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.
Saturday, April 16, 2016
5-Month Ordeal Finally Ends For NYC Landlord After Prevailing In Costly Battle To Regain Possession Of Rented Apartment; Two Tenants From Hell Get The Boot For Converting 3-Bedroom Unit Into 10-Bedroom Flop House & Peddling Each Room On Airbnb For $35/Night
In Elmhurst, Queens, WPIX-TV Channel 11 reports:
It took five months and 10 appearances in Housing Court, but landlord Eddie Shiew finally evicted Burack Firick and Dogan Kimilli, two tenants who rented a three-bedroom apartment in Elmhurst, Queens, from Shiew and then illegally renovated it.
They converted it into a 10-bedroom apartment without the landlord’s permission then listed the small living spaces created by the renovation for rent on Airbnb, a website for people looking for a cheap place to stay for a short time.
When PIX11 News first reported this story four months ago, the small bedrooms were being rented for $35 a night and up by Firick and Kimilli, who were not living in the apartment themselves.
When the landlord found out what was going on, he came in and tore down the renovations, changed the locks on the doors, and ordered the tenants to vacate the premises. But even though the lease prohibits tenants from making any alterations or renovations without the landlord’s permission, the housing court judge ruled against Shiew.
“They say I illegally locked them out,” he said.
What a shame!
The judge ordered Shiew to let Firick and Kimilli back into the apartment until the landlord could obtain an order of eviction. As PIX11 News reported, Firick has pulled the same renovation scam with other landlords. He texted Shiew saying, “We know the laws very well. You’ll not be able to evict us ever.”
PIX11 News followed the case in civil court for months, as Firick and Kimilli convinced the judge to postpone the case time after time, as they continued making money renting out the rooms on Airbnb.
As the court case dragged on, Firick and Kimilli failed to pay Shiew the $2,500-a-month rent they agreed to in the lease. The judge ordered the back-rent be paid, but when Firick and Kimilli ignored that order, the eviction was granted.
PIX11 News was there when the New York City Marshals showed up to serve the order. No one was in the apartment, but after forcing open the front door, it was clear people were still living in some of the rooms.
Landlord Eddie Shiew was allowed to change the locks. Firick and Kimilli are no longer permitted to enter the apartment.
So Eddie Shiew finally won the battle, but what a shame it was such a long and expensive ordeal. He is still owed $10,000 in back rent by Firick and Kimilli and plans to sue them to recover that money.
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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