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.
Friday, April 14, 2017
NYC To Local Landlords: Police Your Tenants Against Using Airbnb To Peddle Short Stay Rates Behind Your Back Or We'll Stick You With The Tab For Fines, Lawsuits
In New York City, Kings County Politics reports:
Recently, the City has been ramping up enforcement of its illegal transient occupancy laws in efforts to curb illegal occupancies stemming from websites such as Airbnb.
Curiously, the City is not going after the illegal shortterm occupant or the individual illegally renting out his or her apartment. Rather, the City is ticketing—and sometimes even suing—the landlord of the building in which the illegal transient occupancy is occurring. Illegal transient occupancies present an extraordinary legal and financial risk to landlords, especially out-of-possession landlords. Enforcement in this area has been especially arbitrary and burdensome against out-of-possession landlords, who realistically cannot stop their tenants from using services such as Airbnb.
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What if Tenant A’s landlord is not aware of Tenant A’s activities?
Section 28-210.3 of the New York City Administrative Code (“Admin. Code”) makes it unlawful “for any person or entity who owns or occupies a multiple dwelling or dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes” (emphasis added). The City is using the word “permit” to levy fines and commence litigation against out of possession landlords who had no knowledge of their tenants’ activities.
For example, in The City of New York v. NYC Midtown LLC, et al. the City fined the owner of a three floor walk-up building for a three-day Airbnb occupancy occurring in one of the units behind the landlord’s back.
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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