ExpertLaw.com Forums

Can You Evict a Tenant if an Occupant of their Unit is Arrested

Printable View

  • 08-01-2015, 08:13 AM
    AlwaysOnTime
    Can You Evict a Tenant if an Occupant of their Unit is Arrested
    My question involves landlord-tenant law in the State of: New York

    I know local media is going to the criminal court to obtain complaint which usually does not reflect address. If they are not getting police report since not public record then how are they getting this info? I want the same info that they have because when we go to housing court I can't rely on an article or a database and even if I can trace the perp back to an apt based on circumstantial information the tenant will of course deny that perp is living in their unit unless I can document it. Also I'll take legal action against tenants for criminal activity of guests but case is stronger when perp is living in the apt. Keep in mind this is NYC and LT courts are strongly pro tenant and evidence has to be great.
  • 08-01-2015, 12:15 PM
    adjusterjack
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting AlwaysOnTime
    View Post
    I want the same info that they have because when we go to housing court I can't rely on an article or a database and even if I can trace the perp back to an apt based on circumstantial information the tenant will of course deny that perp is living in their unit unless I can document it.

    If John Doe gets arrested and prosecuted for a crime and you suspect he resides with one of your tenants try going to the criminal court building and reviewing the criminal case file to see if the information is there that you want.

    You must own a real ghetto slum building for this kind of thing to be an issue for you.
  • 08-01-2015, 01:12 PM
    AlwaysOnTime
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Never mind. if you don't have experience with buildings in tough neighborhoods with gang presence and having to deal with NYC housing court judges then you wouldn't understand.
  • 08-01-2015, 05:06 PM
    adjusterjack
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting AlwaysOnTime
    View Post
    Never mind. if you don't have experience with buildings in tough neighborhoods with gang presence and having to deal with NYC housing court judges then you wouldn't understand.

    No, I don't understand so why don't you explain to me what your grounds would be to evict a rent paying tenant who happened to have somebody living in his/her apartment who got arrested?
  • 08-01-2015, 06:59 PM
    eerelations
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting adjusterjack
    View Post
    No, I don't understand so why don't you explain to me what your grounds would be to evict a rent paying tenant who happened to have somebody living in his/her apartment who got arrested?

    Like button.
  • 08-01-2015, 07:52 PM
    Dogmatique
    Re: Obtaining Residential Addresses Through Criminal Complaints
    I believe the difference is that these are tenants who are allowing friends, relatives, whatevers, to move in without permission. If that's the case, NY apparently does allow a landlord to get quite creative in how he deals with the situation - including legal ways of evicting the tenant himself.
  • 08-01-2015, 09:53 PM
    adjusterjack
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting Dogmatique
    View Post
    I believe the difference is that these are tenants who are allowing friends, relatives, whatevers, to move in without permission. If that's the case, NY apparently does allow a landlord to get quite creative in how he deals with the situation - including legal ways of evicting the tenant himself.

    There are some statutory limitations on what the landlord can do.

    NY RPP Law 235-F - Unlawful restrictions on occupancy.

    3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.


    So, to some extent the tenant doesn't need the consent of the landlord.

    However,

    5. The tenant shall inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord.

    http://codes.lp.findlaw.com/nycode/RPP/7/235-f

    I'd still like to know what the OP's grounds would be for evicting a rent paying tenant because an occupant got arrested. I don't think housing court would allow for too much creativity.
  • 08-02-2015, 06:51 AM
    AlwaysOnTime
    Re: Obtaining Residential Addresses Through Criminal Complaints
    We have strayed far from the question.

    1. This is not conventional housing
    2. Bringing in unauthorized people to live in unit is against lease
    3. Lease makes tenant responsible for guests
    4. I'm get all documents during arrest phase while it is still public record but not accessible once case is complete except for disposition cert. Eviction process starts whent there is conviction
  • 08-02-2015, 07:08 AM
    free9man
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting AlwaysOnTime
    View Post
    3. Lease makes tenant responsible for guests

    In what manner? If they are not committing crimes on the property, what would be the reason for the eviction? Are you giving them the opportunity to fix the problem by removing the problem guest?

    As to your original question regarding how the media gets the complete addresses...as has been answered they have sources. People who get them the information you cannot. Further, just cause some knucklehead says they live at an address does not make it so. They could be giving out the address of somewhere they once crashed.
  • 08-02-2015, 12:43 PM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    I see you tried to clean this up and I appreciate it but this is so far from my original question.

    In my case the answer is yes, technically according to our lease an arrest is sufficient. We do not necessarily need to reach a criminal burden of proof according to our lease and program. However it's still extremely difficult to get judge to agree. It would have to be a very serious crime with some kind of evidence such as video. I could probably be successful with an evictionon basis of mere arrest if lets say someone shot another person in our building and person can be seen on video coming out of unit can be identified on video and crime itself is on video then judge would likely evict . Evidence usually not THAT great so I wait forconviction. Usually they plea guilty
  • 08-02-2015, 12:57 PM
    HRinDEVON
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    You can put anything you want into a lease ...but if it conflicts with public policy or law..good luck on getting court to uphold that provision of your lease. I happen to be very emphatic as to your quest to keep your places safe .
    But if you are operating some sort of non conventional residential facility your best next stop,is seasoned counsel as to how to adapt to what is a very pro tenant system ...
  • 08-02-2015, 02:40 PM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    No conflict. It's a government written lease
  • 08-02-2015, 03:25 PM
    Mr. Knowitall
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    Horse puckey. If it is a "government-written lease", such as a model lease for Section 8 housing, the problem is that you don't understand its terms.
  • 08-04-2015, 09:07 PM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    I respectfully disagree.
  • 08-04-2015, 10:02 PM
    Mr. Knowitall
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    Quote:

    Quoting AlwaysOnTime
    View Post
    I respectfully disagree.

    You are free to disagree with facts, all you want. Won't change 'em.

    Post a link to the "government-written lease", and perhaps somebody will explain it to you.
  • 08-05-2015, 01:25 AM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    Nah, not necessary. Only interested in the original question.
  • 08-05-2015, 02:03 AM
    Dogmatique
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting adjusterjack
    View Post
    There are some statutory limitations on what the landlord can do.

    NY RPP Law 235-F - Unlawful restrictions on occupancy.

    3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.


    So, to some extent the tenant doesn't need the consent of the landlord.

    However,

    5. The tenant shall inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord.

    http://codes.lp.findlaw.com/nycode/RPP/7/235-f

    I'd still like to know what the OP's grounds would be for evicting a rent paying tenant because an occupant got arrested. I don't think housing court would allow for too much creativity.

    Oh, I absolutely agree.

    New York is just a strange animal at times. This would be one of 'em.
All times are GMT -7. The time now is 10:55 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved