Tuesday, December 8, 2015

She can't get them out


From PIX11:

Aida Byrne is in a bind. She and her husband moved out of a beautiful house in Jamaica Estates. They settled in Miami and were hoping to enjoy life in Florida. But her husband, Dr. Rodolfo Byrne, now is battling cancer. And the people to whom they rented their Queens home, Winston and Elaine Bailey, haven’t paid rent in almost two years. TWO YEARS!

Aida says the rent is 38-hundred dollars per month. And after two years she says she’s owed almost 100-thousand dollars in back rent and expenses. She’s been to court more times than she can count! She got a default judgment to evict the Bailey’s. But somehow the system fails her.

Here’s why. Every time Aida turns around, someone in the Bailey family seems to be declaring bankruptcy. And that can stop eviction proceedings even though Aida has a default judgment against the Bailey’s.

First it was the Bailey’s, themselves. Now it’s their daughter who isn’t on any lease. Aida can’t believe it.

36 comments:

Anonymous said...

If you want a place where the system is glaringly broken, look no farther than Housing Court.

Anonymous said...

When the system fails, this is a job for Don Corleone. LOL!

(sarc) said...

The mayor considers this "affordable housing"...

Anonymous said...

Awful.

One of the things I never see is asking these deadbeat tenants who claim there is a problem with the house as a reason they don't pay just move on their own, or take a settlement to do so, in order to shred that excuse.

Lesson here: don't be an out of state landlord without local management under any circumstances.

r185 said...

Does Howard ever help any of the people on his news segments?

Anonymous said...

You mean nobody has ever figured out the housing court is anti-landlord!!! If you are a landlord, you would have had better luck in the Soviet Court system than in NYC Housing Court! It's very hard for these judge to read and enforce the laws.

Anonymous said...

Does Howard ever help any of the people on his news segments?

Unfortunately he can't go in like the Terminator and start busting heads. I think the hope is that the publicity from these local TV reporters will either shame the party that is to blame, or shame the (City/State/Federal) agency that is to blame for ignoring the issue.

Anonymous said...

This is why I will never be a landlord in NYC. You can't evict people. If you want to own property and rent it out, do it in a red state. In some places you can get people out with just 10 days notice. That's the way to go.

Anonymous said...

well you never see any follow up reports from howard
what do you think

Anonymous said...

Gotta love Help Me Howard. He's the real deal. I hope they evict this asshole. It just infuriates me to hear the extent that people will go to scam others. Poor lady has to travel back and forth from Florida to NY everytime she has to appear in court. It ain't cheap !! Hope there is real justice for this poor lady...

Anonymous said...

Never be a landlord in NYC. Never. In Texas (and many other states), the deadbeats are moved to curb (by an armed Sheriff) with all their shit, after missing the first rent check (assuming the landlord wants that).

georgetheatheist said...

Is Greg Mocker still around? Arnold Diaz is.

Anonymous said...

Being a landlord is a business and you need to anticipate the problems that can arise in your business. No one to blame but the homeowner who thought they could make a quick buck without much effort. They should have did better screening when choosing their tenants - credit check, security deposit, reference checks, etc.

Anonymous said...

So sell the house to the Russian mob. Problem solved.

Anonymous said...

Being a landlord is a business and you need to anticipate the problems that can arise in your business. No one to blame but the homeowner who thought they could make a quick buck without much effort. They should have did better screening when choosing their tenants - credit check, security deposit, reference checks, etc.

True - but that doesn't excuse the extremely one sided landlord v. TENANT court.

Chester the Dog said...

Court Name: U.S. Bankruptcy Court Records for the Eastern District of New York
Case Number: 1-15-41439-cec
Party Name: Winston Stafford Bailey and Elaine Bailey
Filing Type: Bankruptcy, Office: 1 Chapter: 7 Trustee: Doyaga, David J [Close Bankruptcy Case]
Date Published: July 09, 2015
Court Name: U.S. Bankruptcy Court Records for the Eastern District of New York
Case Number: 1-15-41439-cec
Party Name: Winston Stafford Bailey and Elaine Bailey
Filing Type: Bankruptcy, Office: 1 Chapter: 7 Trustee: Doyaga, David J [Relief from Stay]
Date Published: June 19, 2015
Court Name: U.S. Bankruptcy Court Records for the Eastern District of New York
Case Number: 1-15-41439-cec
Party Name: Winston Stafford Bailey and Elaine Bailey
Filing Type: Bankruptcy, Office: 1 Chapter: 7 Trustee: Doyaga, David J [Judge - Trustee - 341 Meeting Assignment (Chapter 7 No Asset) (Auto Assign)]
Date Published: April 01, 2015

Chester the Dog said...

and another story about the baileys!!

http://www.nydailynews.com/new-york/asthmatic-girl-family-hits-school-lawsuit-racial-bias-article-1.289333

Anonymous said...

NYC really needs to reform the law and make it easier for landlords to evict deadbeat tenants. - Alfster

Anonymous said...

THIS IS A JOB FOR ARNOLD DIAZ !!! SHAME SHAME SHAME, SHAME ON YOU >>>>>

Anonymous said...

Being a landlord is a business and you need to anticipate the problems that can arise in your business. No one to blame but the homeowner who thought they could make a quick buck without much effort. They should have did better screening when choosing their tenants - credit check, security deposit, reference checks, etc.

The only way to get around this is to not be a landlord in NYC. The truth is that you can do all the screening you want, but if someone decides to stop paying rent in your apartment the court will side with them and it will take you at least 6 months to get them out if you're lucky! I did pro bono work in housing court, and then on the private side. The NYC laws are heavily pro-tenant, and getting more pro-tenant under this administration. If the renter has a child or disabled or elderly person in the household, you just doubled the time it will take to get them out.

Screening the tenants will only take you so far.

Anonymous said...

Shitbags !

Anonymous said...

Outrageous !

Anonymous said...

'No one to blame but the homeowner who thought they could make a quick buck without much effort.'

Really? You want to rent your home out because you can make a quick buck?

What an A*hole!

Camel bladder said...

This is how the courts in the People's Socialist ( Communist) Republic of NY City operates. Myself, I kind of like the way Tony Soprano handled squatters in one of his properties.

Anonymous said...

'http://www.nydailynews.com/new-york/asthmatic-girl-family-hits-school-lawsuit-racial-bias-article-1.289333'

Good link. It shows a number of things.

1. Typical city employee. 20 yrs in and retires before 50 yrs old. We pay his pension and he still doesn't have a pot to piss in. That article was 2008. They moved from NYC to Nassau to Suffolk. Now they rent in Jamaica Estates. In the real world when you can't make ends meet you don't retire.

2. Child being taken care of by grandparents. How ghetto.

3. The cold sets off her asthma, so they move from NYC to Nassau to Suffolk. What are they waiting for? Global Warming? It this isn't a case for moving South I don't know what is. They need to put the child's health first.

4. Suing the school board. That's the American Way! Why don't they home school her while she is out? She doesn't have to fall behind. They let her because they are too lazy to take the responsibility of educating THEIR grandchild.

5. Their problems are because everyone else is racist. Naturally.

A sad commentary on the future of social discourse.

Anonymous said...

You don't have to go to a Red state, just get out of NYC and evicting a deadbeat tenant is much easier. My neighbor and his family in Sullivan Co. were kicked out by the sheriff in a month.

(sarc) said...

You have a mortgage for twenty or thirty years.

This way when you retire you have some income to supliment all that social security money you hope to get.

It is an honest fair investment for most.

And then you have scum scamming the system and often leaving you struggling to make the mortgage.

Why are the landlords always vilified???

Anonymous said...

Turn off the water ... the electricity and gas, too. Is this allowed?

Anonymous said...

get out of New York while you can

Anonymous said...

Question for the experts on the board - please save the snark. If you are in this situation and hire someone to change the locks when everyone is out of the house, and you put all their possessions on the curb, can housing court actually issue an order for the city marshall or someone else in enforcement to use force in breaking down the door and letting in the deadbeat tenants again? Could the landlord be charged with trespassing for having the locksmith come and do that?

Anonymous said...

Where is the granddaughter's parents. No mention. The grandparents obviously by their dirty deeds are poor role models to their granddaughter.

This former NYC Police Sargent is apparently a loser. Why are the Bailey's not working? They are bankrupt on their own accord.

The system sticks. The owner of the home should be able to evict them immediately. Unfortunately, they will never get any of the back rent.

Surprised that welfare and food stamps are not mentioned in the article.

Anonymous said...

AFAIK (INAL) if there's no record of them living there, you can get away with that.

If there is a record (say, ongoing eviction proceedings) you can't.

Best to put their possessions on the curb several blocks away.

Rick D said...

Until you get an okay from the court for an actual eviction, they can stay. And once you get the okay from the court to evict them, you can't do it yourself. You must use one of the NYC Marshals.

Can't put their possessions on the curb. If they're not home, you are legally required to store their crap for (I think) for 30 days.

Unknown said...

Chesterfield the dog u seem to know a hell of a lot about the bailey's business are you a stalker??

Anonymous said...

I actually know this family. They are crooks! They use Winston's title as an ex cop to do dirty work. She got her own sister and her sisters children arrested by saying she attacked her grandmother daughter. She even had another set of nieces and nephews arrested because she said they attacked her and her granddaughter. They bounce from house to house never paying rent just relying on a vulnerable landlord until their time runs out

Anonymous said...

First of all you jealous snake we work hard for twenty seven years while most of you collected welfare god can judge the family I know the family very well Mrs bailey takes very good care of her family without welfare and own her own home you an other people think you know I pray that everyone who speaks bad about this family be judge by God every good person in the world get hurt by the devil they always payed me i rented to them they never missed a payment the landlord Aida byrnes is a racist she told me she didn't want any blacks in her house that when the bailey report her check your facts hpd sued her the city violated her check you facts and the drug dealing family members she had locked up smoke drugs in front of there children check your fact stupid you can't call criminal family they were always jealous of the pretty one check your facts everything that is being written on this page is being save by law enforce meet eve an ava davis any other one of her jealous family members