Real Estate

Subletter Evicted After Masterful Manipulation of Housing Court

In a case that typifies landlords’ exasperation with New York City’s dysfunctional eviction process, on Oct. 9, Tasheem Jenkins was finally ousted from Apartment D of 367 Wadsworth Avenue, where he had lived rent-free for two years.

The Washington Heights case was remarkable in that Jenkins, with some help from the Adams administration but without a lawyer, staved off eviction for so long.

Yet at the same time it was unremarkable: It echoed the experiences of landlords and their lawyers in the post-pandemic era, during which housing court’s pace has slowed from that of a sloth to that of an oak tree.

The last three months were a microcosm of the entire case against Jenkins and the fashion model Aubrey Hill, with whom Jenkins had shared the rent-stabilized apartment before taking it over.

The landlord had not been aware of their sublet agreement. But in New York City, once people are inside a unit, even if they have no lease and do not pay rent, it can be exceedingly difficult to get them out.

In mid July, Justice Adam Meyers ruled that Jenkins had exhausted his legal arguments, noting that the landlord “was awarded judgment of possession against Jenkins almost a year ago, and its ability to realize this relief cannot be delayed indefinitely.”

Still, the judge paused the eviction through Aug. 29 to give Jenkins six more rent-free weeks “to vacate the premises with dignity.”

But Jenkins did not vacate. Just before he was to leave, he filed a motion with the court, as he had done repeatedly each time his eviction date neared. The judge, despite his earlier decision, pushed back the date yet again, to Oct. 7.

To the surprise of absolutely no one, Jenkins filed another order to show cause on Oct. 6. This time, he didn’t contest the eviction but asked the court to postpone it once more, “possibly a few more days while I am trying to move out.” He said he was looking for movers and added, “I have an update from HRA/APS.”

Jenkins was referring to the Human Resources Administration, and a division of it called Adult Protective Services. According to its website, APS “provides services for physically and/or mentally impaired adults” and “works to help at-risk clients live safely in their homes.”

But Meyers had ruled over the summer that Jenkins was not impaired, based in part on his able representation of himself in housing court since the fall of 2023. APS had reached a similar conclusion in February.

The judge denied Jenkins’ last-ditch request, writing by hand that he “has been afforded ample time to complete his move.”

Jenkins, as he had signaled, then turned back to APS, a card he’d played twice before. The unit, like its parent agency, has gotten into the business of delaying evictions and thus the city’s obligation to provide shelter.

APS then apparently persuaded the Department of Investigation — which oversees city marshals, who carry out evictions — to stop the clock on Jenkins’ removal. How DOI can trump a housing court judge is unclear, but this was not the first time.

This spring, as The Real Deal reported, the agency forbade a marshal from enforcing a co-op’s eviction order against an elderly woman named Emma Oliver, who was squatting in a building from which she had embezzled $122,680 and then stopped paying maintenance for six years.

But Jenkins’ third go-round with APS bought him less time than the first two. After a two-day stay, DOI cleared the eviction with APS and allowed the marshal to execute it.

Jenkins will never have to pay the landlord a dime, in all likelihood, because he never had a lease for the $1,675-a-month apartment. The leaseholder was his family friend Hill, the first high fashion model from West Virginia, so the arrears — which exceed $60,000 — are technically her responsibility.

It is uncertain if the landlord will seek a judgment against Hill or, if he gets one, whether he could even collect on it: After agreeing to a settlement for her back rent in late 2023, Hill neglected to pay and instead moved to Europe. Interest and arrears have been accruing ever since.

Read more

Subletter’s Eviction From Rent-Stabilized Unit Finally at Hand

Landlord poised to reclaim apartment from fashion model’s squatter


NYC Forces Affordable Co-op to House Squatter Who Looted It

City forces affordable co-op to house squatter who looted it


Tenant Stayed Eviction 5 Times, As Landlords Bemoan Housing Court Delays

4 years, $60k in arrears: A portrait of housing court delays at their worst





Source link

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *