Crow Hill Legal Question Memo Regarding Unlawful Landlord Practices

A question was asked at one of our general meetings what legal recourse a tenant can use when a  landlord pushes out a tenant and claims that it would be used for his family’s use‎ and then turns around and uses it for something else. Below is the answer, shared by a rep from Councilwoman Cumbo’s office.

Question:

When a landlord pushes out a tenant and claims that it would be used for his family’s use‎ and then turns around and uses it for something else, what legal recourse can a tenant use?

Answer:

It would depend on two things: Is it a rent regulated apartment? And, was there a court case?

If the answer to both questions is yes, the answer is:

1. The landlord might be precluded from taking rent increases for the building (though that would depend on DHCR)

2. The tenant might have a cause of action for damages against the landlord (he’d have to sue in Supreme Court). If the answer to both is no, then:

If the apartment is not regulated and the lease has expired (or there never was a lease), the landlord does not have to give a reason for evicting the tenant. So if the landlord gives a reason that turns out to not be true (or the landlord changed its mind), it’s really neither here nor there.

The landlord cannot forcibly remove the tenant without a court order. If the tenant voluntarily moves out then that’s fine, or if the landlord obtains a court order and a city marshal evicts the tenant, that’s legal.

SHOP LOCAL CB8

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Taking place from November 14th, 2014 through January 18th, 2014, SHOP LOCAL CB8 is an initiative by the Economic Development Committee of Community Board 8 to promote shopping locally in North Crown Heights, Prospect Heights and Weeksville,

Click here for more info.

 

Wednesday, November 19th: Emergency Town Hall

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On Thursday, October 9th 2014, 20-30 unsupervised students from local schools began a terrifying brawl outside a quiet Coffee shop on Vanderbilt Avenue b/t DeKalb and Lafayette Avenues (after school hours). Local business owners tried, desperately, to intervene but were met with profane language from students. 911 was called.

Come and join the conversation and help us to keep our neighborhood safe.

When: Wednesday, November 19th from 6:30pm-8:00pm
Where: P.S 20, 225 Adelphi St Brooklyn, NY 11205

Guests will include:

  • Brooklyn Borough President Eric Adams
  • City Council Member Laurie Cumbo
  • Kicey Motley of the NYC Mayor’s Office
  • Local School Principals.

For more information, call (917) 353-2990

Police Commissioner William J. Bratton Announces Change in Marijuana Policy

Persons May be Issued Summonses for Low-Level Marijuana Possession Offenses in Lieu of Arrest

Today the NYPD outlined a new policy pertaining to the enforcement of low-level marijuana possession offenses.

This new marijuana summons policy allows police officers to issue Criminal Court summonses, in lieu of arrest, to people found in possession of a small amount of marijuana, 25 grams or less, in a public place open to public view—that is not burning, and is consistent with personal use.

Beginning November 19th, the NYPD will summons eligible people who possess small amounts of marijuana (25 grams or less) with the lesser included violation of unlawful possession of Marihuana (Penal Law 221.05) rather than charge them with the misdemeanor crime of Criminal Possession of Marihuana in the Fifth Degree, subdivision one (Penal Law 221.10(1)).

People will not be eligible for a summons if they have an active warrant, they are wanted in connection with an active investigation, they are charged with another fingerprintable offense, or they have no proper identification.

Officers will issue summonses in the field unless conditions warrant processing at a Department facility.

In all cases, the marijuana will be seized and vouchered.

In the first 10 months of 2014, the NYPD has received approximately 23,000 911 or 311 calls from New Yorkers complaining about the sale or public smoking of marijuana in their neighborhoods. This is almost a 30% increase over last year. The new summons policy reflects the distinction New Yorkers make between the more significant crimes of smoking and dealing, and possession of small amounts of marijuana.

“Make no mistake, marijuana is still illegal in New York City. People smoking marijuana in public will continue to be arrested. But possession of small amounts, with certain exceptions, is not considered a high enough level of offense to merit the time and resources the Department spends when arresting people, or the potential associated consequences of criminal justice involvement for the arrestees,” Police Commissioner William J. Bratton said.

“This new policy will reduce unnecessary arrests for minor marijuana possession and put an end to an era where many of young New Yorkers were being arrested and saddled with criminal records for minor violations,” said New York City Mayor Bill de Blasio. “Today’s action is the latest in a series of steps Commissioner Bratton and I have taken to rebuild the relationship between the NYPD and the communities they serve. We are also enhancing public safety with this new initiative by directing police resources towards more serious crime, and not wasting officer time processing unnecessary arrests.”

Over the next days before the policy takes effect, the Department will release a new internal Operations Order detailing the procedure, and a training video to be shown at roll-call training sessions.

This policy was developed after consultation with all five District Attorneys, the NYC Special Narcotics Prosecutor and the Courts.

CB8 General Meeting

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~ MEETING NOTICE~

DATE:
Thursday, November 13, 2014

PLACE:
St. Joseph’s Roman Catholic Church
856 Pacific Street (near Vanderbilt Avenue)
Brooklyn, NY  11238

TIME:
7:00 PM

  • Meeting Call to order
  • Roll Call Acceptance of Minutes
  • Ms. Jeneen Johnson from NYC HRA Child Support will make a presentation on child support enforcement information.
  • Ms. Cara Lacey from Liro Group and Mr. Shane Ojor from the NYC Dept. of Environmental Protection will make a presentation on Bioswales, Storm Water Greenstreets, and other storm water management measures.
  • Correspondence
  • Action Items:

Housing/ULURP Committe;
Parks Committee;
SLA and Sidewalk Café Review Committee

  • Report from the following committees:

Aging
Economic Development
Education
Environment/Sanitation
Health
Parks
Public Safety
Youth & Family Services

  • Old Business/New Busines
  • Acknowledgement of Elected Officials/Agency Reps
  • Public Comments/Announcements
  • Adjournment

Free Civil Legal Services

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The Mobile Legal Help Center is a partnership between the New York Legal Assistance Group (NYLAG) and the New York State Courts’ Access to Justice Program that provides free civil legal services to New Yorkers in need. Private meeting rooms and technology inside the vehicle enable it to function as a full-service office.

The vehicle will be stationed at: 1700 Bedford Ave., Brooklyn

To Make an Appointment please visit the office of Council Member Laurie Cumbo on November 21, 2014 from 10am to 3pm.

http://nylag.org/MLHCappointments

For more information, please call 718-260-9191 ext. 2