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landlord and false allegations

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sugarb29ny

Junior Member
What is the name of your state? New York

my kids and I have been living in a subsidize apt, before we moved in here my family and I were told to stick it out for the years lease and they would move is closer back to where I moved from. we have been here for almost 4 yrs and now for 2 wks they have been calling here trying to get me to go in and renew the lease. I told them I dont want another lease I want to move because I have serious medical conditions and need family close to help me. Since I've told them that I have not returned any of their calls. They came into my apt when i wasnt home last week and left me a note that if i dont contact them they will alert the authorties (cps). They didnt have no reason to call them, but did with false reports. When cps came to my apt that night she seen that the alligations were untrue. The cps worker called the agency and told this lady not to keep calling here that I was stressed out enough with other matters. Well, today she came here while my and my kids were sleeping. i wake up to her at my bedroom door. I told them AGAIN I wont be signing the lease. When they were leaving she called me a b!tch. I did call the police to find out what I can do. they looked at my caller id and messages from then and they said they can charge her with telephone harassment. Is there anything else I can or should do leagaly?
 


BL

Senior Member
You should have also had the LL charged with illegal entry .

The Law states if they wish to evict you , they must go through the Courts ..

If you refuse to sign a Lease that is required to live there , they may be able to have you evicted .

Call DSS's adult protective dept . to see what your options are ?

You may not necessary need to be monitored , but that dept . may give you some guidance / Let them know of the false CPS report .

If the LL illegally enters your Apt. called the Police and request them to arrest the LL .
 

sugarb29ny

Junior Member
I was told that because I sublease from the agency that they can come in whenever they feel like it, but I was under the impression that it was for emergency purposes only. I also did call cps and waiting to hear back from them. When cps came friday night she said to me the case has to stay opened for 30 days and if it's found "unfounded" then I can do something legaly.
 

BL

Senior Member
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

RIGHT TO PRIVACY

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .

I know of incidence where the LL was illegally entering an Apt. The Police told him point blank with a warning , if you do it again I'll personally put the cuffs on you and haul ya off .
 
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