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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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A friend of mine was evicted from s apartment in westchester

Customer Question

A friend of mine was evicted from his apartment in westchester county new york. Now while i do believe the proceedings and verdict were attained by the letter of the law, how he waa treated after was not. The day he was to be at the apartment for removal of his property, he was informed that he should arrive in the afternoon, allowing him to hire two movers to assist him that day. While he did arrive a little tardy, what ensued was disturbing. He got to an apartment already cleared with his furniture and antique desk destroyed. (Because it was very heavy they demolished it to get it out.) When he arrives he was fortunate to speak to either a friend or a neighbor who told him that they saw the sheriff or Marshalls or whoever was doing the eviction taking his items and putting it onto a truck or large vehicle of some sort. Then they mentioned that when the vehicle pulled away the only thing they saw written on the side of the vehicle was Department of Sanitation. It may be in that every single one of his personal effects was thrown into the trash.
He has been unable to recover anything from that day and in addition to that he had to pay those two movers $400 for doing nothing as they didn't have anything to move.
Now with that back story I have 2 questions to ask:
1. first even though this eviction happened around the end of January of this year 2016, is there anything that he can do to confirm that this happened through records with the Department of Sanitation or with the Sheriff's Office? what can he do if anything?
2. the second question, is it possible to have an eviction notation removed from a person's record? I was told in some cases it has been possible for a third party such as an attorney to reach out to the previous landlord and see if they can come to an agreement (such as paying any late rent and or any loss or damage to apartment) and then the landlord would direct the courts to remove the eviction off the previous tenants record. is this the case? if not is there any way that this can be done???
*( As of now my friend it is basically homeless. While he maintained good credit, he suffered an injury over a year ago putting him on disability, so his income is restricted and Now in addition to all that he cant get a place to stay because of this eviction.)
Please let me know anything in addition that may be helpful in any way whatsoever, regarding his situation.
Thank you for your time.
J-
Submitted: 5 months ago via Cornell Legal Info Institute.
Category: Landlord-Tenant
Expert:  Maverick replied 5 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 5 months ago.

1. For your first inquiry try this link. Here is the law that allows NY citizens access to public records. The second thing to do is to make this request with both the Sheriff's office and the Dept. of Sanitation. Also, get a copy of the eviction file from the court as there should be a court order that authorizes this to happen. In fact, you should get that first before you make the FOIA-freedom of information act request.

2. Since the eviction was issued by a court order, it has now become a public record and will appear on his credit report. Once there, it will stay there for 7 years. Be weary of online websites that claim they can remove these type of evictions. Even if you hire an attorney and payoff the old LL, this will not remove the eviction from the public records database or the credit reports. Sometimes, paying off the old LL will get that LL to call the new LL and put in a good word that says you did come in and take care of your rental obligations.

There may be one other option and that is called expungment. Let me see if NY law allows this.

Expert:  Maverick replied 5 months ago.

NY law does not permit an eviction to be expunged. However, if you and the landlord come to terms and he is willing to sign off on what is called a "Stipulation and Order to Vacate Judgment" then you can present that to the court and if the judge signs off on it, the judgment will be retracted from the public records and eventually come off the credit report and rental history.

Here is a sample form for you to use as a go-by.

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