Re: Miranda rights

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Hi Dee48,

New York have a new law makes it unlawful for any person to evict or attempt
to evict an occupant by using the following:

a. using or threatening to use force, OR
b. interruption or discontinuance of essential services (heat, electricity,
water), OR
c. removing the occupants possessions from the dwelling, OR
d. removing the entrance door, OR
e. removing, plugging or rendering inoperable the entrance door lock, OR
f. changing the lock on such entrance door without supplying the occupant
with a key.

Unless a Warrant of Eviction or Government Order to Vacate has been
executed. If any future tenant harrassing you or assaulting you immediately
contact the police let them handle it do not put your life in danger. I
agreed with Ozarks seek help from a lawyer.

On 11/23/04, Dee48 wrote:
> Hi Ozarks,
>
> I never assaulted my ex-tenant, he harrassed me since the day he moved in
> though I can't prove it. I did tape him (allowed in NY) with him cursing
> me and calling me names.
>
> The police arrested me for moving his belongings out of the apartment. I
> live on Long Island, NY. I guess I need a lawyer though I am trying to
> talk to the Officer's Supervisor for false arrest.
>
> My only fault was not checking this guy's references further as now I
> found out that he was fired from his previous job and kicked out of his
> last apartment. This guy is a fruitcake.
>
> Dee48
>
> On 11/23/04, Ozarks Lawyer wrote:
>>
>> Difficult to sort out the facts without reading a police report, now
>> that there is one. Could that report state that you were assaulting
>> the tennant and the tennat had to defend himself? Otherwise, why the
>> police arrest you?
>>
>> I suggest getting a lawyer to 1) defend you if criminal charges arise
>> and 2) explore what sort of protections the law offers you have in
>> your state (you didn't say what state) from this tennant.
>>
>>
>>
>>
>> On 11/23/04, Dee48 wrote:
>>> I do not know how to start a new topic yet as I am new to this Board.
>>>
>>> I had a tenant who threatened me with a knife twice. The first
>> time,
>>> the police didn't even write up a report (the tenant admitted to the
>>> police that he was trying to stab me) so I could not get an Order of
>>> Protection from my tenant.
>>>
>>> A few days later, this tenant cut my arm with a knife and I moved
>> his
>>> belongings out of the apartment and had the locks changed as I was
>>> scared for my life. I was in shock after this tenant had drew blood
>>> on my arm.
>>>
>>> The same evening the police arrested me while I was in shock and
>>> emotional distress and I don't even remember what I said. I called
>>> the police officer a week later and asked him what I said and if he
>>> read me the Miranda Rights, he told me he did not.
>>>
>>> What do I do now?
>>>
>>> Thanks for any advice,
>>> Dee48