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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114027
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am in Astoria, Ny and live with my sister in a rent

Customer Question

I am in Astoria, Ny and live with my sister in a rent stabilized apt. She has been reporting false domestic violence claims about me to 911 as she wants to get me out of the apt so she can have a girl friend come in as a room mate. I have lived there for 40 years , she about 13-15 yrs. Her attorney is telling her to do this because it will eventually get me out. How do I fight back against these false reports?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: NY
JA: Has anything been filed or reported?
Customer: my sister has reported domestic violence several times. I don't even know what she has said. When the police come to the apt I asked them what is in the report They were about to tell me but she said to them 'It's private.' and they didn't tell me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We had an arguement because she want's her name on the lease. I told her no! That's when she filed this last claim and 3 days later the officers showed up. They always ask her has anything happened and she always says 'Not yet.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to get the apartment she has to get her name on the lease. Even with domestic violence if her name is ***** ***** the lease she does not get to stay there. If she is filing domestic violence reports, she has to prove injury. If she cannot prove injury, then there is no substantiation.
At this point if she is becoming this big of a problem, then since she is not on the lease and you have no written lease with her, you need to give her a written notice that you are evicting her and she has 30 days to pack and leave or you will sue her for eviction as she is not on the lease.
At that point, you need to stay away from her and anytime she is in your presence without anyone around you need to record it on your cell phone to protect yourself, because if she makes false claims of domestic violence and you show on your phone video it is false she can be arrested.
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Expert:  Law Educator, Esq. replied 4 months ago.

If you die without a will, your sister could pursue succession rights to the apartment as it is subsidized, even if she is not on the lease, but until that point you can remove her.