How to Escape the Dreaded ‘Tenant Blacklist’

Apr 13, 2019 · 29 comments
Joel (New York)
The blacklist is to some extent a reaction to NYC's tenant-friendly legal environment. A well-advised tenant who aggressively resists can drag out an eviction proceeding for non-payment for years. With that as background, wouldn't any rational landlord want to avoid renting to someone who a prior landlord needed to evict.
Stewart (NY, NY)
There must be some facts omitted from this story. How would the landlord have the lessee's roommate's information if they were not on the lease? I don't have much sympathy for blacklisted tenants. It may be true that a small percentage are listed unjustly but as a small landlord I would not risk taking one given the large pool of applicants in NYC.
Tim (New York)
@Stewart One thing worth considering — especially in your shoes — is that tenants can be added to the blacklist if they take their landlords to court as well. While most landlords are good people, I'm sure you're aware there are some out there who, through negligence, unintentional error or (sometimes) with full knowledge, violate their tenants' rights, overcharge, or in other ways harass their tenants. Any reasonable tenant will first contact their landlord and try to straighten out the issue, but if that doesn't work, often the only way to seek a remedy is with a lawsuit; many of the state's and city's protections only apply to tenants who are rent stabilized or similar. I'm sure you're not suggesting that tenants should simply roll over and accept rent overcharges or deliberate harassment. Further, landlords can initiate an eviction proceeding even if there's no grounds for eviction, as a form of tenant harassment. It's unscrupulous, but it does happen — and that adds the tenant's name to the court records and automatically blacklists them, even if the eviction attempt is defeated. I'm not saying that a blacklist shouldn't exist at all; landlords are certainly entitled to an expectation that their leases will be adhered to and rent paid on time, and a clear list of tenants to avoid can help with that. But adding tenants to a blacklist because they're a victim of a landlord's harassment, or simply because they stand up for their rights, is grossly and manifestly unfair.
Sam Himmelstein (Brooklyn, N.Y.)
@Stewart The roommate law requires tenants to give the name of the roommate to the landlord See NY Real Property Law 235-f. And in any eviction case, the landlord has to name all occupants of the apartment in order for the court to have jurisdiction over them and if it comes to an eviction, for the marshal to carry it out. Roommates are often innocent victims in these situations.
Sam Himmelstein (Brooklyn, N.Y.)
@Tim Actually tenants who sue their landlords to get repairs done, in what are known as HP Proceedings, do NOT get blacklisted. It's only tenants, roommates and subtenants who are named as respondents in eviction cases who end up on the blacklists.
Ericka (New York)
What a miserable place NYC has become. That struggling people can be blacklisted for needing a basic right, a necessity is unconscionable. I've left the Ghetto called NYC and wish I'd done it decades ago.
Jean (Vancouver)
@Ericka Is it any different anywhere else? The article says that the information is shared nation wide.
PrairieFlax (Grand Island, NE)
@Jean No such thing in Nebraska. It's so incredibly mean. Can ruin peoples' lives much as bad credit can.
Sh (Brooklyn)
@Praire & Erica In Nebraska and other states, a landlord can probably put your stuff on the street after 30 days of non payment. Not the case in NYC. That being said, the so called blacklist is indeed abused. Context seems to be nonexistent. I've seen people denied apts because they have taken their landlords to court for repairs etc.
Leejesh (England)
I suffer with paranoia. The existence of such lists upsets me. I feel like whatever I do there is some computer system somewhere that will raise a ‘red flag’. It’s like Logan’s Run. You end up locked out of your own life.
Tuvw Xyz (Evanston, Illinois)
My heart aches and my blood boils when I read such stories as of the woman from Washington Heights, black-listed because of her irresponsible roommate. An advice to her is, in parallel to seeking legal recourse, consider hiring a strong-arm enforcer who would scare the Bejesus out of the landlord.
God (Heaven)
Natural resources don’t exist to make the few wealthy. They exist to sustain human life. Having to beg landlords for living space is a medieval concept whose time has passed.
Dionysios (Athens)
Very surprised to see so few comments here on this topic......
babysladkaya (NYC)
I am really confused as to who the landlord is able to name the person as a party in the legal proceedings when the person was not even a party to the agreement? Feels like some information is missing from the question. Was there a sublease agreement between the original tenant and the subtenant which was known to the landlord, and if so, then proving that the subtenant paid his share of the lease to the tenant should be enough. Regardless, the original tenant should be the one on the hook.
David Binko (Chelsea)
@babysladkaya Maybe your confusion is caused by the fact you don't understand how unfair the system is. Essentially you get put on the list just for being somehow tangentially related to the lease, even if the landlord loses the case. The landlord does not even have to name you in the case for you to be included on the tenant blacklist. Tenant screening bureaus create the lists that landlords buy. If in the public information they use to create the lists, you are somehow connected to the apartment for the period the case is about, they will add your name to the blacklist. If you are named in the case, it does not matter if you win your case, you are still placed on the blacklist.
David Binko (Chelsea)
@David Binko Main point is, if you have a problem with your landlord and want to bring them to court to settle the problem, you are put on the list, so essentially your right to protect your rights is taken away from you if you want to continue to live in NYC as a renter.
J c (Ma)
You weren’t on the lease, so how did you end up on any court documents? Maybe because you knowingly helped break a legal contract (your roommates lease, which certainly stipulated not renting out individual rooms). Take your lumps and learn a lesson.
Garak (Tampa, FL)
@J c How is knowingly help someone to break a contract actionable? And how did the did he "knowingly" help the tenant break the lease? What lesson is to be learned, other than don't rent in NYC?
TopOfTheHill (Brooklyn)
There is a roommate law in New York State legally allowing a roommate despite what a lease might say. Additionally, New York City rent stabilization laws allow a roommate. This also governs tenancy in a co-op apartment. I highly doubt the writer broke any contract.
Bob (NYC)
@J c "Maybe because you knowingly helped break a legal contract (your roommates lease, which certainly stipulated not renting out individual rooms)." If it did that, it would be in violation on NYC law. Tenants are legally entitled to a roommate.
Dee (USA)
Paperwork might help. Do you have canceled checks you gave to the bad roommate, official records with your new address after you moved, and so on? This documentation might not remove your name from the list, but could help you improve your chances of securing a decent place in a safe neighborhood.
Mikemotorbike (Sechelt, B.C., Canada)
@Dee ....and then, there's always the Magic of Money: youths make mistakes in the choice of friends: take the hit, pay the back-rent and ask the landlord to forgive you your mistake in business dealings (some ask their room-mate to show them the receipt from the landlord) and ask him to take your name of the list. NO pain,no gain! Hubris and finger pointing don't seem to be working for her, so just pay. Or, be 'right' and wait for justice. Some people Pray to a higher power. goodluck!
Mikemotorbike (Sechelt, B.C., Canada)
@Mikemotorbike I see my comment is not popular. in the real world, people 'pay to play'. rent is too important an issue for comments section phoney posturing and outrage. Pay the outrageous tourist price, learn the lesson, take responsibility, and don't live under a bridge: or be soggy and self righteous! life is tuff.
Tai L (Brooklyn)
This person has to hide under a rock for five years. I had ruined my credit and did just that in Bensonhurst. The mom and pop landlord is the best bet here.
akamai (New York)
I would hope this solution works. When submitting an application for a rental, explain the situation. If your roommate committed the "crime", and you weren't even living there at the time, explain it. If your landlord tried to evict you and then was convicted for tenant harassment, explain it. And, as mentioned, explain why you'd be a good tenant. I'd be interested in hearing from anyone who has tried this.
Howard G (New York)
The irony here is that if you take your landlord to Housing Court - and even if you are deemed to be the injured party due to a bad act by your landlord - and even if you win the case - and even if that is clearly stated on the public record -- Your name will still end up on the dreaded Tenant Blacklist -- Why - ? Because you will be seen as being a "Troublesome Tenant" - someone whom most landlords will seek to avoid and reject your application - which is their perfectly legal right to do so -- A couple of things you can try -- As mentioned in the answer - try renting from a small, private owner - like an apartment in a 3-family house - and possibly in a neighborhood which is slightly out of the most desired areas -- Think Queens - instead of the Upper West Side -- Another tactic - to which larger landlords and management companies may be agreeable - is to offer to pay six months (or more) of rent in advance as a gesture of good faith -- but be sure to have that spelled out in an iron-clad contractual agreement - Sometimes people can tell you're not a bad risk or troublemaker - and they trust their own judgement - as opposed to a third-party service...
jimbo (AU)
@Howard G is there an independent tribunal like, for instance, "VCAT" (Victorian Civil and Administrative Tribunal) which will adjudicate on tenancy issues? of course: its apropos the Victorian Residential Tenanices Act , so, there also needs to be legislation per se; VCAT decisions are usually fair and evictions are only authorised for serious matters such as non-payment of rent, major damage to a property and/or proven criminal activity such as drug-dealing/drug manufacture on a rented premisses &c ..... without a VCAT order, a land-lord *cannot* evict a tenant and, in fact, can be charged by the police if they try to do so "off-their-own-bat" .....
Howard G (New York)
@jimbo Here's the problem - Imagine you appear before the VCAT to have a dispute resolved between you and your landlord - and imagine that VCAT adjudicates and finds in your favor - that you were in the right - while your landlord was in the wrong -- Now - imagine that all VCAT decisions are a matter of public record - and anyone can view them in an accessible online database -- And now - imagine that even though you won the decision at VCAT - you are deemed to be a "Troublesome Tenant" for demanding your legal rights from your landlord - and - as a result - your name is placed on a tenant's "Blacklist" - which every landlord, real estate agent and management company consults before approving an application from a prospective new tenant -- And - finally - that rejection - based upon your name appearing in the Blacklist - is perfectly legal and not subject to any further VCAT review -- That is when happens to many tenants here in the U.S. -- And yes - there are of course real deadbeat and bad tenants who deserve to be on that "Do-Not-Rent-To-This-Person" list...
James Igoe (New York, NY)
Why not be upfront about it? Yes, she might be able to win in court but she will likely exist on some lists. The best option is to be upfront, prepare with an elevator pitch as to why she'd be a great tenant. She should aim for honesty, and try to get the landlord to see her holistically.