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What is the odds of a tenant getting evicted for hearsay and no written record of time or dates?

New York, NY |

If a landlords property/site manager alleges being harassed, scared of death/can't work yet admits to having no record of time or dates even though alleged happen once a week, what are the chances of that tenant being evicted without police reports and landlords employees hearsay as witnesses for themselves and no tenant complaints?

Attorney Answers 2

Posted

Dear asker,

If a property or site manager makes such allegations, then you can certainly contest the allegations. If they are false, you should submit to the Court that they are false. However, calling them hearsay is incorrect, and you should not label them as such unless they actually ARE hearsay.

Hearsay is an out-of-court statement offered to prove the matter asserted in the statement. In cases where a party might feel threatened or intimidated by the person opposing the hearsay statement, the Courts will seldom force that person to take the stand to testify and be subject to cross examination. However, the offering of documentary evidence, such as police reports, etc. is normally an acceptable alternative. The fact of the matter, however, is that the Housing Court is extremely busy, and they don't like to waste time on things that probably won't affect the outcome of the case.

Since you are confronted with statements that you allege to be false, and you already appear to be involved in eviction proceedings, it is time to hire an attorney, or find a pro-bono attorney. If you already have one, you should be having this conversation with them.

This does not constitute legal advice or the engagement of my services as an attorney.

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3 comments

Asker

Posted

So if no reports from police they have to testify? Or just them saying something happen the courts will honor that?

Glenn Johnston

Glenn Johnston

Posted

There is nothing to force them to testify. Generally, the Court can take judicial notice of it without police reports. You can dispute it once they offer the information into evidence. The court will likely see through any falsification if you can give them ample evidence that they are reporting things falsely.

Glenn Johnston

Glenn Johnston

Posted

Also, please see Mr. Smollens' comments.

Posted

Dear New York Tenant:

Testimony in a trial by a witness with claimed personal knowledge is considered direct testimony. It is not hearsay. A trial judge makes a decision based upon the admissible evidence including oral testimony. The judge is allowed to factor into the weight of any oral evidence the lack of a contemporaneous paper trail recording the alleged incidents. The landlord may have video evidence of the incidents. There may be records of reports to the police.

This is a serious matter and the tenant should consider hiring an attorney to assist in protecting the tenancy.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Asker

Posted

records of police from"personal incident) or records of police from the landlord/management?

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. i do not see the reason that should be a consideration at this time. The judge "weighs" the evidence and if the landlord proves its case, the tenant will face an eviction. You need legal representation. Whether the landlord has written information may be a reason to demand a bill of particulars.

Asker

Posted

The bill of particulars just says what the landlords employees are alleging.... We cursed at them, made threats yet states " no times/dates were recorded, no police were called"

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