Legal Question in Landlord & Tenant Law in New York

My sister, myself, her boyfriend and their baby moved into an apartment a few months ago. There were constant noise complaints filed from our neighbors about my sister's boyfriend who is a raging alcoholic. After one particularly bad night, we managed to convince him to leave and he went home for a few months. The leasing office gave us a document about our constant noise complaints and said one more issue and they would evict us and sue us for the remaining months on the lease.

A few days ago, without my knowledge, my sister invites him to move back in with us. Things seemed fine at first but a heated argument turned ugly today and he attacked me. No harm was done but I did call the cops and had him taken away.

There was constant noise and him breaking things, so there is no way one of our neighbors didn't call the leasing office to complain.

His name is on the lease but they cops seem to be trying to a writ of protection for us.

I know this has been wordy, but surely you can't throw three people (one of whom is only a year old) out onto the streets because I got assaulted in my own home.

I'm trying to find the best way to diffuse this situation without leaving my sister's baby homeless. I'm not really worried about myself at this point.


Asked on 12/09/13, 3:55 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Are you in a NYCHA building? You need an attorney to look into the situation because while this eviction is preventable, you will need to fight.

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Answered on 12/11/13, 5:54 am


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