Getting evicted | Imamother

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Getting evicted

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amother

Tue, Aug 09 2022, 11:15 pm

I am currently getting evicted from my apt in brooklyn. I have a court date in about a month. Does anyone have any tips or suggestions of where to go. I don't have the funds to find an apartment and cover moving expenses. I'm also dealing with a child who has some medical needs as well as a husband who is mentally ill, and is dealing with suicidal ideation.
Tia

amother

Jasmine

Tue, Aug 09 2022, 11:21 pm

Did you try to apply for a one shot deal?
But then you’ll need a plan how to pay in the future otherwise you’ll be evicted again

amother

Tue, Aug 09 2022, 11:25 pm

Thanks for the response. The landlord does not want us in the apt. I asked if I can apply for fheps and they said they want the apt. For their kids. So regardless we need to move.

amother

Jasmine

Tue, Aug 09 2022, 11:27 pm

amother [ OP ] wrote:

Thanks for the response. The landlord does not want us in the apt. I asked if I can apply for fheps and they said they want the apt. For their kids. So regardless we need to move.

Sorry. Have you applied for government programs?

tweety1

Tue, Aug 09 2022, 11:30 pm

amother [ OP ] wrote:

Thanks for the response. The landlord does not want us in the apt. I asked if I can apply for fheps and they said they want the apt. For their kids. So regardless we need to move.

I'm so sorry for you op. But if that's the case your landlord will most likely win the case. You might get an extra month or 2 to move, but needing the apartment for his own use is a very valid argument in court. Hashem should guide you in way you shouldn't be unhappy.

amother

Turquoise

Tue, Aug 09 2022, 11:51 pm

so so sorry to hear!!! I feel like there are for sure organizations to help you just not sure which. would you reach out to toimchei shabbos maybe they can refer you to someone?

amother

DarkRed

Wed, Aug 10 2022, 12:19 am

Oh dear. That’s a lot.
I wish I could help you! There certainly are organizations you can reach out to. Would you share your location?

You sound so strong.

mra01385

Wed, Aug 10 2022, 12:57 am

Try Achiezer in the five towns or the jcc of greater Coney Island. You can call the legal aid society in NYC. They offer free help to those whose need it. Hatzalacha!

amother

Moccasin

Wed, Aug 10 2022, 1:43 am

This sounds like a nightmare.
Reach out to all the organizations mentioned as well as Tomvhai Shabbos. Don't feel embarrassed, they exist for a reason.
I really hope everything works out for you. Sending so much love and hugs!

amother

Wed, Aug 10 2022, 8:57 am

Thank you for your help.

amother

Foxglove

Wed, Aug 10 2022, 9:46 am

amother [ OP ] wrote:

You may have defenses against eviction depending on your situation.

Do you have a lease? Is it still active? If it expired, did the landlord send you a notice not to renew?
Do you live in a building or house with 6 or more apartments (it doesnt have to be legal apartments so basements and attics count as well)? If he is saying that he needs to apartment for family then that is typically a reason used for rent stablization so are you rent stabilized? Did you apply for erap? And does anyone in your family elderly or have a physical disability? If you can answers these questions or explain your situation a bit more then we can guide you better.

amother

Molasses

Wed, Aug 10 2022, 10:08 am

https://www.metcouncil.org/

amother

Wed, Aug 10 2022, 10:25 am

amother [ Foxglove ] wrote:

Thank you so much for taking the time to answer. We live In a private house with 3 apacontract.
We are behind on rent and we did get erap.
Our lease has expired 3 years ago and we have been in a month to month contract.
The landlord did give us a 90 day notice that we should leave the apartment.
My husband does suffer from severe mental illness like depression.
I have a child who needs to go to the hospital once a month for treatment.
We got a court date in about 2.5 weeks.
Thanks for your help.

amother

Foxglove

Wed, Aug 10 2022, 11:50 am

amother [ OP ] wrote:

Typically landlords who accept erap cannot evict the tenant for 1 year unless they claim that they need the apartment for family which seems to be the reason why your landlord is making that claim. You do have a legal right to an attorney who may challenge the landlord to prove that he really wants it for family so that may be your defense. Not sure if disability qualifies as a defense in a non-stabilized apartment but that would be for a lawyer to determine. So def reach out to some of the non-profits mentioned above to see if they can help although bear in mind that eviction cases are skyrocketing and most if not all of these places are overloaded so you may not be able to find anyone. Call 311 or the court hotline for assistance if that happens or come back here and we can try to find you other non-profits that may be of assistance to you. And def apply for fheps or any other govt rental assistance benefits since you have an active case in court so it would be easier to get assistance (which would come in handy if you have to move as well). This is a very hard position to be in and I am truly sorry that you and thousands of other New Yorkers are experiencing it Crying

https://www1.nyc.gov/assets/te.....e.pdf

amother

Crocus

Wed, Aug 10 2022, 12:18 pm

mra01385 wrote:

Try Achiezer in the five towns or the jcc of greater Coney Island. You can call the legal aid society in NYC. They offer free help to those whose need it. Hatzalacha!

Achiezer only really helps people who live in 5 towns

amother

Wed, Aug 10 2022, 1:09 pm

Thank you for your responses

amother

Babyblue

Wed, Aug 10 2022, 1:29 pm

You are in Brooklyn which means if this is your first court appearance there is NO WAY they'll evict you quickly. When you go to court do NOT make a deal (once you sign it you're done, even if they offer you the standard 6 months free rent) rather ask for a FREE lawyer which you are entitled too. Realistically, it'll probably take him 1-2 years to evict you AND pay for your moving and storage expenses. Brooklyn courts are always against the landlord & pro tenant.

amother

Lightyellow

Wed, Aug 10 2022, 1:35 pm

OP do you want help to stay where you are or help to find somewhere else with financial assistance? The shlep through court can be hard physically, mentally and emotionally and it sounds like you're pretty much maxed out already.

amother

Fri, Sep 02 2022, 6:04 pm

Thank you all for help. I spoke to a lawyer from the court and he said there are some problems with my landlords petition. So now I have a few more months to figure out how to move.

tweety1

Sat, Sep 03 2022, 10:33 pm

amother OP wrote:

Thank you all for help. I spoke to a lawyer from the court and he said there are some problems with my landlords petition. So now I have a few more months to figure out how to move.

You might a few more months to shelp but as a landlord I have to tell you you are being very unfair. I understand you are going through tough times but that's very unfair to visit that on your landlord. All I can say what goes around comes around. Your landlord is entitled to his apartment.

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