Housing court. It’s like a whole other country.
With apologies to Texas, the case at 367 Wadsworth Avenue in Washington Heights exemplifies just how insane the administration of justice can be for New York City landlords. The saga has now taken another turn.
The case, involving a subletter who refuses to leave a fashion model’s former apartment, shows that even a non-tenant with no resources can stave off eviction for years without paying a dime.
Tasheem Jenkins has actually lost quite a few decisions in court, but by repeatedly raising new arguments, he has managed to stay in 367 Wadsworth Avenue, Apartment D, long after his friend, model Aubrey Hill, abandoned it and defaulted on a settlement deal.
A judge late last month found some merit in the landlord’s argument that Jenkins has no right to challenge the landlord’s recovery of the rent-stabilized unit because Jenkins was never its tenant. He was never even authorized to sublet from Hill.
Their deal was kept secret from the owner, and no one has paid the $1,675 monthly rent since mid 2023.
In the latest twist, the judge, while recognizing the logic of the landlord’s argument, gave Jenkins more time to show that mental problems prevent him from competently contesting the eviction. That would justify the appointment of a guardian to represent his interests in court.
It was another reprieve in a case that has dragged on for nearly two years.
Every time one of Jenkins’ defenses is discredited, he comes up with a new one and is granted another hearing. “I had knee surgery” was one of his excuses. He also claimed succession rights as a nontraditional family member, and brought his unauthorized sublet agreement to court.
This time, the judge should have first ruled on whether Jenkins’ mental health — problematic or not — has any bearing on the eviction case. If Jenkins, as the judge put it, has “no substantive rights to defend,” the question of whether a guardian should wage a defense would be moot.
By putting that decision off, the judge has forced the landlord to spend time and money arguing that Jenkins is competent to defend himself. As evidence, the owner’s lawyers noted that Jenkins has staved off eviction since 2023 with no lawyer, no guardian, no lease and no rent.
Jenkins did recently gain an ally in his fight: the Adams administration. The Department of Social Services has gone to bat for Jenkins, presumably because Commissioner Molly Park would rather he remain in someone else’s apartment than in one of her shelters or supportive housing.
The agency, in asking that a guardian be appointed, submitted a psychiatric evaluation of Jenkins indicating “intellectual disability and cognitive impairment.” That merits an evidentiary hearing, according to the judge, who scheduled one for July 14.
That means more free housing for Jenkins — although in theory unpaid rent could be added to his model friend’s arrears — and more time to develop a new argument in case he loses this one.
Read more
Fashion model’s unauthorized roommate fends off eviction again
LeFrak, citing “nightmarish” delays, takes housing court to court
4 years, $60k in arrears: A portrait of housing court delays at their worst
