“Evictions Questioned in the Bronx”

June 18, 2009

A housing lawyer who represented landlords in Bronx tenant evictions for years may not actually exist, according to authorities. The New York Times tells the strange story of a self-described "eviction specialist" who is suspected of creating a false identity in the course of his work as a process server. Legal Services NYC Executive Director Andrew Scherer says that if it is true that the attorney does not
exist, any judgments in cases filed under his name might be vacated by
the court.

From The New York Times article:

Shekila Kemp was living on public assistance and struggling financially
when she received notice last year that she was facing eviction from
her Bronx apartment for failing to pay the rent.

She fought the case, but learned months later that there was a serious problem with the paperwork filed against her in Housing Court.

The
Bronx lawyer who claimed to represent the landlord, Robert Klein, is
listed in the court papers as having an office at 2925 Mickle Avenue in
the Bronx. There are no Robert Kleins at that address registered to
practice law in New York State, according to the state’s Office of
Court Administration. Longtime lawyers for tenants and landlords in the
Bronx say they do not know him.

Mr. Klein has also failed to
show up for any of the proceedings involving Ms. Kemp, including a
hearing on Wednesday, even though a subpoena for his appearance had
been mailed to his office.

In fact, the authorities now suspect that Robert Klein does not exist.

The
case has raised questions about the role that a man named Curtis
Brooks, a courthouse regular but not a lawyer, played in seeking Ms.
Kemp’s eviction. It also could cast doubt on the legality of other
Housing Court cases, perhaps dozens, that bear Mr. Klein’s name.

[…]

Andrew Scherer, a housing lawyer and writer of “Residential
Landlord-Tenant Law in New York” who is the executive director of the
nonprofit Legal Services NYC, said that if it is true that Mr. Klein
does not exist, any judgments in cases filed under his name could be
vacated by the court. “The tenants who are affected may very well be
entitled to money damages and conceivably restoration to the apartment
if they’ve been evicted,” he said.

 Read the full June 18th story at The New York Times website.

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