True Crimes in Real Estate returns with the story of Despicable You?
Not all scams etc. are carried out by unknowns, some are by tenants, some by owners. Real estate crimes is an equal opportunity thing. One of the most puzzling things I have encountered is scams committed for no logical reason. Take the case of this true-crime: Despicable You?
True Crimes in Real Estate: Case #1111 Despicable You?
The tenant, her husband, grandchild, and daughter move into an apartment. The wife is on a program. This is not a problem. The daughter and grandchild are. They are not on the voucher. Attempts to restrict the daughter from the apartment fail. The landlord is a nice guy. He decides not to pursue the matter any longer.
No Rent then this
The next problem to arise is the late payment of the rent. The tenant is frequently late with her portion of the rent. I intervene and the problem is resolved.
Months pass, a year passes then more trouble. The tenant file reports to HPD about holes in the wall and lead. HPD must check out all claims even if they don’t believe them.
Note: Claims of lead or asbestos must be verified by testing. You can’t look at something and say that’s lead or asbestos. Claims of lead in a child are verified by a blood test. The grandson was never tested for lead.
Lead Inspection Results
The inspector finds lead. Lead paint was used in the majority of buildings before 1978. President Johnson would pass legislation stopping the use of lead paint in buildings after 1978. Wait, there’s more.
Don’t Disturb The Lead
As long as the apartment is in good shape, no peeling paint, no holes in the wall, etc, the lead is not considered a problem. The problem arises when the lead is disturbed.
Major maintenance and renovations are sources of lead disturbance, This causes lead dust. Everyone knows about the peeling paint issue. But what about putting holes in the wall? This too releases lead dust. I instruct tenants and landlords in building build before 1978 not to make holes in the wall. This includes holes for hanging pictures.
The Culprit
The inspector found lead dust in a hole in the apartment. A hole created by the grandchild. He dug into the wall creating a hole near an outlet. No one in the apartment stopped him. The grandson had created the lead problem. The adults in the apartment allowed it.
The Owner’s Response
The owner goes to see the damage reported by HPD. The tenant refuses to allow access. A violation of the lease. It’s time for the court to intervene but not so fast. HPD decides that they will abate the lead. They tell the tenant she can stay in the apartment during the abatement. A violation of lead abatement removal procedure. The owner goes to court. He petitions the court to force the tenant to allow access. He wants his own licensed contractor to inspect the apartment. This is his right. HPD proceeds anyway.
Point of Fact
You cannot be in an apartment during lead abated. This exposes you to potential lead dust. HPD was wrong in allowing the tenant to stay during lead abatement.
HPD”s Contractor Fail
In the ensuing chaos, HPD’s contractor removes painted wood on the doorway to the apartment. There is dust everywhere. The family remains in the apartment. Breathing this stuff in for the many days that HPD makes its repair.
The contractor fails to protect the public from lead dust. Not to mention the tenants. Does the tenant complain to HPD? No.
The Story Continues
The apartment is abated by HPD. The tenant is removed from the program she was in. She owes the landlord thousands of dollars in back rent. And cost him thousands in repairs. For what I ask you?
The worse part. She exposed her grandson to high levels of lead. This by staying in the apartment during the abatement.
Apartment Lost
The tenant loses the apartment. No program, no rent, no apartment. She lost many work hours going back and forth to court. The tenant files one action after another, rarely showing up to court dates. Her daughter turned against her.
Note: The eviction judgment allowed the daughter to stay in the apartment for a while. The mother and husband were ordered to vacate in 30 days. The daughter did not give the owner any grief while she looked for an apartment. Imagine that.
Damage Done
In the end, the amount of damage done exceeded the damage to the apartment.
- The owner no longer participates in any program.
- He is dealing with violations brought on by the tenant’s destruction of the apartment.
- There is a new lead problem that did not exist brought on by HPD’s contractor.
- The tenant and family lost the apartment. It’s back to the shelter for them.
- The result is one more owner who will no longer take part in programs. One less rental property for all programs.
The Damaging Ripple Affect
My new neighbor has a three-family house he is renovating. There is a three-bedroom apartment there that would be perfect for a HASA I have. He refuses to take part in any programs. He and his wife have heard horror stories about programs. They have their own problem with a program tenant.
This means I cannot place this family in this apartment. The mean spirit of a few has a ripple effect on the many.
No End In Sight
As this continues; every day another owner chooses not to participate in programs. There is no law that mandates that they have to participate. And there never should be. If you have a friend in a program who decides to make an owner’s life miserable for no good reason, Stop Them. For the sake of the good people out there trying to get back on their feet, STOP THEM.
One Last Note
Owners, agents, brokers, family, and friends all talk to each other. No despicable act goes unnoticed or unpunished. The problem is the next person is the one that pays. Left unchecked, available housing for programs will be a thing of the past.
I do not understand how someone who was in the shelter system would do something so stupid. The outcome is returning to the shelter you tried so hard to get out of. Yes, protect your child from lead exposure. No, do not create the lead exposure problem. Do not allow people in your household to create a health problem.
Disclaimer
Disclaimer: I am not a lawyer and nothing stated here is legal advice. This article applies to the five boroughs of New York. All information deemed accurate but not guaranteed. Always check the real estate laws in your part of the country.
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