the possibility of my being arrested, even though I have done nothing wrong.

I will let you know how it turns out.
Once again, thank you for your time and concern.
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Postby TenantNet » Sun Jul 19, 2009 11:23 am

Yes a DA (most likely a former Asst. DA) would know criminal law. But he might not know tenant law. Nevertheless, he should know enough of both to get you through it.
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Postby LP » Mon Jul 20, 2009 5:06 pm

Well, it did not go so well. I went in with my attorney, who is a former DA, not assistant DA. He could not believe they were arresting me for entering a room in my own apartment. I was not put through the system but was charged with a misdemeanor called criminal mischief. The land lord tried to say that by pushing the door open was breaking and entering and had done $2000. damage to the doorjamb, but thankfully the detective had seen the damage and said it was under $250, making it not a felony, but a misdemeanor.

Criminal mischief is defined as intentionally causing damage, such as throwing a brick through a window. Not forcing open a stuck door to turn off a TV, not realizing that any damage could be done or was done. It is clearly a trumped up charge. I had to spend all day at the police station and be finger-printed and mug shot. Me, a 63 year old grandmother without even a traffic offense to my name. I had to pay the attorney's fee and must appear at the end of next month before a judge.

You were right, my attorney knew nothing about Landlord Tenant law.
He did advise me to go back to landlord/tenant court and file an order to show cause and ask for a transcript of the trial. In it the landlord admits to having entered my apartment and allowing his friends to enter my apartment. He also admits to throwing pots and pans around my kitchen and at my bedroom door.

I had called the police on that occasion and made a complaint of harassment, but they did not even file a report. (I have the 911 call on my cell hone records and 2 friends who heard the banging and shouting over their cell phones. My attorney thinks the landlord has a friend on the police force.

He thinks it as a civil matter. If a tenant does some minor damage to something in an apartment, they are not supposed to arrest the tenant. First of all the landlord illegally entered my apartment to see the damage. He says he had a right to be there because he was conducting repairs. But he has been conducting these repairs for over 4 months. I did not ask him to come in. He just went in, turned on the TV real loud left it on for hours and days and blocked the door so I could not easily enter, veritably setting me up. There was no way I could open the door without causing some minor damage.

I am sitting here in tears, having had to spend most of the money I had been saving to move on the attorney and I still owe him $300.
This, coupled with the thugs coming in and saying those threatening things, is clearly very aggravated harassment.

Please talk to me. My heart is racing. I am scared. i have no place to go. What should I do?
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Postby NYHawk » Mon Jul 20, 2009 7:09 pm

Curious: how much did you pay your lawyer and for what???????????

Your lawyer told you to go to court and file an order to show cause?????????

That's what the lawyer is supposed to do.

There has to be more to this story.
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Postby LP » Mon Jul 20, 2009 9:07 pm

The funny thing is that I made three 911 calls when this landlord came into the apartment and harassed me but curiously only one complaint was filed.
I hired the attorney (criminal law) to keep me from being arrested and from saying anyghing self-incriminating. I believe, had I not brought him, I would have gone through the system. He tried everything to get the detective to use his discretion not to arrest me, but to no avail. he was shhocked and disgusted by the way I was treated.

He advised me to file the order to show cause in Landlord Tenant Court where he does not have the experitse to practice.
Last edited by LP on Tue Jul 21, 2009 11:03 am, edited 1 time in total.
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Contacts

Postby Emeraldstar » Mon Jul 20, 2009 10:24 pm

Hi All
At nyc.gov there is a link to the Dept. for the Aged. You can also contact the National Center on Elder abuse. Both sites have many resources that can be of help, legally, in finances, etc. Explain what the LL is doing and try to get an advocate to view the apt/rooms and assist you. They may even be able to assist you in a move to another apt. What I'm reading in your posts is abusive and your age can be the blessing to get you out of there hopefully. Good luck :wink:
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Postby LP » Mon Jul 20, 2009 11:03 pm

Thank you Emeraldstar. I will do that. Well, I never thought I would be glad to be 63. :lol:

It is not funny though. I have lost my apetite and am very aprehensive. I try not to be afraid, because fear is a negative emotion. But it is tough.
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Postby pokwang » Thu Jan 07, 2010 2:46 pm

You know what, I knew that this thing happend to you because you were alone? They got the guts to do these because they think you cant do anything or they are underestimating you.

Fight them in court, and you will win, these are abusive LL, they cant do that, you can negotiate to a good lawyer, if you dont have money, talk to a good rentlaw lawyer and make a deal with them.

At this case I can see that you can claim some money here for damages, and also those officers that mistreat you, they are in trouble.

If you find a very good rentlaw lawyer, you could let them pay for what they have done. I've heard a case like this, that the LL was using these tactics to force the tenant to leave, but this is all wrong, its harassment. and trespassing.

You could sue your LL and put him to jail, and also make him pay for damages, and all the money spent to trial, lawyers fee, etc.
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