Dealing With a Menacing Landlord

Too bad the writer didn't think to ask an attorney who deals with criminal court about how getting an order of protection works there. Likely, the tenant would need a criminal case against the landlord to be successful in being awarded an order of protection. This would require proof, such as witnesses' statements.

Maybe the landlord is just pretending to have dementia so he gets away w/evicting you?
Crazy ploy but maybe...

While the landlord may (and probably does) have dementia, his LAWYER certainly does not, and the lawyer filed a frivolous, baseless eviction proceeding. If that proceeding is still pending, a counterclaim is in order. If it has been dismissed/resolved, the tenant should file a bar complaint against the lawyer for misconduct. Requires no lawyer; is free; and will definitely make the landlord's lawyer back off. See the State Bar of New York website - Attorney Discipline. The bar actually takes these things seriously.

If I had a tenant being subsidized by rent regulations for 12 years I would go a little crazy as well. It's sad that NYC decides to pick winners over losers by allowing certain tenants to pay less than a parking garage space each month. Rent regulations have to end. Newcomers to the city should not have to pay higher rents in order to make up the subsidies given to rent control/stabilize tenants.

It's really awful to be a tenant with older landlords. When I first moved into my current apartment nearly 30 years ago, the elderly landlady lived alone downstairs and I had to listen to her screaming in pain every night. Sometimes she would scream for me to come help her because her catheter fell out and I had to help her put it back in (unpleasant job for a tenant woken up from sleep in the middle of the night). I guess I was hoping she'd give me a discount on my rent for helping her, but she never did.

Then she died and her son moved in. He was even worse. He was a rabid Republican, who listened to Rush Limbaugh on the radio and loudly cursed liberals, even yelling out the window at people parking what he considered "liberal cars" like a Prius.

Then he died, and a very quiet relative moved in. She just leaves nasty notes on my doorstep complaining about imaginary things. I am definitely worried about her getting dementia.

I wish I could move. But in San Francisco there is nothing affordable anywhere. I would have to leave the city. And perhaps eventually I will be forced out. It's sad. I could buy a house in most places in the USA but not in any of the places where I want to live: San Francisco or New York.

I had to laugh when I read your recommendation to the neighbor of the unsightly backyard. A good friend has lived next door, in a townhouse in a nice part of Queens, to a hoarder. The neighbor clearly had emotional and health issues.

When my friend moved into her house several years ago, the house next door was derelict, with broken windows, a hole in the roof and 5’ tall weeds in the front and back yards. There were raccoons and other vermin living in her basement. There was no electricity.

My friend paid for a yard service to regularly cut the weeds in the yard. She paid for the holes in the structure to be boarded up. My friend, and everyone else on the block, called various agencies and elected officials when the woman was alive in an effort to obtain assistance for her. There was no action taken by the City.

When the owner died a few months ago, none of the out-of-town heirs attended the funeral, nor did they make any effort to have the property cleaned up or repaired. The house is filled with stacks of refuse, spoiled food and vermin. Since the neighbor’s death, the neighbors have been trying to get the city to at least force the heirs to clean up the mess. No agency has bothered to respond.

So, to your suggestion that the letter writer call 311 and the fire department – sure, he can call but it will be a waste of time.

Re the garbage in the yard, don't hold your breath waiting for neighborhood pressure to get your neighbor to clean it up. I have a similar situation, where my rear neighbors (renters) have amassed a large and perplexing collection of junk in their backyard--seriously, there seems to be no rhyme or reason to what is there. I reported them to my local code enforcement unit, which discovered significant other health and safety violations inside the over-occupied illegal rental. They have also assembled an enormous wood pile that is both leaning on and rises over my six foot fence (only a matter of time before the fence is pushed down). The landlord blew off the first court appearance. I am told a warrant will be issued for his arrest if he does so with the second. In the mean time, I've looked at this mess for almost a year, and am planning to plant trees to try to block the view.

The pity of it is that the people who live in the house are otherwise fine--quiet and they don't bother me. But chances are they will be made to leave their home as a result of this. I can't understand why they wouldn't just get rid of the garbage and move the wood. But perhaps they think nothing will ever happen to them. I can see why they would, as nothing (to date) has.

My Dad had dementia. He was there and then he was not. He was loving and then he was angry. He would be angry then he would be very caring, then he would not know where he was. We loved him until the end. I am worried that I will get it one day and I will hurt other people. It is a thing that happens in life. My kids watched my Dad to through it and I told them no to worry if it happens to me. Just keep me from hurting other people. And to remember that I will always love them. I'm just sort of not really there anymore and things get really confusing ...
Dave

Years ago, I rented a small apartment in the upstairs of a house. It was a strange situation in that my landlord living downstairs was friendly at times, but really scary when he was drunk, which turned out to be often. There were times when he yelled at me outside my door for hours, trying to evict me within 24 hours, event though I paid my rent without fail and did not cause problems. I think he had some mental issues, as well.

It all ended when he had to sell the house due to bankruptcy and I found myself another place which I could afford. When I was moving out, a neighbor came over and told me I was lucky to be leaving because the apartment was illegal (for one thing, it did not have a secondary exit and I could have been thrown out into the street with no notice if the city inspectors ever came by). I was happy to leave that stressful situation, even though the new neighborhood I could afford was a bit more edgy and crime ridden.

In 2005 my brother and I purchased an apartment in a new building in Brooklyn. Our apartment was lovely, but the other owners proved to be abominable. I was elected president of the board for the first year and then my brother served as president for two years. It was the most frustrating experience I have ever endured. I was harassed, insulted, threatened, thwarted, and ignored. One board member refused to pay her maintenance because she thought it was too much; another cut hers in half. I was lucky though. My brother was attacked when confronting the building vandal. We sold at a loss and moved in the fourth year.

When the owner of our building became too elderly to care for it, my husband went to court and had himself appointed 7a administrator of the UES tenement where we live. It was a difficult job. The rent roll was very low--just $2500 a month for the entire building (one rent-controlled and seven stabilized apartments) back in the early 90s. It was difficult to buy heating oil and pay for repairs on that amount. Some expenses were paid for by the city and became a lien that was paid back when the building was sold after the owner died. One or two difficult tenants resented my husband and refused to pay rent at all, though he saved their homes. He's glad he saved the building from neglect, tax sale, the possibility of being torn down. It was stressful work, however.

When it comes to menacing or threatening landlords, your cell phone is your friend! If someone else is present, have them record any interactions with the landlord, or just press record on your phone. Even if all you have is an audio recording, any threat of violence can be used in court to get a restraining order against the landlord. We did this when our landlady, who followed a similar pattern (nice for years, cranky for a couple years, then crazy) threatened to "bash my wife's skull in". As soon as the judge heard that he slapped a 6-month restraining order on her, and she couldn't come within 30 feet of my wife.

I lived in a rent control apartment in Cambridge, Ma until rent control was repealed in the late 90's. The landlord was really quite a nice guy, albeit slow to fixing things. When RC ended he sold the building and we were forced out with quadrupled rents. Each of the next 5 landlords that I had were all unfairly and unbearably aggressive toward myself or other tenants. One of the larger complexes even had a rental agent who used masterkeys to steal. She was finally caught after she hit an elderly man over the head with a hatchet when he walked in on her stealing.
Now I own my own place. No more evil landlords; It's like I died and went to heaven!

I had been on a co-op board for about 30 years. Ours is a "hands-on" board. At a minimum, you should expect to attend a meeting of an hour or two once a month. We try to avoid meetings in July and August.

You will have to learn about ever changing real estate laws and building codes, and something about boilers, roofs, and other building systems. Board members are the eyes of the co-op and need to be alert to problems that have gone unnoticed. A board president often has to deal with matters in the daytime which is why they are frequently retired persons.

The main benefit of being on a board is the satisfaction of having the building maintained as nicely as you like. Of course, redecorating is the most divisive matter that comes before a board. Spending millions on repairs or refinancing pales in importance to the color of the lobby. One will discover who the troublesome tenants are---those who complain about everything or cause problems. You will likely be under suspicion of stealing money from the co-op, especially if there has to be an increase in carrying charges. Some co-op tenants are very uncooperative.

After years of dealing with landlords, then Home Owners Associations and really nasty townhouse neighbors who's odors, noise and garbage invaded my world 24/7, I can report that there are places where none of that will disrupt your peace of mind.
I sold that townhouse and paid cash for a lovely old house on nearly an acre in the middle of this small North Georgia town. No landlord, no HOA and no odors, noise or unpleasant visuals, just great weather and nice people that talk funny. They did get a little upset about my Obama signs on the lawn in 2008 and 2012.

One big factor in the workload of a co-op board member is whether the building has a managing agent or (as is sometimes the case with smaller buildings) is self-managed. If the latter, proceed only with great caution.

One man's trash is another's treasure.

Just make sure you document adequately your landlord's harassment. A $50 digital recorder (and rechargeable batteries) that you keep in your pocket is a good start. Various stores sell hidden cameras that can record his behavior if he comes into your apartment. Don't let it be just your word versus his.