Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Sunday, December 06, 2015
Lawsuit: Condo-Converting NYC Landlords Are Screwing Over Elderly & Disabled Tenants By Forcing Them Out Despite Decades-Old Local Law Requiring They Get Option To Continue Renting; Plaintiffs Claim $100 Million In Damages, Seek Class Action Status
In New York City, The Associated Press reports:
Inspired by his own experience living in a New York City apartment building that was converted into high-priced condos, a 71-year-old former state regulator is taking on developers citywide on behalf of seniors and disabled tenants.
Walter Goldsmith claims in a state lawsuit filed late Tuesday that landlords have ignored a decades-old law that requires them to give tenants 62 and older and those with disabilities the option to stay-on as renters in their apartments rather than move away or buy themselves.
Experts say the case could provide an extra layer of protection to vulnerable market-rate tenants who have lost housing security as rent-stabilized and regulated apartments have decreased in recent years.
"It's fair to say these people are entitled to some stability and harmony in their lives," said Goldsmith, who for the past 10 years has lived in a cozy one-bedroom in a 31-story building on Manhattan's Upper East Side.
Landlords had previously argued, as Related Companies did to Goldsmith in correspondence provided to The Associated Press, that the option for seniors and disabled renters to stay-on only applied in cases where buildings were converted via eviction plans — that is, when 51 percent of the building's units were purchased by people who live there.
But in so-called non-eviction plans, where only 15 percent of the apartments have to be sold for the plan to become effective, tenants are often pushed out because their leases aren't renewed or they're given hold-over leases during the conversion process, real-estate lawyers said.
"A lot of buildings have tenants who are not protected under rent stabilization and rent control, particularly in Manhattan," said longtime real estate lawyer Kevin McConnell, who is not part of the lawsuit. "What we have been seeing is, where once tenants were all protected and had very few vacancies, now you walk in and there are vacancies all over the place."
The attorney general's real estate finance bureau regulates the conversion process and has in recent years stepped up its enforcement and regulation of conversions. On Nov. 10, the office issued new emergency regulations that require building owners to provide seniors and disabled tenants explicit notice of their right to choose to continue renting at rates that won't soar. A spokesman for the office declined to comment.
The lawsuit, which claims $100 million in damages, seeks class-action status. A spokeswoman for Related Companies, the parent company of Carnegie Park Tower, LLC, which owns Goldsmith's nearly 300-unit, $483 million apartment building, said in a statement that while officials hadn't seen the court papers, the company "scrupulously followed the statute and adhered to every applicable regulation."
Marc Held, the attorney bringing the lawsuit with Goldsmith, said at least a quarter of the building's renters are either elderly or disabled, including at least one blind tenant.
"These are apartments that are triple in value vacant what they are with a rent-regulated tenant in there," he said. "There's a tremendous financial incentive not to comply with the law."
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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