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We are sub-tenants and have recently started being harassed by the super who is also the President of the Board. The super has a personal problem with us and it all started when our toilet overflowed, he became very annoyed with us. We paid for the repairs for the apt below us and a few weeks later he sent us House Violation fee of $350 dollars saying we neglected our bathroom and we should have known there was an issue. We contested the fine and since then the harassment has started. He is now trying to have our landlord evict us because he claims we are "undesirable tenants". Can i sue him for harassment and Libel. I have all his slanderous words in writing. He also wont allow us to have a board meeting to state our side. What is the next step after they take our landlord to court?
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Our landlord is a individual shareholder, we are glad to leave but we will not do so until our lease is up in April. We dont want to renew.
We pay our rent timely and do response to issues in a timely manner.
How easy is it for the board to evict us based on soley that one person doesnt like us? They are putting the pressure on our landlord by having their Attorney send him a letter thretning that he should give us 30day notice of he will be taken to court. Can anyone tell me what will happen after he is taken to court?
Our landlord stands up for us by saying we are good paying tenants and never been disrepectful to him. Does the board have to take us to court also to evict us?
Start your EMAIL trail! Send Emails outlinging the events to all the Board, the apt owner and manangment. Be professional, and state that this boarders on harassment. Also, ASK in your Emails if this fine is in the Bylwas, lease or house rules -- all of which the owner of your apartment should have.
You can protect yourself -- but only if you follow up.
VP
Just keep taking the building to court, you don't need an attorney you can start a pro se order to show cause. First of all fines and violations are illegal there is no clause in the PL or black book or bylaws or BCL that fines and violations can be issued to coop owners, that easily can be beat. For harrassment of non repairs you call the HPD 311 and issue a complaint as long as it is the buildings responsibility you take them to court or if the don't fix the problem within 60 days the HPD will issue the building a fine and you can have your repairs fixed by a contractor and bring the invoice to court with the HPD complaint and your money will be refunded by the order of the court. Just keep taking them to court and paying for legal fees they will eventually stop when they see what it will cost the building for legal fees plus to fix your apt. and fines for not complying. Then I would send a letter to all shareholders as to what the super/president is costing the building to harrass shareholders. You can also collect proxies to start a special meeting to remove all you need is 25% of shareholders to sign a proxie and call the meeting to remove him as President. Look in your Black Book it will help you get rid of him it will illustrate clauses to remove an officer such as he. You also need the majority of the Board to remove him as an officer without cause, they could just vote him down. Remember, any decisions he makes the majority of the Board must agree with his decision. Good Luck!
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Is your landlord a sponsor of the building or an individual shareholder? If the landlord is a sponsor, you may persuade the sponsor with a responsible conduct that you are a good tenant (e.g., making timely payments, responding to the toilet overflow and paying for the damages, showing respect for house rules, etc). If you are the tenant of an individual shareholder and the pres. says you must go, then pack your bags and go! Your lease may not be renewed.
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