Low-Income, Elderly Harlem Tenants Fight Back Against Harassment by Landlords

April 9, 2013, Harlem, NY—A group of low-income, elderly tenants are
going to court to bring a stop to a long term, sustained harassment
campaign started by their landlords in order to get higher rents. The
tenants are represented by Manhattan Legal Services (a program of Legal
Services NYC) and DLA Piper (Stephen Davidson and Capricci Barush,
serving as pro bono counsel).

The plaintiffs, residents of six apartment buildings in Upper Manhattan, are primarily long-term tenants in rent-controlled and rent-stabilized apartments. Shortly after the defendants (a group of landlords, management companies and related individuals) took over their buildings, these tenants began to experience problems obtaining basic repairs and with essential services such as heat and hot water. The landlords started to send tenants debt collection letters for money that was not owed, threatened court action if tenants did not pay those debts, and began charging fees for washing machines and air conditioners which they were not entitled to collect. The landlords also tried to collect portions of the rent paid by the Senior Citizen Rent Increase Exemption program (SCRIE) and the Section 8 Housing Choice Voucher program from tenants in violation of the law. In some cases, the landlords actually rejected timely rent payments from tenants and then charged them late fees for not paying on time. These deceptive business practices forced tenants to choose between paying illegal rents or risking eviction.

When the tenants complained to city or state agencies about the conditions in their buildings, the defendants sent letters threatening legal action, and filed court cases against those who refused to be intimidated into paying illegally high rents and those who rejected buyout offers. In a move that showed their utter disregard for the law, defendants filed nonpayment cases against tenants for rent arrears that prior court cases had already determined were not owed. As a result, a number of these elderly New Yorkers now find themselves on the “Tenant Blacklist” with damaged credit ratings.

“It was a horrible thing when I woke up one morning to find that rats had eaten a hole through my bathroom door to get into the rest of the apartment. But what is even worse is having a landlord who does not care that it is happening,” said eighty-five-year-old Antoinette Joseph, a plaintiff who lives in one of the buildings. “It is awful to be dragged into court when you don’t owe any money and to know that the landlord will do anything he can to evict you, just because you are old and have lived in the building for many years.”

The landlords and management companies also engaged in other harassing conduct, including illegally demanding from tenants confidential information relating to immigration status and financial records before they could obtain keys to the building; making false reports to government agencies and courts relating to tenants; issuing leases that made it seem that tenants with Section 8 and SCRIE did not receive those benefits; and installing surveillance cameras trained on tenants’ apartment doors (claiming, incredibly, that the cameras were “fire alarms”).

“Elderly tenants should not have to fight for services that are required by law, nor should they be at risk of eviction for making legitimate complaints about heat and hot water to government agencies,” said Manhattan Legal Services Staff Attorney Mary McCune. “To attempt to create higher profit margins by overcharging vulnerable senior citizens or fabricating rent arrears by rejecting rent and charging late fees is unconscionable.”

The tenants are bringing action under New York City’s Tenant Harassment Law and New York State’s Consumer Protection Act. The action is made possible in part by Columbia University’s support of Manhattan Legal Services’ Manhattanville Legal Assistance Program.

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