Here’s an urgent note from an OTBKB reader named Jenifer Epelbaum. She writes: "An elderly man and a mentally disabled woman are being evicted from a Slope apartment where
the woman has resided for 19 years. She and her partner have been our
neighbors in the Slope for these many years, and as a community, I
believe we have a responsibility to make sure they are treated fairly and
decently." Read more:
Neighbors up the street from me are having
to move from their rent stabilized home, and they will likely move to a
homeless shelter within the next 48 hours. The woman is 55 and is
mentally impaired. Legally she has been ruled “incapacitated.” Her
companion is in his 70’s, and even though he has been living with her
for some time (and assisting her), nowhere in the legal papers is his
residency there acknowledged, and in fact the papers refer to her as
the sole tenant (which seems would not even be possible given her
mental condition). I am not qualified to diagnose her, but to a lay
person she seems to have some form of dementia. She repeats herself
often and has trouble remembering my name, even though I have visited
often throughout this crisis she and her partner are experiencing.
An
agency has been appointed “guardian for property” for the woman and
this agency has arranged a settlement on her behalf of $40,000 for her
to leave the building. The building previously had 8 apartments and is
being converted to a (presumably non-stabilized) 4 unit building. The
landlord has succeeded in getting all other tenants to leave. In the
meantime they have repeatedly shut off heat and hot water to this
couple. This weekend they were again without heat and hot water.
Part
of my help to the couple included obtaining for them an independent
legal consultation. We brought in copies of the legal papers we had.
The lawyer reading the papers commented (repeatedly) while reading the
legal papers that what he saw was “disgraceful” but he also said the
couple must vacate by 12/15 in order for the woman to receive the
settlement which had already been negotiated by the guardian. The
agency charged with guardianship seems to have done little to assist my
neighbors in meeting the terms of the agreement. I fear this old couple
will lose their home, as well as much or all of the settlement.
Based on
what I have personally seen and heard from representatives of this
agency which has guardianship, I believe they have not behaved
appropriately. At times they have seemed instead to act directly
against the interests of the woman they are duty bound to protect. They
have urged me not to assist the couple, and they actually indicated to
the couple that the harm from overstaying the 12/15 deadline only
amounted to the “fees associated with the eviction” when in fact
the settlement agreement states a much stronger penalty if the 12/15
deadline is not met.
Fortunately the couple also heard from the
attorney we consulted independently that they needed to be out by that
12/15 deadline or the reduction in the settlement according to the
legal papers was very high (over $24,000 could be deducted).
I
may today or tomorrow personally assist this couple in leaving for a
homeless shelter, which seems a necessary move in order for the woman
to receive her full settlement. The eviction seems to be a certainty at
this point. The guardian has not offered the help which would seem to
be needed, to assist this couple in meeting the terms of the
settlement.
I am a mother of three who lives down the street
from them, and my relationship with them grew from casual conversations
we had over the years, as they often sat out on their stoop a few doors
up from my house. A few months ago they told me they were being evicted
and asked me if I might be able to help them. My first efforts focused
on getting them low cost legal assistance, but as they shared more
information with me as time passed, I became aware the situation was
much more complicated. I am continuing to try to help them as best I
can. The elderly man is under particular stress and has done a most
conscientious job caring for the woman and looking out for her
interests. He is now willingly leaving his home (in the next two days),
taking her with him, in the interests of assuring she will receive her
full promised settlement. I am very worried about all of it, and I am
afraid the settlement which is due to go into a “special needs trust”
will not be paid in full, or will not make it to the point of being
available to the woman for her considerable needs.
The
legal situation is very complicated, but the essential facts are that
we have an old couple on my block being evicted from an apartment where
the woman has resided for 19 years. She and her partner have been our
neighbors in the Slope for these many years, and as a community, I
believe we have an interest in making sure they are treated fairly and
decently.
I wish I could be there. Ring in the New Year in a healthy and fun way!
