Queens Tenants Tell Abusive Landlord: No More Illegal Displacements!

Queens, NY, December 20, 2011—A group of 46 Queens tenants from a large
apartment residence in Jamaica have filed a joint lawsuit in Supreme
Court, Queens County, against their landlords, alleging repeated and
systemic violations of the New York Rent Stabilization Law, Consumer
Protection Act, and NYC Tenant Protection Act designed to effectively
force them from their homes to make way for higher-income tenants. The
plaintiffs are represented by the Catholic Migration Office and Queens
Legal Services (a program of Legal Services NYC).

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These current and former tenants of 90-36 149th Street are largely low-income, hard-working Latino immigrants, many of whom are elderly. For more than 10 years, they have endured a barrage of unlawful rent increases and illegal charges, all the while struggling to have the landlord conduct basic repairs. Tenants who have been forced out of the building have seen their apartments immediately renovated and marketed to other consumers as “luxury rentals.”

According to the 149th Street tenants’ complaint, the defendant landlords, Jamaica Seven LLC and Zara Realty, have engaged in a pattern of fraudulent and harassing tactics such as threats of eviction and improper rent demands; disturbing tenants to gain access to their apartments without prior notice or valid reason; and a host of illegal or excessive fees charged as additional rent, including air conditioning charges and legal fees. The 149th Street tenants have lived with vermin, a leaking roof, mold, rotting cabinets, cracked floors, broken locks, missing or broken appliances, and inadequate heat in the cold winter months. Even when efforts have been made to meet basic health and safety standards, the defendants have often had the audacity to pass the cost on to the tenants; for example, charging residents for the replacement of windows broken by the defendants’ own employees

“The harassment and illegal practices of this landlord represent a serious threat to the preservation of affordable housing in New York City. By filing this lawsuit and standing up to their abusive landlord, these tenants have a taken a courageous step not only to protect their rights but to draw attention to a much larger problem,” said Robert McCreanor of the Catholic Migration Office. “Unfortunately, it is all too common for recent immigrants and other vulnerable peoples to suffer from illegal and abusive practices such as these. The Catholic Migration Office stands with these low-income tenants and others whose human dignity demands fairness and justice in housing.”

149th Street tenant Nelson Lopez adds, “A lot of people are moving out of the building.  Some people just can't pay the rent because [the landlord] keeps raising the rent and he isn't giving these people a chance…I don't like the way this guy is treating us, the tenants. He doesn't talk to people nicely, and he harasses us.  He is trying to get money from us that he doesn't deserve.  He claims that he is making repairs but he isn't fixing anything!”

Fellow 149th Street tenant Douglas Brooks notes, “It’s always something with this landlord. Every week, tenants are being harassed. Since this landlord bought the building, the rent bills have more and more charges, adding something on to our rent every month. He's been really unfair to everybody…lots of tenants are moving out because of the harassment.”

Queens Legal Services Housing Rights Project Director Ann Ascher states, “The landlords in this case have extensive real estate holdings across Queens and Nassau counties, and the harassment suffered by our clients is likely being experienced by tenants in numerous different apartment buildings they own and manage. Their business model requires that, in order to make a profit, they must violate our tenant protection laws by effectively forcing low-income people out of their homes. These tenants are taking action not only to defend their own rights but to send a message that such actions cannot and will not be tolerated.”

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