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HDFC eviction/arrears, legal question

Started by Anonymous2013
almost 11 years ago
Posts: 120
Member since: Jan 2013
Discussion about
My building is trying to get rid of a renter. She has pets that attack our seniors and has left burners unattended causing fires. She owes the building over 25k, around 5 years of rent. But it looks like she will not be leaving. The judge is favoring her situation. Is that the way it goes or is there anything that can be done?
Response by Anonymous2013
almost 11 years ago
Posts: 120
Member since: Jan 2013

My neighbor is on the board. The tenant's dog attacked one of her friends. The tenant is protected by social services somehow. The judge is not interested in complaints. My neighbor is losing it. How can this be the case when I have had friends who are quiet long term renters get evicted seemingly at the whim of the landlord? And why does social services completely get to over-ride very substantial ongoing "nuisance" complaints?

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Response by cc2015
almost 11 years ago
Posts: 43
Member since: Jan 2015

Sorry to say it, but the judge is probably favoring her situation for a reason.

Its really hard to prove animal attacks and negligence. I don't know much about politics, but the dog thing is probably not her only violation. If you are in a coop you and her neighbors might even be able to enact some sort of unpleasant rule that she will have to abide by. Even if its simple and petty, if she doesn't follow the rule it will give you more legitimacy in court.

Although the 25k in back owed fees can be a lot of $$ for some people.

If you really want to get rid of her befriend her, and get her to make bad financial decisions. I once had a terrible roommate that was like this.

Always late w the rent, she use and brake others peoples things. She would even wear other peoples clothing out, and then pretend that she didn't.

Eventually she wanted to go on an expensive and lavish trip to impress her new BF. When we finally went to court over the unpaid rent she didn't have the $$ the court decided she owed us.

Eventually we got back for the missed rent, but she did have to move.

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Response by Anonymous2013
almost 11 years ago
Posts: 120
Member since: Jan 2013

The judge doesn't want her to be homeless. It has been in the bylaws for years that these dogs are not allowed. A lot of the stuff that she has done has been documented. I'm thinking we probably need to get a better attorney?

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Response by miker430
almost 11 years ago
Posts: 51
Member since: Nov 2012

Are you on the board? If she is in your HDFC she was probably the city's tenant before the conversion, wonder why she didn't buy her unit. I assume the coop owns the unit and will sell it when the apt is vacated. And she must pay her gas bill if it hasn't been turned off, if its paid for in the maintenance, you might be able to have it shut off. If you are the board you need to be persistent and patient it will take a long time, and your management company should lead the effort. You should sue for back rent but she probably doesn't have any money, but you might be able to garnish something. It's important not to get swayed by emotion. If the coop owns the unit you can try buying her out. Most HDFC coop's lawyers were referred by HPD and tend to lean towards the city's view of things and I don't think anyone wants to see this woman on the street.

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Response by Anonymous2013
almost 11 years ago
Posts: 120
Member since: Jan 2013

Thank you for this info. I have found out that she has been made a shareholder but has not been granted the stockshare yet. She lived in the building during the transition but the unit was sold to a now deceased family member. The board seems mostly interested in money and has the understanding that she cannot be tried for anything other than arrears, at least until the arrears case is itself resolved. Do you know whether that is in fact the case? She has been in court with the building for decades and nothing has changed. Gas is not part of maintenance. I believe there is some interest in trying to offer a buy out but little optimism that she will accept.

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Response by miker430
almost 11 years ago
Posts: 51
Member since: Nov 2012

You can't just be made a shareholder. If the shares belonged to a deceased relative the shares are probably in an estate which would have to be settled. If it has been settled and she has inherited the shares she still needs to be approved by the board and she must fit in the HDFC regulations. That said many HDFC boards don't follow all the rules. If you want to effect any change in the situation I suggest you run for the board. I am sure there is more to the story but not sure a board would approve anyone as a shareholder who doesn't pay their bills.

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