Do You Need to Evict Your Bronx or Mount Vernon Tenant?
I HELP LANDLORDS and represent landlords in the Bronx and Mount Vernon.
So, here’s the story. If you’re a Landlord, and you’ve been trying to evict somebody maybe for a year or a year and a half or even two years or more, we can help.
Perhaps you have a judgment and maybe you have a warrant.
But, the odds are you still have not been able to evict a tenant. This is because we have a government that is openly hostile to small landlords. In our opinion this is unconstitutional. It is a denial of your right to due process and it is a denial of your right to equal protection under the law. It is even a taking without compensation.
What did our former governor do? The Answer is he decided New York was not going to allow any evictions, non-payments, Holdovers under the guise of tenant protection during the time COVID19 was closing some businesses. He also signed a tenant protection bill that should have been called the “Lets rip off as many small landlords as we can bill”
Perhaps by now you may be thinking that Rogers does not think closing Court was a good idea and you would be right. In fact, I went on record in 2020 with a plan to use the empty schools and cell phones to move tens of thousands of cases. Instead of doing that the Administration closed everything down. That was an abdication of responsibility and it shall forever be a stain on the Judiciary. I for one will never forgive the Administration for the way our third branch of government was denied to Petitioners for so long while those same people in power continued to draw paychecks.
For well over a year it did not matter if you bought a house and the seller refused to move after the closing, or if you brought a foreclosure and the former occupants would not even let you in the building or if you had a squatter who moved in after the tenant left, regardless the government extended the stay on evictions first to June 2020 than the end of the summer than October then into 2021 and finally to January 15 2022.
The latest affront, in 2021, the latest perverseness out of Albany and the judiciary was that even if you had a Judgment, and you won your case before covid was ever brought to us from China, you now had to make a motion for permission to ask the marshal to serve a notice of eviction. And you had to make this in multiple languages even if the tenant is from the Bronx.
This was brand new stuff, totally unconstitutional. But the Administration got away with it under the guise of FEAR.. Well to me the real fear a small landlord has is losing their home because a destructive tenant is not paying rent, flooding the house, threatening your family, using your water and heat and living high on the hog while you the landlord suffer. We have hundreds of clients reporting their tenants bought new cars and big screen televisions and made no effort to pay rent while they were employed full time. That was and remains shameful and it is so wrong. And the government allows tenants to get away with it. And it gives them free lawyers to help the process along.
So, what do we do and what can we do? We immediately prepare a motion for you so we can get permission to have the marshal serve that 14 day eviction notice ( long ago NYS got rid of our 72 hour notice which in my opinion was also an unconstitutional taking from all property owners). We e-file this motion. The court will eventually give us a date to hear the motion. We get your predicate notice served and get your case heard. I have over 250 cases at present moving through the system.
Then, just when things were looking up, because the misguided legislators in Albany had not pummeled the poor landlord enough, the man in the White House gave us ERAP. Emergency Rent Assistance program. The program is ok for non- payment cases. However, if you are asking a tenant to move it is just one more wrongful affront to home ownership. Cases in Court were and still are stopped dead when a Tenant applies for ERAP. You can bet your bottom dollar that the free lawyers for Tenants instruct everyone to apply. Tens of thousands of good cases are put on hold. Even today your case could be stopped by ERAP filing.
Fortunately, the law has a way for us to get rid of that Stay if you want the apartment for family, have a small house, the tenant is in an illegal apartment you want to remove etc.
If you have a problem tenant do not despair and do not give up. Please call me at 718-994-1640 because there are predicate notices that need to go out before we can start that Holdover case. And the good thing is, if you have to do a 90 day or a 60 day or 30 day notice, depending upon when your tenant moved in, then we can get that done so your case will get filed at the earliest possible time and you can get a court date. Please do not think that you can’t do anything. That’s not true. There are steps that we can take. We are getting trials. We are getting Warrants and We are getting EVICTIONS.
There is hope again, 718-994-1640 I look forward to hearing from everybody. And don’t forget, it’s always free to either email or call or come in. We help Landlords. That is our mission. And when it is time to vote please vote out anyone from the party that believes Landlord rights are not as important as Tenant rights.
Have a great day.