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Bappelman, Attorney
Category: Legal
Satisfied Customers: 313
Experience:  Licensed Attorney in Illinois and Wisconsin
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My boyfriend has had several (5) complaints made AGAINST him

Resolved Question:

My boyfriend has had several (5) complaints made AGAINST him by another tenant in the building. Every time the police have come, they agree that there is no noise. We are unable to get police reports for these complaints as they are not maintained in the police records but in the city-wide (NYC) 311 files. Because the calls come in anonymously (although she has admitted to the police that she makes the calls), we are unable to get any information as HER privacy would be invaded. Meanwhile, he is awakened in the middle of the night by the police on noise complaints. He is 65 yrs old with serious physical conditions. This added stress is aggravating his condition. The landlady has sided with him/us and told the police that the other tenant is a problem (she has made false complaints to the building authority against the landlady, as well). Because she is in a rent stabilized apt. she cannot be evicted. Other than hiring a lawyer, what can we do?
Submitted: 7 years ago.
Category: Legal
Expert:  Bappelman replied 7 years ago.

It sounds like his neighbor is committing Harassment against him.

You can file a civil lawsuit against her for her long standing pattern of harassment towards your boyfriend.

Document every time that she has called the police on him, and everything that she says to him or does to him. Keep this written report.

To prove a harassment suit you need to show that she is doing this maliciously, that is, that she knows the allegations are false and that she calls the cops anyway.

Having the record that he never gets ticket from her calls will help your case.

You can call Legal Aid in NYC to help you with filling out the required paperwork for this.

Good luck!
Customer: replied 7 years ago.
I know that I can file a civil suit against her. But that will take quite a while. How do we stop her in the meantime?
Expert:  Bappelman replied 7 years ago.
You can try to call the police and talk to them about her behavior. Explain to them that she has called them a number of times to complain about your boyfriend, and that every time they come by they determine that no violation has occurred. Explain to them that they should call the landlady for verification of your story.

Once they check their own records they will see that this is her pattern. Ask them to talk to her about this pattern; they do not want to keep showing up for her false complaints anymore than you want them to. They will normally have a talk with her, and they might let her know that filing a false police report is a misdemeanor as well.

This will usually get someone to stop making false allegations.
Customer: replied 7 years ago.
The police seem to be washing their hands of the matter. They claim not to keep records on noise complaints. They say that, following the call at the house, they simply enter into the 311 system that they have completed the call. According to his precinct, they keep no records on the police files. They claim that it is NOT a police matter - even though they are involved.

311 will not give us records saying that they need to preserve the privacy of the person making the complaint. We have no rights to the information.

I have explored all these avenues. I was hoping that there was some immediate action that could be taken to halt this. I am not sure we can wait until a civil case comes up. We need her to stop NOW.
Expert:  Bappelman replied 7 years ago.
One thing you could try is a civil order of protection, demanding that she refrain from harassing your boyfriend.

These are used against anyone who is harassing or threatening you. If you can establish that she is causing enough of a problem for your boyfriend that it is endangering his health or job, you might be able to get an OOP against her.
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Customer: replied 7 years ago.
You haven't told me anything I don't know but I don't want to dispute a small charge so I will accept and let it go. I think my only recourse is to hire a lawyer directly and see what happens. At least you have confirmed my findings.