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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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They have a new program called EIV n my development that I

Customer Question

They have a new program called EIV n my development that I didnt undertand. Its for Employment verfication and they foud that I wasnt truthful in reporting all my income. Ive been depressed for a long time trying t get out of heeand the onlyway that I couldsee it happening was to save something. My crys for help has went ignored fr gun shot indications on my stairs to drug actiivities etc. When I tought it couldnt get worst it was robbed in an apartment on a block I hought was survalled. I no I lied but only under deress and feeling like mainagement showed no concern. I havno problem paying back money but I feel that Im owed also, do I have rights? Ca I get help?
Submitted: 5 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 5 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name isXXXXX am a licensed, practicing Attorney and would be glad to help

Just so that I am sure I understand you correctly, you understated your income, i.e., you listed less income on the Employment and Income Verification which you gave to the property management compoany ?

Q. If so, by how much did you understate your income ?

Q. Was the amount of rent you paid determined by your income ?

thank you and I look forward to your Reply

Customer: replied 5 years ago.

I didnt give them my income at all out of anger only my husbands and yes the rent in determined by your income. It has been understated by at least 1,000 for a year.

Expert:  Andrea, Esq. replied 5 years ago.
Please clarify something for me, if you do not mind,

Q. 1. You understated your income by $1,000 per month, per year, or what time period ?

Q. 2. What is your monthly income which you did not include at all ?

Thank you and sorry for the questions,
Customer: replied 5 years ago.
my monthly is at least 2..200
Expert:  Andrea, Esq. replied 5 years ago.
Believe me, I understand completely what you are feeling and what you are going through because I used to live in New York. In fact, I lived there all my life. Feeling hopeless and helpless makes people do things they ordinarily would not do.

I wish I could give you the Answer you were hoping for, but even though I may not agree with the law, I have an ethical obligation to give customers truthful and correct Answers to their questions and concerns, so please try not to hold the law applicable to your situation against me. While I understand your reason for understating your income was to be able to save enough money to move to a safer environment, the fact remains that it was understated by $2,200 per month which amounts to $26,400 for each year that you did not include your income. If the amount of rent which each tenant pays is determined by their income, then all income should have been reported. Unfortunately, duress is not a defense because the definition and the defense of duress is being forced by another person to do something against your will. Therefore, you would not be able to rely on duress as a defense. The only thing you can do to correct the situation is to speak to someone in authority at the property management company and tell them you are willing to pay the amount of rent that would have been due if all income had been reported. You will need to do this as soon as possible and clear your name, otherwise neither you, nor your husband will be eligible for similar rent arrangements in a safer neighborhood when such an apartment becomes available. As I said, I wish I could give you the Answer you were hoping for, but there is no such Answer in this situation. So, again I am asking that you respect the honest Answer I gave you and not hold it against me. Please be kind enough to press the "Accept" button so that I may receive credit for assisting you,

Best of Luck and Kindest Regards,
Andrea, Esq. and other Legal Specialists are ready to help you
Customer: replied 5 years ago.
I stated earlier that I dont mind paying and duress might not be the correct word but do I have rights or a defense for my pain and suffering. Honesty is all I want even if its not what I want to hear, from loosing brothers to being robbed I just lost sight of reaity. I dont have rights even if I asked for a relocation or posting that there cameras and there not
Expert:  Andrea, Esq. replied 5 years ago.
Thank you for your follow up questions,

If when you and/or your husband signed your lease, they represented that the building was safe and that surveillance cameras gave the building added security, but the management company misrepresented these facts and your apartment was burglarized, then you can file a lawsuit against them for that, for breach of contract which resulted in the loss of your property. You have every right to expect the management company to make only honest representations. Even if their representations were honest, but they failed to maintain the cameras in good working order and repair and this caused the burglary of your apartment and even other apartments, then you do have a right to file a lawsuit against them for failing to maintain the surveillance cameras which would have provided you and other residents with an added measure of security.

Thank you for accepting my Answer, I greatly appreciate it. If you have not already done so, please take a moment and leave some Positive Feedback, I greatly appreciate that also,

If you need anything further, please feel free to ask for me by typing my name at the beginning of your question, like this,

"For Andrea.........." and your question will be directed to me,

Thank you again for the opportunity to assist you,

Kindest regards,