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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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if somebody said to you and your friend fu***n immigrants is

Customer Question

if somebody said to you and your friend fu***n immigrants is discrimination by NYS human rights Law? . I have a recorded conversation and she know about recorder. what should i do?
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

if somebody said to you and your friend fu***n immigrants is discrimination by NYS human rights Law? . I have a recorded conversation and she know about recorder. what should i do?

Customer:

hi

Brandon M. :

Hi.

Brandon M. :

Whether it was legal would depend on the context. Who said it and why?

Customer:

she lives in my brother apartment ant she start making a problems with noise durring the night around 12am

Customer:

she stop paying the rent to me for her room

Customer:

she change the order on cablevision account and was using my brother girfriend name to do changes on her bill

Customer:

we call police to get cablevision box bax and she surender this box when cops where there

Customer:

she kick my brother bike

Customer:

she shas she will call for somebody who is going to get us all and she said she will burn this place etc.

Customer:

on begining recording she said we should record everything

Customer:

now my brother and his girfrend are scary to live in this apartment

Customer:

thay stay in my for a month

Customer:

now is the time when she should move out

Brandon M. :

Thank you for that information.

Customer:

she throw his pots to he garbage

Customer:

tomorrow we are going to install hidden surviv cameras in kitchen and hallway

Customer:

can we hide in apartment 2 weeks old spoil fish and - smells rally strong, put some furniture garbage, stay in bathroom when she needs, without letting her in

Customer:

?

Customer:

actually they can not find those pots and plates

Customer:

she was disconnecting refrigerate many times but they took food from there to my apartment

Customer:

im going to court landlord tenant tomorrow

Customer:

whats the best way to get police raport

Customer:

or district attorny involve?

Brandon M. :

Thank you for that information. I noticed that you have asked several questions over the last few months on this website, and I have noticed that you have not left a rating for any of the professionals who have helped you. I don't mind helping you here today, but please understand that our professionals work for ratings. If you do not leave a rating, we do not get paid, so if you do not leave a rating when we are finished, it is not likely that anyone will be willing to help you again in the future. Is that fair?

Customer:

ok i wasn't know that

Customer:

i will give a rating to you

Brandon M. :

No worries.

Brandon M. :

That's why I am letting you know :-)

Customer:

and if i can previous help

Customer:

thank you

Brandon M. :

No worries at all. So let's discuss your questions now.

Customer:

i did give already rating for previous answer and a tip:)

Brandon M. :

I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, you asked several questions.

The first question was whether it is a violation of NYS human rights law to say to refer to someone as "fu***n immigrants." The answer to that question is "no". Even though that sort of language is obviously repulsive, the First Amendment to the U.S. Constitution guarantees the right to free speech. If someone used that sort of language in a repeated manner and did so with the intention of harassing, then it could nonetheless constitute criminal harassment, but saying it once with no other pattern of harassment would ordinarily not violate any laws.

Brandon M. :

So, in short, the answer to the first question would be "no" under normal circumstances.

Customer:

ok thanks.

Brandon M. :

The second question was whether it is lawful to hide 2 week old spoiled fish in the apartment for two weeks. The problem with doing something like that is that it can be considered a "constructive eviction" if a landlord does it. For roommates, the person who is affected could sue for the loss of use of the apartment. It's normally not recommended.

Brandon M. :

So, in short, the answer to the second question is that hiding old fish in an apartment would potentially result in you being sued.

Customer:

ok if roommates will do something like this?

Brandon M. :

If roommates do it, the victim can sue for the loss of the apartment. So, for example, if the victim had to pay $1,000 to live somewhere else for a month because of the smell, she could sue to make you pay the $1,000 in rent.

Customer:

ok

Customer:

if she threat us and they have to live in my apartment for a month

Brandon M. :

The third question was how to get the police or district attorney's office involved in a criminal matter. The answer is to contact your local police station and to tell them that you would like to make a criminal complaint. Take any evidence that you have that she has committed a crime--documents, photos, witness statements... anything that you have available--and set up an appointment at the police station. The police will take a report. If it appears that a crime has been committed, the police will refer the matter to the District Attorney's office for prosecution.

Customer:

i not able to see 3rd question

Brandon M. :

Can you see what I am writing right now?

Customer:

yes

Brandon M. :

You did not see the answer to the third question?

Brandon M. :

I can write it again.

Customer:

ok

Brandon M. :

The third question was how to get the police or district attorney's office involved in a criminal matter. The answer is to contact your local police station and to tell them that you would like to make a criminal complaint. Take any evidence that you have that she has committed a crime--documents, photos, witness statements... anything that you have available--and set up an appointment at the police station. The police will take a report. If it appears that a crime has been committed, the police will refer the matter to the District Attorney's office for prosecution.

Customer:

this is the last line which i can scroll up

Customer:

Thank you for that information. I noticed that you have asked several questions over the last few months on this website, and I have noticed that you have not left a rating for any of the professionals who have helped you. I don't mind helping you here today, but please understand that our professionals work for ratings. If you do not leave a rating, we do not get paid, so if you do not leave a rating when we are finished, it is not likely that anyone will be willing to help you again in the future. Is that fair?

Brandon M. :

The third question was how to get the police or district attorney's office involved in a criminal matter. The answer is to contact your local police station and to tell them that you would like to make a criminal complaint. Take any evidence that you have that she has committed a crime--documents, photos, witness statements... anything that you have available--and set up an appointment at the police station. The police will take a report. If it appears that a crime has been committed, the police will refer the matter to the District Attorney's office for prosecution.

Brandon M. :

Are you able to see the answer to the question about getting the police and district attorney involved?

Customer:

damaging the stuff, recorded screaming when she kicked a bike and thread she said: "she will burn this place and get somebody to get us. one night she was in my brother and his girlfriend room standing above a bed.

Customer:

she trasspass

Brandon M. :

Thank you for that information. How old is this woman?

Customer:

we have everything recorded and on beggining of conversation she said we should record everything

Customer:

she is 21- 23

Customer:

i have her copy of ID

Brandon M. :

It is a violation of law to threaten to burn someone's place of residence.

Brandon M. :

Is anything keeping you from going to the police?

Customer:

we was very come all the time

Customer:

actually my brother girfrend went to proficient and thay said is nothing what the police can do

Brandon M. :

What was the precinct's explanation for why nothing could be done?

Customer:

they said only go to cort - but you know it take time and they want to go back to their apartment and have her move out

Customer:

thay send us to cort

Customer:

housing cort

Brandon M. :

What evidence did you provide to the police?

Customer:

no evidence only conversation

Brandon M. :

Do you have any evidence other than your conversation?

Customer:

i have recorded conversation with her

Customer:

when she said all that what she is going to do

Customer:

and my brother and his girfring stay in my apartment becouse of her thread

Brandon M. :

Did you bring the recording with you to the police station?

Customer:

thay hide the bikes remove there own stuff

Customer:

no i did not bring recording to the police station

Customer:

should we do this?

Customer:

she did not pay for cable-vision bill ~$43

Brandon M. :

Yes. As I mentioned, take all evidence that you have and go to the police. Take recordings, witness statements, documents... anything at all. If the police do not have enough evidence, they can't do anything to help. So you have to provide them will all of your evidence.

Customer:

propobly cablevision records when somebody call them

Customer:

she set up password XXXXX account

Customer:

i want them go back to the apartment

Brandon M. :

Law enforcement isn't going to have the resources to go to your apartment to investigate in most situations. Take photos, collect witness statements, and gather any other evidence that you have of the crime, and bring it to them.

Customer:

ok i think thats all for now what we can talk about

Brandon M. :

I do wish that I could solve the entire problem, but it wasn't created overnight, so it isn't likely to resolve overnight. But I do hope that this has helped you to understand the law better.

Brandon M. :

Have I been able to answer your questions in a helpful way?

Customer:

yes. i dont want to do any crime because she was saying you are harassing me. but we where there together and we did not touch her and did not say anything to make her harassed.

Customer:

only she said a lot of bad words and jell to everybody and lay to police

Brandon M. :

Well, if someone threatens to burn down your home, that is a terrorist threat.

Brandon M. :

The law protects our right to free speech and opinions, but it is not lawful to threaten to destroy someone's home by arson.

Customer:

what she can get for that jail?

Customer:

fine?

Brandon M. :

If there are no prior penalties, the crime of aggravated criminal harassment carries a maximum penalty of four years in prison.

Customer:

if police refuse our evidence do you know a attorny from ny which will handle this for us?

Brandon M. :

Where in New York?

Customer:

and what going to happen to her stuff and dog. police will take her stuff away?

Customer:

yes ny brooklyn

Customer:

NY

Customer:

Brooklyn, NY

Customer:

how much will cost to hire attorney for it? whats the filling fee?

Brandon M. :

I would refer you to the Brooklyn Bar Association. You can find them through this website: http://www.brooklynbar.org/lrs/

Brandon M. :

For this type of matter, they have attorneys that will charge only $25 for the first half hour that you meet with them.

Brandon M. :

Their hourly rates will vary, but the Bar Association can help match you with someone that is right for you.

Customer:

criminal attorney?

Brandon M. :

I would recommend an attorney practicing general civil litigation.

Brandon M. :

Private criminal attorneys only handle criminal defense cases. You are not a defendant.

Brandon M. :

Your brother's roommate will want to speak with a criminal attorney, but you will want an attorney that handles general civil litigation.

Customer:

ok

Customer:

ok Thank You so much

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

what going to happen if they arrest her . what will happens with her things and room ?

Expert:  Brandon M. replied 1 year ago.
Even if someone is arrested, they still cannot be removed from their place of residence against their will without a formal eviction.

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Brandon M.
Brandon M.
Attorney at Law
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Attorney experienced in numerous areas of law.