Woman Shot at Barisone Farm

[Brown_Derby]

@ tryingtogethere - Mea culpa! I thought it was creepy, thank you for the clarification.

[trafalgar]

One thing to add…some people are questioning who called the police through the week leading up to, but not including, the shooting. MB"s lawyer stated in the video that the requests for police to come to the the farm had all been made by MB.

[miss_machine]

If you have tenants that you wish to remove, you follow certain steps and they are then removed by the police if they fail to comply. I am a landlord and I would never lease without a contract. I’d also never show up at a property to… do what it was he thought he was doing…

I feel like the fiancé MH has more to do with this situation than none. I always had an uneasy feeling about her and knew her top priority was to get on the Olympic team. I wonder what her angle is in all of this.

Of course MB is responsible for his actions. They are grotesque. But as more things unfold, I wonder.

[Angela_Freda]

@Joanne

My first thought is that he is offering his training services thinking there would be big $$$$ to be had.

Oh good Lord, that’s equally or more likely.

[Maude]

@trafalgar

One thing to add…some people are questioning who called the police through the week leading up to, but not including, the shooting. MB"s lawyer stated in the video that the requests for police to come to the the farm had all been made by MB.

I heard this also.

[erinmeri]

@Knights Mom

In NYC…

If you work in NYC, then I am sure you are aware that there are myriad ways in this city that slumlords can and do circumvent the system. I think it is a bit disingenuous to imply that tenants have more power here than landlords. Maybe in evictions, but I can tell you horror stories both experienced (cost me over $25k) and witnessed that prove that LLs are very powerful here… and above the law, beyond the reach of the buildings department, etc. Just saying.

ETA: not to get too off topic, but since you brought up my town as an example, I thought I would clarify. Though yes, you are right that Fire Dept carries weight, Building Dept’s hands are tied in many situations. And I have had a landlord break multiple housing laws and was told I had little meaningful recourse.

[erinmeri]

@trafalgar

One thing to add…some people are questioning who called the police through the week leading up to, but not including, the shooting. MB"s lawyer stated in the video that the requests for police to come to the the farm had all been made by MB.

I had seen in the news that both parties contacted law enforcement.

[2tempe]

@erinmeri

I had seen in the news that both parties contacted law enforcement.

Might depend on definition of law enforcement…Child services, ICE, etc could fall under the definition. Then there’s the regular, local police. then there’s the Fire Marshall. So yes, I’d believe that calls were from both.

[hut-ho78]

I posted the Nee Jersey landlord tenant laws a couple of times. If I read them correctly, to evict a non-contract “at will” tenant, it requires a strict formal notice and about 3 days for threats against the landlord or disorderly conduct. I did get confused on the formal notice if that has got go through the court first or just follow a certain format. Grounds can be causing disturbances so screaming “I’ll ruin you” might be considered a disturbance. He needed a lawyer that understood tenant law.

https://www.nolo.com/legal-encyclopedia/the-eviction-process-new-jersey-rules-landlords-property-managers.html

[clanter]

@erinmeri

Though yes, you are right that Fire Dept carries weight,

My company help built the Western Currency Facility for the US Treasury Department … complete project was placed under a stop work order by the Ft Worth city fire marshal’s office over the objections of the Corps of Engineers

The Corps said they could not do this, but by god they did… there was a complete redesign of what the plant was to do if a fire alarm was sounded… require a lot of money to redesign how work in progress was to be stored when everyone exited the building

[erinmeri]

@2tempe

Might depend on definition of law enforcement…Child services, ICE, etc could fall under the definition. Then there’s the regular, local police. then there’s the Fire Marshall. So yes, I’d believe that calls were from both.

Per the below Patch article (though I believe I read elsewhere as some of the facts presented in this article are new to me): “Barisone and Kanarek both called police a number of times in the week preceding the shooting, and both had retained lawyers in an attempt to resolve the tenancy issues, Schellhorn said.”
https://patch.com/new-jersey/longvalley/long-valley-olympian-was-harassed-alleged-shooting-lawyer

[Knights_Mom]

@erinmeri

If you work in NYC, then I am sure you are aware that there are myriad ways in this city that slumlords can and do circumvent the system. I think it is a bit disingenuous to imply that tenants have more power here than landlords. Maybe in evictions, but I can tell you horror stories both experienced (cost me over $25k) and witnessed that prove that LLs are very powerful here… and above the law, beyond the reach of the buildings department, etc. Just saying.

ETA: not to get too off topic, but since you brought up my town as an example, I thought I would clarify. Though yes, you are right that Fire Dept carries weight, Building Dept’s hands are tied in many situations. And I have had a landlord break multiple housing laws and was told I had little meaningful recourse.

I disagree with you. I’m thinking if you had out of pocket expenses that cost that much that you may have ended up with bed bugs or some other nasty critter and needed to replace your belongings. Next time file a HP complaint for violations. If violations are found the LL gets a certain amount of time to fix or else they face stiff penalties. $500 a day is not uncommon. That applies to heating complaints as well.

The slumlords are well known to the court. Ironically the City is one of the biggest so never live in a NYCHA facility. THOSE are the tenants mostly SOL.

Landlords can be sued in Small Claims Court up to $5,000. It costs $15 to sue for $1000 and under, $20 to sue up to $5,000 and the court serves the papers. There is a choice of night court for Small Claims.

Civil proceedings cost $45 and you arrange service. The limit is $25,000.

The key is to keep at it. If you file a HP case in the Landlord/Tenant court for violations ($45 but you can apply for a waiver of the fees) and an order is issued and the LL violates that order by even one day, it’s up to you to march your ass back to court and file a violation.

While landlords hold some sway the power in this very liberal city is with the tenants coming up to courts stacked with mostly Dem judges.

Civil Court judges are elected. I know because I campaigned for a Family Court judge (appointed) I clerked for for years running for Civil Court - on horseback. She is now moved on to be an elected Supreme Court judge.

[erinmeri]

@Knights Mom

I disagree with you. I’m thinking if you had out of pocket expenses that cost that much that you may have ended up with bed bugs or some other nasty critter and needed to replace your belongings. Next time file a HP complaint for violations. If violations are found the LL gets a certain amount of time to fix or else they face stiff penalties. $500 a day is not uncommon. That applies to heating complaints as well.

The slumlords are well known to the court. Ironically the City is one of the biggest so never live in a NYCHA facility. THOSE are the tenants mostly SOL.

Landlords can be sued in Small Claims Court up to $5,000. It costs $15 to sue for $1000 and under, $20 to sue up to $5,000 and the court serves the papers. There is a choice of night court for Small Claims.

Civil proceedings cost $45 and you arrange service. The limit is $25,000.

The key is to keep at it. If you file a HP case in the Landlord/Tenant court for violations ($45 but you can apply for a waiver of the fees) and an order is issued and the LL violates that order by even one day, it’s up to you to march your ass back to court and file a violation.

While landlords hold some sway the power in this very liberal city is with the tenants coming up to courts stacked with mostly Dem judges.

Civil Court judges are elected. I know because I campaigned for a Family Court judge (appointed) I clerked for for years running for Civil Court - on horseback. She is now moved on to be an elected Supreme Court judge.

Your assumption is incorrect. It was a landlord who violated basic QOL laws (no consistent hot water for 13 months - as in no hot water at LEAST one day a week for the duration; rats, mice and roaches) for starters, and also had violated his COO - illegal restaurant and illegal use of backyard as said illegal restaurant’s seating) and also had failed to repair leaks until ceiling caved in. There’s more… but the kicker: retaliating against me for complaining about the above by raising the boiler to the top setting and my dog being subsequently burnt by hot water when my ex went to bathe him and me incurring vet bills after surgeries and ICU hospitalizations to the tune of tens of thousands. I almost lost him (the dog, I thankfully lost the negligent ex.) If the dog had been human, I would have had recourse. And add to that, the money I spent relocating. And that is just my story. I have many others.

Yes, NYCHA is abhorrent. We can agree on that!

All of this is off topic, but I felt relevant given the tenor of landlord-tenant power debate.

[Knights_Mom]

@hut-ho78

I posted the Nee Jersey landlord tenant laws a couple of times. If I read them correctly, to evict a non-contract “at will” tenant, it requires a strict formal notice and about 3 days for threats against the landlord or disorderly conduct. I did get confused on the formal notice if that has got go through the court first or just follow a certain format. Grounds can be causing disturbances so screaming “I’ll ruin you” might be considered a disturbance. He needed a lawyer that understood tenant law.

https://www.nolo.com/legal-encyclopedia/the-eviction-process-new-jersey-rules-landlords-property-managers.html

COVID changed everything.

[erinmeri]

@erinmeri

Your assumption is incorrect. It was a landlord who violated basic QOL laws (no consistent hot water for 13 months - as in no hot water at LEAST one day a week for the duration; rats, mice and roaches for starters) and also had violated his COO - illegal restaurant and illegal use of backyard as said illegal restaurant’s seating) and also had failed to repair leaks until ceiling caved in. There’s more… but the kicker: retaliating against me for complaining about the above by raising the boiler to the top setting and my dog being subsequently burnt by hot water when my ex went to bathe him and me incurring vet bills after surgeries and ICU hospitalizations to the tune of tens of thousands. I almost lost him (The dog, I thankfully lost the negligent ex.) If the dog had been human, I would have had recourse. And add to that, the money I spent relocating. And that is just my story. I have many others.

Yes, NYCHA is abhorrent. We can agree on that!

All of this is off topic, but I felt relevant given the tenor of landlord-tenant power debate.

ETA: I am certain the landlord meant to burn me. Wish I had recorded his threatening, expletive-fueled phone calls just days prior. (And yet, I pursued legal remedies, not violence… because that is the normal response to abuse.)

(Not sure why this came up as separate post. Sorry!)

[Knights_Mom]

I’m sorry I am unfamiliar with NJ law and practices. There are probably many similarities and it’s with that in mind that I quote NY practices.

[erinmeri]

@Knights Mom

I’m sorry I am unfamiliar with NJ law and practices. There are probably many similarities and it’s with that in mind that I quote NY practices.

Fair enough and I agree. I just take issue with the assumption that landlords are powerless. IME, they are far from it.

[Knights_Mom]

@erinmeri

ETA: I am certain the landlord meant to burn me. Wish I had recorded his threatening, expletive-fueled phone calls just days prior. (And yet, I pursued legal remedies, not violence… because that is the normal response to abuse.)

(Not sure why this came up as separate post. Sorry!)

I’m sorry this happened. The courts are changing and more and more tenant advocacy is happening.

We now have no cost attorneys offering representation for certain zip codes. Used to be only Legal Aid for criminal cases. But now in L/T Court you have Legal Aid, CAMBA, and Legal Services all offering to represent tenants for FREE. And, they start HP cases as well.

As for what happened to you, the right advocate could have made all the difference. Just on the hot water case alone the LL could have been ruined in fines.

I’m sorry for what you went through. If ever you have an issue again, reach out to me.

[Knights_Mom]

@erinmeri

Fair enough and I agree. I just take issue with the assumption that landlords are powerless. IME, they are far from it.

Never said powerless. I said the tide favors the tenant.

[hut-ho78]

@Knights Mom

Used to be a notice could be verbal or written. NYC just changed the mandate to written. For a non payment case a 3 or 5 day notice is given. Most use a Bloomberg form you can pick up at a legal stationary store. For eviction it’s a 30 day written notice. These are not through the court.

Once that time has passed you can file a petition - either Non Payment or Holdover along with an additional form called a Notice of Petition. The petition is a sworn statement of the facts and includes a copy of the 3, 5, 30 day warning with proof of service. The Notice of Petition gives info as to the court and what you need to do. A Holdover petition for eviction contains a court date. A Non Payment tells you to go in, file an answer and get a court date.

By law a tenant can ask for more time but in a Holdover the max time a judge can give is 6 months from the date of the first final order.

A non payment is a “pay to stay” situation. Eviction can still happen if you violate the order.

Prior to the eviction a Marshal notified the tenant. Only Marshals evict in NYC. Used to be a tenant had at least six business days before eviction. That was just changed to a longer period of time last week by a few days. A tenant can file an Order To Show Cause at no cost requesting more time. The judge can grant a new court date or deny. A denied OSC can be transmitted to the Appellate Court for a no cost appeal. About 1 in 10 are granted. Its luck of the draw. I can find no pattern as to what appeal is granted and which is not. It’s just which judge is more liberal.

You are talking about New York again, right?