Photo by the City of New York. 500W140 Tenants
Association. Vicki Richman, Secretary.







Copyright © 2007-2008 500W140 Tenants Association. All rights reserved.
Copyright © 1999-2007 Vicki Richman. All rights reserved.
Except where otherwise noted, permission granted,
with attribution and copyright notices affixed.

2008 May 16 Friday 09:23:10 -0400.
Pleased to meet you, 38.103.63.18!

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It was the best of tomes. I got the wurst of ptomaines.

Full eviction story | Memorandum of Law | Appeal brief | Reply brief
Oral argument | Appellate Division decision | Site map
Scroll down the left column for recent developments; the right for less recent.

FLASH!! New York, May 9, 2008

Gretchen Morgenson in today's New York Times: "Questions of Rent Tactics by Private Equity." But remember, you saw it here first, in our entry for December 31, 2005.

L&T differences aside, our sympathy and support are with our landlords for the strife the people of Beirut are now enduring. With their wives, both have worked to rebuild Lebanon after at least five decades of civil wars, assimilation of Palestinians driven from their home, and bombings by Israel.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, May 6, 2008

AUNTIE SEMITE?

That's how the litigator for a feared and hated eviction mill in New York, specializing in putting African-American and Latino tenants on the street to make room for affluent whites, chose to characterize Vicki for writing this web site. Perhaps "Trannie Semite" would have been more apt. Borah Goldstein has evicted me three times since 1977, twice for the crime of being transgendered.

"As the child of Holocaust survivors," the litigator appealed to the judge, "I object to her web site and want her held in contempt." He must have made his family proud, passing the bar and joining the law firm that many tenants see as a virtual New York Gestapo, which keeps its receptionist in a bullet-proof cage.

"She's sophisticated," the litigator described me, begging the court to ignore my dowdy appearance. "The web site goes back to the 1990s," he went on, once again proving that history is written by the winners, "with a long record of harassing landlords."

Harassment: 1. being called "John and/or Jane Doe" in eviction papers after returning to care for an ailing mother; 2. getting the boot from one's childhood home; 3. entering the database of blacklisted tenants.

Its rise to power began in 1977, when it booted me from the home where I became transgendered. It was called Finkelstein Borah Goldstein then. The founding partner, Danny Finkelstein, now known as the dean of New York landlord-tenant law, wrote the textbooks judges consult before ruling. Less than two decades after his partner Robert Goldstein litigated me out of my West 82nd rent-controlled home, Mr. Finkelstein joined his son's modest real-estate firm, forever gone from what had become the most prolific eviction mill in the city, the firm he had founded.

Final arguments are over; memoranda of law are filed; we await the court's decision on contempt.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, MAY DAY, 2008.

SOLIDARITY!

For tenants without liquidity, that's all we have.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Apr. 16, 2008.

In hearing our lawyer's argument against contempt, the court ruled that that plaintiff has produced no evidence that Philip Tager, a respected leader of the Lebanese diaspora in New York, is affiliated with our landlord, and has in fact denied it. Therefore we infer that we may now cite Mr. Tager as one of the two partners of the LP that owns us.

While none denied the other partner's identity, none fully affirmed it. Rather than speak for himself, Steven E. Carter preferred presenting the plaintiff's preening posse of parcel-peddling puppets, pampered Pesakh petseles, and pandering poseurs on parade.

Representing us, Steven DeCastro has taken the bold and dangerous move of resting our case without presenting any testimony or evidence. Answering plaintiff would provide little, our lawyer reckoned, that his cross had not already shown. Worse, it would allow the plaintiff to rebut our defense and perhaps fill the gaping holes we believe it had left in its case.

But the most compelling reason to refrain from presenting fact, in our merely ethical opinion, is to leave our First Amendment protection in the overarching position for acquittal.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Mar. 17, 2008.

Our slumlords have hauled us into court, calling this site in contempt. Setting them off was our reply to their nonpayment claim. We had withheld 60% of our rent for violations and lack of required services.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Mar. 11, 2008.

GOOGLE BOMB!

Attempting to prove that Vicki is in contempt of court for this site, the Borah Goldstein litigator representing our landlords is claiming that Vicki has doled out copious coin to convert this site to a Google bomb.

Pay Google?!! Borah Goldstein, Perseus Capital Management, and Cronus Capital have enabled our bomb by repeatedly searching for citations of themselves on this site. In what may be the most perfect circle in legal logic, Borah's attempts to prove contempt have generated their sole evidence for contempt. Google should be paying Vicki for the heavy hits this site has fetched for the search engine.

Our trial resumes on March 24, at 2 p.m. The court has shown an even-handed judicial restraint and respect for justice. Criminal contempt has been thrown out. It is now a civil matter, with a "preponderance" — much more than 51% — of the evidence needed to affirm the plaintiffs' motion.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Feb. 27, 2008.

CONTEMPT!

Vicki is now in contempt of court for this site. It's all over but the trial, scheduled for March 10.

A blindfold has not spared Dame Justice a rancorous reaction to our December 5 entry. We complied with our agreement to remove the identities of our actual owners. But upon reading our edited text, the court has expanded its order, without prompting by our adversary, to include any reference to our landlords' business names, Perseus Capital Management, which is for tenants only, and Cronus Capital, for investors only; no tenants allowed on the latter site.

In our opinion, stripping, shredding, and slip-shodding this page any further will not change the court's view of our site. But it will destroy the work that Vicki has been creating for over ten years.

Or, as e e cummings writes in his i sing of Olaf, "'there is some shit I will not eat'."

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Feb. 22, 2008.

TENANTS GAIN
RENT REDRESS.

Turning back various regulated rent increases for as long as two years, with retroactive rebates assessed, the Division of Housing and Community Renewal has just ruled in favor of the Tenants Association petition citing unsanitary conditions and the lack of essential services and habitability.

The decision has been logged as VB430010B. It was handed down about a year after our submission. It fails to acknowledge that the present owner removed the resident superintendent about three months after the date of our petition. The tenants are considering another RA-84 petition for lack of a resident employee or of 24/7 maintenance service.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Jan. 30, 2008, 12:31 p.m. An Israeli govenment commission has just reported "'grave failings' among political and army leaders," according to Reuters, in shelling southern Lebanon in July 2006. The skirmish, which reportedly killed 1200 Lebanese civilians and about 150 Israeli soldiers, is said to have driven the harvestable fish from the eastern Mediterranean coast, depriving the fishemen of Tyre of their livelihoods.

Without openly criticizing Israel themelves, a group of Lebanese-Americans, Social and Economic Justice for Lebanon, has undertaken to build affordable housing in southern Lebanon. We tenants are proud that Philip Tager, one of our landlords founded SEAL and that his wife is its treasurer, and we urge support for its efforts. The Israeli commission offered no apparent reparation for what it admits was a mistake. Lebanon has sought no redress, but, funded by Hezbollah, private Lebanese are suing Israel.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Dec. 6, 2007.This is no longer the Home Page of Vicki Richman. This page is now registered by the 500W140 Tenants Association. The new owners of this site will gladly post any objection to the content from the landlords. Hard copy, email, or fax. Links to the landlords' proud citation of themselves now replace their personal surnames everywhere on this site.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Dec. 5, 2007.

AMICABLE.

That was how Vicki and Casey agreed to describe their settlement with their landlords. The tenants got a 19% abatement on unpaid rent. The legal regulated rent was reduced to what we claimed from a higher figure billed by the landlord, and our lease goes to next year. The landlord agreed to provide a 24-hour maintenance number, and to improve conditions.

That brilliant coup was devised and executed by the top tenant lawyers in New York, Steven DeCastro, Esq. and his associate Peter Sayer, Esq.

Despite their willingness to go to trial to protect our civil liberties, Vicki agreed to redact citations of our slumlords. Therefore we link to the site where they proudly cite themselves. We expect no thanks for this exposure. Tenants call them Perseus Capital Management, LLC, and their loaded clients know them as Cronus Capital, LP. In fact they identify their real selves on the Cronus web site, but hide their names on the Perseus site.

"How dare you okay such limitation on our strongest means of petitioning for redress of grievances?" demanded a tenant committee of their president and secretary when we got home.

"Well," we answered sheepishly, staring at the floor and swaying from side to side, "if we didn't agree, we'd have to go to trial, and the judge" — apparently a fan of 1950s cool jazz (Miles, Sugar Hill needs you now!) — "called our web site petty, mean, worthless, insignificant, libelous, spiteful, traitorous, offensive to natural law, and probably linked to cyber-terrorists.

"Wow, the judge sure knows your web site, Vicki. How come he didn't add 'Hitler' and 'Stalin'?"

"No, he just heard the landlords' lawyer describe it."

"And for that he made you agree to nonsense?" asked the incredulous tenants. "We can't dignify a rant with the word 'unconstitutional.'"

"With such judicial restraint," Vicki continued, "if we refused and went to trial, his decision would no way be as favorable as what we were getting. The bench might even have spewed an injunction against this site, and we'd now be in the can for contempt."

"So we wouldn't have to listen to your endless lectures at our meetings."

"Hey, come on," Vicki argued hopefully, "I did it for you guys, the tenants. We got major concessions in return for voluntarily censoring our site. Besides, maybe the judge was right. Even life-destroying, mass-eviction slumlords have a right to privacy."

"Vicki, Vicki," the tenants sighed, shaking their heads more in pity than sorrow, "you constantly carry on about your article on the tenant blacklist. A couple of mouse clicks, you showed us, and the landlords have our social-security numbers, our salary, our debts, our rent history, our spousal squabbles, and every landlord-tenant dispute, for any reason. Did the slumlords stipulate to stay away from the blacklist database? No, they have the money and the power. Will-to-live power. Their property is our homes, and our homes are our lives. You gave away our only means of defending ourselves."

Vicki shrugged, looked at the ceiling, and tried to blink away a tear from an eye.

"The landlords demanded photo ID from each of us," the tenants went on, "and copied it, before giving us a front-door key. Look at what their own web site asks us to tell them. They know who we are. Well, Philip Tager, one of our landlords, is a founder of a courageous, principled activist group that builds affordable housing for the fishermen of southern Lebanon, whose livelihoods were destroyed by Israeli shelling in 2006. It has to deal with prejudice, discrimination, know-your-place caste targeting every day. And yet you, Vicki, sit silently as the court levels the same class bias and judgment-jumping against you."

Vicki's heart is filled with shame. Her agreement to save some bucks, improve our lives, and stay out of court has sold out her friends and neighbors. "I am unworthy," she blurts out. "I don't deserve my own web site." And she collapses silently sobbing.

"No you don't!" say the tenants sternly. "That's why we're confiscating your site. This is no longer the Home Page of Vicki Richman. This is now a tenants site. And as our group has entered into no foolish agreement, we choose to leave the content just as it is. And just to show you we have no hard feelings, Vicki, we appoint you webmaster of our site."

"Hmm," says Vicki, once again struggling to pretend she has a grasp on the law, "that may not work. Letter versus spirit, like that."

But the tenants know more about the ruling than they had let on. "Didn't His Honor tell you, Vicki, that the landlords are free to hide their existence with whatever nonce LLC du jour they've decided to invent for themselves, and no one is allowed to identify or even to know who is profiting from those idiotic noms d'arnaque? And didn't the landlord's lawyer put that very ruling on the judge's lips? Surely then neither the judge nor the landlord can attempt to peek around a tenants organization name and find the mere human person Vicki Richman."

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Nov. 24, 2007.

9 WORST.

Among the nine most decrepit tenements in Manhattan, according to the NYC Department of Housing Preservation and Development, is one owned by our slumlords. Known as Perseus Capital Management, LLC, by tenants, or Cronus Capital, LP, by clients, they are also the slumlords of 612 West 182nd Street, zip 10033, cited in the list just released by the HPD.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Nov. 11, 2007.

The LORDS of
the VANDALS.

Our Tenants Association bulletin board has just been ripped out of a plastered brick wall in the tenants' mail room. The item cost less than $50 new and was likely destroyed in the act. The area appeared immediately cleaned, and the damaged bulletin board was nowhere on the premises. The board had been marked as belonging to the Tenants Association and was mounted in the tenants' common area.

From the flimsy evidence, Vicki infers that our slumlords contracted for the vandalism in retaliation for: tenants' complaints about lack of heat, a defective, damaged elevator, and the absence of a superintendent or any employee on the premises; and, specifically, Vicki and Casey's counterclaim for damages in the slumlords' nonpayment court action against us.

To hide from their tenants, our slumlords use Perseus Capital Management, LLC, giving tenants only a useless voicemail number and a postal box for rent. To their chums and acquisitive clients, they are known as Cronus Capital, LP.

The bulletin board had been bolted to the wall with anchors cemented into the brick. The vandalism left four gaping holes in the wall. Where the board used to be, Vicki and Casey posted Thanksgiving greetings to the tenants. As the paper stock may be easily ripped off the plaster, we shall see.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Sept. 30, 2007.

GENTRIFICATION.

Well, we predicted it. It just took five and half years to happen, probably spurred by Columbia University's attempt to expand above 125th Street.

Our slumlords, using the business names Perseus Capital Management and Cronus Capital, have begun mass evictions of tenants of color, many on subsidies paying low rent. Are they pulling a Joel Saul Weiner, not bothering to show up in court? No, they really mean it. They're using the eviction-mill law firm Borah Goldstein. At the same time they're gut-rehabbing the many vacant apartments, with, for example, real wood floors instead of the faux tiles.

Casey and Vicki are among the evicted, facing Borah for the third time since 1976. This is our first nonpayment; the others have been holdovers. We have paid only 40% of our legal rent since January 2007, withholding 60% for such lack of habitability as no resident employee, no locked entranceway, no intercom, and no reliable, safe elevator. We are arguing for the abatement; we are prepared to pay the balance if we lose. While the other evictions are meant to open the building to middle-class tenants looking for bargains near Columbia, our eviction appears only personal retaliation for this Web page and for organizing a tenants association.

Gentrification also appears to explain sudden improvements. The front door has been repaired, with a powerful magnetic lock opened by an encoded Keri key fob — a small, firm plastic amulet that identifies the apartment to which it was issued, with perhaps additional information — and installation of a new intercom system promised to begin tomorrow.

In place of a resident superintendent, the slumlords have contracted for cleaning and maintenance crews, appearing only at the slumlords' pleasure. While the contractors are efficient on the common areas, the tenants have no one to contact for a personal problem, like a leaking pipe, a clogged toilet, a malfunctioning stove or refrigerator. However, if the apparent gentrification is successful, we may get a resident concierge to interact with tenants.

Such gentrification will lead us to return to paying our legal regulated rent, but it will destroy the lives of the tenants forced to the street to make way for well-heeled replacements.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, June 30, 2007.

0.

No super. No porter. No front door. No intercom.

So what have our slumlords, who bought us two months ago, given us? A postal box to receive our rent. Oh, and a voicemail number.

They use variable and elusive stooges under the name Perseus Capital Management. Their investment brokerage, Cronus Capital, L.P., speculates in "urban housing" suffering "distressed or unique situations." Well, if that's not what they bought, that's what they have made of this purchase.

They have inflated their monthly statements to include a full security deposit and a 5% late fee charged on the second day of the month, with sundry other undeciferable fees. Every tenant is suddenly thousands in arrears. We continue our preferential rent, 40% of the legal regulated maximum, and the DHCR grievance by our tenants association remains alive, if stagnant, with those recent addenda.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, May 28, 2007.

CAPIN CASHES CASAS.

As predicted on May 5, our slumlord has sold our home separately, apparently unable to find a single buyer for his block of ten Harlem apartment buildings.

A pair of stylishly strutting scroungers, two youthful MBA types, using the nom d'arnaque Perseus Capital Management, L.L.C., now own our home. Philip Tager lives in a far-east Upper East Side high-rise sprung from the debris of Old Law tenements once housing tradesmen and domestics to the doyens and denizens of Park and Fifth Avenues. Steven E. Carter has a one-bedroom condo on the fifth floor of a gutted sweatshop loft building, Chelsea Lion's Head, once generating the gentility that kept Ladies Mile full and flowing at the confluence of Chelsea, the Village, and Gramercy. They founded the investment brokerage Cronus Capital, L.P., 275 Madison Avenue, New York.

Mr. Tager is an alumnus of the notorious Praedium Group, the primary source of financing for the rapacious slumlord Joel Saul Weiner of the Pinnacle Group. After dabbling in downtown condos for a decade or so, Mr. Carter turned to Harlem about three years ago, apparently as a protégé of Mehmet A. (Luca) Capin, who sold him our home (neglecting, one suspects, to mention this website).

Mr. Tager rents. Mr. Carter's condo is less a home than a barrel-scraping pied à terre investment. Not to worry, both have second, and even third, homes from the Catskill foothills to the para-Hamptons. In 1997 Mr. Tager co-founded Social and Economic Action for Lebanon (SEAL), and his wife is its treasurer, often hosting fashionable fund-raisers. Mr. Carter's wife is an academic clinical psychologist. Both families have contributed to SEAL.

By what may be a coincidence, lacking a lock or an intercom to the front door of our building is no longer a problem. We now have no front door at all. The world has seemingly welcome access to our mail, hallways, elevator, stairways, and apartments.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, May 5, 2007.

Our slumlord has paid off his $1,400,000 secondary mortgage on our home and the nine other covered properties. That was on March 28, 2007, and our sources are somewhat slow. So it seems likely that Mehmet A. (Luca) Capin, the slumlord's broker and building manager, has already sold the buildings.

One of those properties — 23 East 109th Street, or 1632 Madison Avenue — has indeed been sold, to the landlord Michael Ostad, M.D., a urologist at Maimonides Medical Center in Brooklyn, residing in Old Westbury, Long Island, with a pied à terre on the 15th floor of the Beekman Regent at East 51st Street.

Solar Realty Management and Capin's Associates may be fronting the deal. The "sale" just changes the silent investor. William Robbins cashes out, and the urologist pisses in. We'll probably still be owned by Capin. Our Tenants Association petition for lower rent, Division of Housing and Community Renewal Docket Number VB430010B, stays alive.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Apr. 6, 2007.

4 MONTHS, 40% MAX.

With our April rent payment in our slumlord's Clifton, N.J., bank account, we've paid 40% of the Rent Stabilized maximum for four months. Four check endorsements should set a "preferential rent," crunching any claim of automated inadvertence by William Robbins and his building manager, Mehmet A. (Luca) Capin of Solar Realty Management Corporation and Capin and Associates, Inc.

Our slumlord continues to bill us for what Solar Realty claims is the Rent Stabilized maximum, taking our check and incrementing arrears every month. But a rent check is not payment against an incurred debt. It's an offer to pay in advance for occupancy. The courts typically take the endorsement on the back of a rent check as an agreement to a lease-like contract.

Meanwhile the 500W140 Tenants Association has filed the "Application for a Rent Reduction Based upon Decreased Building-Wide Service(s)," form RA-84, with the New York state Division of Housing and Community Renewal. It includes three pages of tenants' signatures, form RA-84.1. If the building gets an effective lock — if each unit has an intercom — if the slumlord hires a porter — then Solar Realty will have responded to our grievances.

With Casey the acting president and Vicki the acting secretary, the majority of our tenants prefer petitioning the DHCR to following their officers' rent-striking example. The DHCR has accepted our petition as Docket Number VB430010B.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Apr. 1, 2007, 11:59:59 p.m.

April Fool's Day completes 24,350 days, or two-thirds of a hundred years, on this earth for Vicki. No cheapie, Vicki took it all with a century of humor.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Mar. 7, 2007.

PINNACLE WANTS US?

The notorious slumlord Pinnacle Group, headed by Joel Saul Weiner of Brooklyn, aims to buy our home, according to rampant rumor. We're now owned by Mehmet A. (Luca) Capin of Capin & Associates, Inc, and Solar Realty Management Corporation.

Oft-cited by tenant activists and politicos as the most feared slumlord in Harlem, Pinnacle seeks profit not merely by market fluctuation, as does our present owner, but also by vacating its properties and sending its tenants into the streets homeless.

But Joel Weiner is only a bellowing, blustering bully, bearing no big billy. Although he typically begins thousands of eviction actions a year, Pinnacle almost never actually appears in court against tenants who dare to stand up to Weiner and his henchmen.

Pinnacle Group receives almost all of its financing from The Praedium Group, which claims such "'value enhacement' opportunities" as acquiring properties with: "deterioration of the asset's physical condition; inadequate repairs and maintenance"; and "present ownership's failure to aggressively manage the current tenant/leasing base." Anything under the éminence grise Mehmet Capin qualifies.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Jan. 8, 2007.

SLUMLORD TAKES
REDUCED RENT.

Lowered by 60%, our January, 2007, rent check is now in the Clifton, N.J., account of William Robbins, the "sole member" of the LLC that owns our building. Solar Realty Management Corporation shrouds Robbins and his broker and building manager, Mehmet A. (Luca) Capin of Capin and Associates, from the tenants who make their livings for them.

In warning our slumlord, we appealed to the bedbug case, won by the tireless tenant attorney Steven De Castro, Esq. The loser, Jamie Leigh Heiberger, Esq., now represents — fortuitously, one hopes — Solar Realty Management and Luca Capin.

By common law and a sleep-sowing slew of Solomonic say-so, taking less rent overrides any earlier contract and affirms lack of redress. Cashing the check may also set a lower maximum, or a "preferential," rent-stabilized rent for our apartment.

However, in practice, legalities work only for the landlord, not for the tenant. The court may yawn and nod as the slumlord claims that taking the check was the forgivably inadvertent bug of office automation.

In our landlord-leaning legal system, we may need a few months of reduced rent to shed the sham of inadvertence and secure our lawful compensation for the continuing failure to redress violations.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Dec. 28, 2006. Slumlord's Holiday Jeer:

HAPPY NEW FEAR!!

No tree. No lights. No deco. No porter. No intercom. No lock from the street to the lobby. Just a bare, litter-strewn entrance. With muggers, panhandlers, scammers, and the legions our City has chosen to leave unwashed and unwanted waiting to let us in.

Well, the elevator has had minimal repairs after over two months of our slapping soles to steps in this seven-story building. But it's still down about a day and a half a week. It's groaning and thumping new warnings at us every time we're in it. Our slumlord, Mehmet A. (Luca) Capin, boss of Solar Realty Management Corporation and Capin and Associates, has mailed a new rent statement just in time for 2007, with creative holiday increases backdated for months and years. He's placed just about every old-time tenant in overbearing arrears.

But we have a new tenants association, with Casey elected the acting president, and Vicki the acting secretary. We're working on a rent strike. Bearing our leadership burdens gravely — perhaps lured to join the City's unwashed and unwanted — we've begun by deducting 60% from our rent check for January 2007: no entrance lock or intercom loses 45%; sacking the porter, with only the super for all building maintenance, shaves another 15%.

Reading our letter, you'll see that our legal grounds for withholding rent is the infamous bedbug case, which Jamie Leigh Heiberger, Esq., lost to the tireless tenant attorney Steven De Castro, Esq. Now it happens that Ms. Heiberger is the landlord lawyer representing Solar Realty Management.

Will Ms. Heiberger get her round two against us?

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Nov. 22, 2006, 9:44 a.m.

MAYBE RENT.

After about 51 hours of hypertensive aggravation, repeated phone calls, and loss of income, our heat and hot water have returned. The elevator remains motionless and useless, without any apparent repair work. The slumlord has about ten days to show us why we should pay rent for December.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Nov. 21, 2006, 7:13 p.m.

NO RENT.

No heat. No hot water. No elevator. No Thanksgiving.

No bending our knee for relief from the lords of Rent Stablization. If our slumlord wants to get paid, and if he can find his balls, he'll plead his case to the judge.

Our slumlord, Mehmet A. (Luca) Capin, has "temporarily suspended" his unlisted land line in Great Neck, Long Island. Our boiler has been down for over 36 hours. The elevator . . . well, read on. The voice at his emergency service says the building manager and the front office are "unresponsive."

Has the Manhattan real-estate tsunami — has slumlord millions dumped into structurally unsound properties without pennies remaining for renovation — left high-rolling Capin's Associates, Inc., and its slumlording offspring Solar Realty Management Corporation flailing and thrashing in the sand, gasping for another bubble to keep them afloat?

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Nov. 16, 2006.

OUR WISH.
GRANTED?

The stake is in the undead heart. We're slapping our soles as high as to the seventh story until whenever. Our slumlord, Solar Realty Management, cut a $20K check — sez the office — on a $40K contract to have the deathtrap elevator rebuilt. Some day, unknown or unmentionable. But not replaced, alas.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Nov. 6, 2006.

THE DEAD RISES.

Our elevator. The inspector condemned the crate two weeks ago. We tenants of 500 West 140th Street in Manhattan had to trudge as many as six flights.

It's up again, although, after hearing the clunker body-slam the shaft, after feeling its tooth-loosening vibrations, and after never quite hitting the floor we were aiming at, many would say we'd be better off with the undead junker forever out of its misery.

[See the Brief for Appellants or our full story.
Scroll down for recent developments.]

New York, Oct. 26, 2006.

CASA CAPIN CAVES.

Describing Washington Heights property owned by Solar Realty Management Company as "a squalid apartment building," the New York Times reported on October 10, 2006, that our slumlord, "Mehmet A. Capin, the chief executive" of Solar, has vacated most of the tenants. He was reportedly acting under order of the Department of Buildings, which cited such "violations" as "a partly collapsed ceiling and a bathtub sinking through the floorboards."

Also known as Luca Capin, he heads Capin's Associates, Solar's holding company. According to the Times, Capin now refuses phone calls. A New York Resident reporter has privately told us the same. From 1998 to 2003 to September 3, 2006, Capin would loudly and proudly boast of his investment strategy to publications from the Times to the Real Estate Weekly to Crain's.

About a year ago, in a dramatic departure from his earlier rôle as broker and building manager for other investors, Capin bought the sorry squalor as part of a package with four other buildings in upper Manhattan and Queens. As borrower, he has signed for the mortgage under different dummy LLC names. The vacated building is at 501 West 173rd Street in Manhattan, lot 48 of block 2130. The Post Office also recognizes 2284 Amsterdam Avenue as its address.

Meanwhile the Department of Buildings has condemned our elevator, in 500 West 140th Street, or 1616 Amsterdam Avenue, on lot 36 of block 2071 in Manhattan. We tenants shall have to walk as high as seven stories until and unless Capin gets around to correcting the elevator violations.

If he fails to do that in a reasonable time we will withhold our rent. Bypassing the New York state Division of Housing and Community Renewal, an ill-disguised landlord front, we will rely on the courts, if necessary, to rule on how much we owe for living in desperation and despair.

[See the Brief for Appellants or our full story.
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New York, Aug. 1, 2006, midnight.

BOXCARS!!

So begins the final 12 months in which Vicki can reckon her years on this earth in dicemal notation. She's happy only to have made it through snake eyes.

[See the Brief for Appellants or our full story.
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New York, July 21, 2006.

SLUMLORD SENDS
A NASTYGRAM.

This time he paid for a real lawyer. Jamie Leigh Heiberger-Jacobsen, Esq., is her majestic moniker.

Omitting any mention of this web site, she objects to the physical distribution and posting of our slumlord leaflet. It calls for a tenants association and cites our slumlord as Mehmet or Luca Capin, of Capin and Associates and Solar Realty Management Corporation, with his actual home and business addresses and phone numbers. She finds it "libelous and slanderous" and worthy of unspecified retaliation.

Ms. Heiberger, as she is known in the eviction industry, is celebrated among tenant activists for losing three cases — bedbug, predicate-notice, and consumer-rights — to the well-spoken tenant lawyers Steven DeCastro, Edwin Vega (of Legal Aid), and Robert E. Sokolski (of Zekaria and Sokolski). In the last, Romea v. Heiberger Associates, Ms. Heiberger's office was the defendant, not the litigator. Answering her firm's appeal to the Second Circuit of the U.S. Court of Appeals, Mr. Sokolski established that a lawyer seeking a nonpayment eviction is a debt collector subject to Federal law.

[See the Brief for Appellants or our full story.
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New York, May 26, 2006.

LANDLORD
on the LOOSE.

Calling himself the "in-house attorney" for Capin & Associates and Solar Realty Management, a real-estate wheeler-dealer threatened "subpoenas of all your records" to get us to take down this site and stop organizing a tenants association for 500 West 140th Street in Manhattan.

Our phone caller, Michael Goldman, is in fact just a broker for our slumlord, Luca Capin, according to the Real Estate Weekly and the New York Real Estate Journal. Contrary to the threats of the "in-house attorney," Mr. Goldman has never litigated. He typically represents both sides of real-estate deals.

[See the Brief for Appellants or our full story.
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New York, May 24, 2006, 6:25 p.m.

LUCA'S "LAWYER"
SQUAWKS!!

This site must remove any reference to Luca Capin as the owner, owner's representative, or manager of our home at 500 West 140th Street, in Sugar Hill, Harlem. Or so said a phone voice claiming to be the attorney for our slumlord — uh, make that, for the bloke who plays the rôle of our slumlord.

Accusing us of "slander" and "restraint of trade," about half an hour ago, a man identifying himself as Michael Goldman, "the in-house attorney for Capin & Associates," phoned Casey and Vicki with threats of sundry "legal actions," including "subpoenas of all your records," if we fail to redact our citations of Mehmet or Luca Capin, Capin & Associates, and Solar Realty Management.

The apposition of the word "slumlord" against the various compounds of the proper noun "Capin" seemed to stir some sonorous straying from our communicant's routinely restrained recitative. Repeatedly accusing us of courting an "adversarial" relationship, our putative slumlord's alleged attorney insisted he was "the only friend you have," and meant only "to help you."

We asked Mr. Goldman to put his gripes in writing. He failed to acknowledge our request.

More, we have very little doubt, is yet to come.

[See the Brief for Appellants or our full story.
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New York, Jan. 1, 2006, 2:30 a.m.

NEW YEAR!!
NEW RENT BILL.

At some time in the last twelve hours, our rent bill came skidding over our threshold.

Our new year's surprise: Luca listens!

As domestic partners for over 29 years, Casey and Vicki have learned one legal point: Don't rely on rent law to protect us; get both our names on every document. We made sure Casey and Vicki were on the top and last lines of our Rent Stabilization lease.

But, of course, the field for "tenant" in the slumlord's software database allows only one entry. We've so far refused two computer-generated renewal leases until the slumlord manually added Vicki's name to Casey's in the "tenant" field. Every month we squawk for Vicki's name on the payment demand, as a rent bill is useful ID. The omission is not sufficient cause to withhold rent, but we threaten anyway.

To make matters worse, our slumlord, Luca Capin of Capin & Associates, Incorporated, and Solar Realty Management Corporation, refused to acknowledge the one payment we had sent to his physical address, rather than to the post-office box he gives to tenants. For two months we had been carrying arrears.

The rent bill shoved under our door on New Year's Eve, 2005, is to "Vicki Richman & Eileen Casey." It shows our earlier rent paid in full, with no arrears.

Happy new year, Luca.

[See the Brief for Appellants or our full story.
Top of right column for less recent developments.]

New York, Dec. 31, 2005.

THE YEAR
of the SLUMLORD!!

Does Luca Capin, our slumlord for the past six months, at least, actually own 500 West 140th Street, in Sugar Hill, Harlem USA? Not exactly. Someone else — a bloke called William Robbins — signed the mortgage papers under the nonce limited-liability company name that we write on our rent checks. Luca just runs the building to protect his client's investment until he can sell us at a handsome profit.

Luca has done the same for a slew of other tenements in the Bronx and uptown Manhattan — at least a dozen in this millenium, by my count. He's not exactly hiding his work. He seems to want people to know his business and lifestyle. He's offered press interviews; he's written about his investment strategy under his byline. But he has apparently intended his public relations only for certain people.

From certain others — us tenants of the apartment buildings he manages — he most certainly is in hiding. He gives us tenants only a business name and the numbers for a post-office box and voicemail.

Identifying myself as his tenant, I have heard Luca hang up on me over the phone at his home and at his office. He has not answered my mail. He has not answered email to the for the capinandassociates.com site. He has my email address for sure; he owns a URL that has hit this Web page repeatedly in December 2005.

"I make my living talking to people on the phone all day," Luca tells the press. The people he talks to don't include us tenants, who make his living for him.

But if I had identified myself only as a journalist, I would have had no problem speaking to Luca Capin. He loves giving interviews. His brokers — Benjamin and Timour Shafran, Isaak Kohannim — are frequent sources for real-estate reporting in such rags as Crain's, Wall Street Journal, and Real Estate Weekly. This blog entry is based only on public records, conversations with tenants, and published material.

Under the name "Mehmet A. Capin," he arrived here with his family from Turkey about fifteen years ago. Claiming to be a writer, he defines journalism as the business of selling facts, and, in a flash of self-aggrandizing insight, instantly finds that real estate fetches a higher price in the USA.

He starts out with the title "vice-president" at Metrovest Equities in Astoria, Queens. The New York Times cites him as "Mehmet Capin" in a February 1, 1998, article on upper-Manhattan real estate. As "Mehmet Capin," he also affiliates himself with the Hyde Park, Long Island, law firm Mandell Mandell Okin & Edelman, LLP, where he learns how to file Articles of Organization for nonce LLCs to buy property for his clients under cover from the people living there.

Several years later, he begins using the name "Luca" among his friends and associates, as well as the press, and founds Capin & Associates, Incorporated, to run his investment brokerage.

Needing an extra layer of protection between himself and the sentient portion of the property he profits off, he founds a sub-corporation for tenants only. Perhaps whimsically, as Luca has just bought his vacation home in environmentally conscious Fort Lauderdale, Florida, Luca calls his tenant trap the Solar Realty Management Corporation. That flight of fictional fancy is the only entity he chooses to reveal to his tenants.

He incorporated both businesses under the name Mehmet A. Capin, according to New York State records. He also used that name in 2003 to sign the mortgage on 742 Saint Nicholas Avenue (just down the block from St. Nick's Pub, the legendary jazz joint), according to government records. That is perhaps the only uptown tenement he personally owns; the broker was alleged to be one Batuhan Capin at Luca's business address. The administrative contact of capinandassociates.com is also a . According to a published article, Luca's son Deniz Capin "represents" Solar Realty Management, but the son's name appears on no official papers.

A phone call for "Mr. Capin" to Capin & Associates will draw the reply, "Which Mr. Capin?"

Luca Capin is a "real-estate investment broker." Let's say you have a couple of million — or at least hundreds of thousands — dollars lying around. You want something more exciting than tired old stocks and bonds. You go to a guy like Luca. He already has a couple of other dudes even more loaded than you waiting for action. Luca pools your gelt into a limited-liability company, and uses it to buy a slum tenement — for maybe 3.5 to 12.5 mil — in the Bronx or upper Manhattan.

The elevator may be down, the boiler may be out, but the place has tenants like us living in it. That doesn't bother Luca. He runs the building until prices in the neighborhood zoom, like everywhere else in metro New York. He's not as bad as some of his colleagues. He buys oil a couple of times a year. He burns the oil, sometimes excessively, often insufficiently, always inefficiently. He plugs holes that don't cost him more than three or four figures. He half-pays a nonunion superintendent and a cleaning man; they're replaced three or four times a year. He provides no apartment for the super; all living space in this building are for paying customers only.

Our rent pays mainly his expenses and his income. The payoff on your investment comes after his tenants and our neighbors have worked for years to improve the surroundings and to raise the price of real estate. The price finally doubles on the building we live in and he owns.

That is, Luca Capin lives off the sweat and smarts of his tenants, and brags about his way of life to the real-estate industry. His home is on Windsor Road in Great Neck, one of the wealthiest sections of Long Island. He owns a luxury condo in Fort Lauderdale, Florida. He even runs his business in PR-heavy central midtown Manhattanƒ, a half hour or more on the subway from his properties.

He has built nothing in this neighborhood. He has contributed nothing to this neighborhood. He has introduced no new living space, business, or facility to this neighborhood. He buys and sells what others have toiled to build.

Luca Capin cares nothing for this neighborhood. He simply lives off the people living and making a living in this neighborhood. Refusing even to talk to us, he profits off our daily struggle to survive.

Enlightening readers outside of New York City as I celebrate New Year's Eve by cutting my rent check for January 2006, I am writing this blog under what I pray is protection of Rent Stabilization Law. "What a great country," Luca says about his career in the United States. "Only in the Big Apple," says Vicki about this Web page.

[See the Brief for Appellants or our full story.
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New York, Oct. 28, 2005.

SLUMLORD
OUTED!!

Five days without heat or hot water while outdoor temperatures dropped below 45º. That's what we tenants of 500 West 140 Street, in the Sugar Hill section of Harlem, had to endure yesterday. Our slumlord was too cheap to pay for repairs to the boiler and for oil to burn in it.

Late yesterday evening through today, the inside heat had soared to over 83º F., and the water has been hot enough to scald. What happened to change the slumlord's mind?

When the heating season began, on October 1, Vicki and Casey began an hourly log with: the date and time; the Weather Service temperature reading in Central Park; our reading on a fifth floor window ledge; our indoor reading; and our comments, as on the heat of the water.

Upon acquiring the building in July of this year, the slumlord gave us tenants a phone number, (212)633-9985, with only voicemail boxes that were always full. Fortunately the slumlord included a fax number, (212)633-9986, possibly believing that it would be useless to us low-income tenants.

After the slumlord had failed to pay for boiler service for about three days, Casey and Vicki began hourly faxes, day and night, of our five- or six-page log to the slumlord, with choice comments on the cover page. Of course, the slumlord eventually pulled his fax plug, but he reconnected it often enough to allow our trusty faxmodem software to squeeze our documents in. (His underpaid employees, living in buildings like ours, were a big help to us too, although please don't reveal that to the slumlord.)

But wait, that's not all! The cold air and water lingered, despite our faxes. While we were faxing, taking time off from our work, we were using Net resources to research the slumlord, who had given us only the names of a couple of phony, unlisted front businesses, of a flunky gopher, called a "building manager," and of a building super. We uncovered the names of the real, (quasi-)human owners of 500 West 140 Street, their real business name, their real business phone number, and the home address and phone number of the head honcho.

Okay, we made a few phone calls to the slumlord's real phone numbers, identifying ourselves as his tenants.

"How did you get this number?" was the startled reply. We talked long enough to confirm the slumlord's status and the pronunciation of his real name.

Then the cover page to our 5 p.m. fax included the names of the head honcho and of the upscale suburban town in which he lives, no doubt with heat and hot water, and without hallways and stairwells full of human piss and shit, manic rodents, and threatening racist graffiti. We also produced a leaflet with the slumlord's private, unlisted (but no longer unpublished) data, and distributed the leaflet to our neighbors, who were delighted to get it and made good use of it.

Within two hours of our phone calls, latest fax, and leaflet, our radiators were blasting Saharan heat and the water was scalding.

We're sorry for posting the leaflet as a PDF file. We well know how much easier HTML is. But we're developing a web page for our co-tenants, on which we'll include all the information in the leaflet, as well as strategies for making the landlord get rid of the piss, shit, rats, and graffiti.

Hint: Painting the slumlord's private home number in big black letters in strategic places around our building should do wonders for the graffiti and be a big step toward achieving our other goals.

Skip-trace research on the slumlord: $30. Publishing the leaflet: $1.75. Heat, hot water, and the head honcho's humiliation: Priceless.

[See the Brief for Appellants or our full story.
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New York, Aug. 1, 2005.

THE LION IS A PUSSY!!

After over a year of silence by the lawyers for Columbia University, it appears that their barrage of about half a dozen nastygrams to Vicki amounted to no more than gratuitous harassment, with no legal or moral legs.

The law firm Toback, Hyman & Bernstein began dunning Vicki for almost $11,000 on March 12 last year. Variously adding the names of Vicki's domestic partner, Eileen Casey, and of Vicki's mother, the nastygrams included no accounting or justification for the claim, other than what the lawyers called our "legal and moral" obligation.

Actually the earliest nastygram arrived over two years after Columbia had severed all contact with Vicki by driving us out of our family home of seventy years. The dun therefore exceeded the statutory limitation on civil action for the friviolous financial damages the lawyers were alleging.

Scanning this blog, the reader will learn that, in 1997, Columbia first attempted to evict Vicki's 86-year-old mother, for seeking physical therapy for her crippling osteoporosis. Failing that, Columbia went after Vicki and Casey, who had moved in to care for our mother. The eviction mill Borah, Goldstein, Altschuler & Schwartz finally got us out five years later, in early 2002.

During the prolonged legal battle, our rent-controlled tribute to the landlord had been frozen by the courts as "use and occupancy," which we had dutifully paid every month to the lawyers. Perhaps Columbia's dunning was its belief that our eviction had retroactively increased the rent-controlled amount to the fair-market value. But the nastygrams offered no such explanation.

More likely, the nastygrams were the work of Elizabeth Baum, the low-level employee at the university's Office of Institutional Real Estate. Liz Baum, who, like Vicki, is a biking enthusiast, had initiated the evictions out of apparent conviction that no mother could love transgendered and lesbian daughters, and that even if she did, she deserved no better than suffering a stroke watching Baum's perjurious plotting to drive us into the streets.

Although Columbia is a remarkably advanced, diverse, tolerant New York refuge, Baum's colleagues in its Institutional Real Estate probably saw less stress in letting Baum stoop to her shrillish schemes than in striving to stop her.

We managed to escape living on the streets just hours before the marshals threatened to put us there. The nastygrams, lacking any legal grounds over two years later, seemed no more than Baum's way of telling us that she can find us no matter where we are.

Yesterday saw the end of Vicki's last power of two in years on this earth.

[See the Brief for Appellants or our full story.
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New York, Dec. 21, 2004.

WINTER SOLSTICE!!

May the light glow longer in our lives every day for the next six months!

[See the Brief for Appellants or our full story.
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New York, Aug. 1, 2004.

VICKI REACHES LAST
POWER OF TWO!!

That is, Vicki's last power of two in earthly years!

The event occurred exactly three years, to the second, after Vicki's dyslectic sweet sixteen.

In Vicki's first thirty-two years alive, she had six powers of two, including, of course, 20. Since then she has had only one more. That is additional evidence, if any be needed, that natural law, as well as computer science, favors the young.

This power of two is almost certainly Vicki's last.

Virtually all good writers nearly always protect themselves with, for the most part, typically cop-out modifiers, like "almost," "virtually," "nearly," in front of pretty much all-inclusive closely absolute terms, somewhat similar in quite a lot of debatably decisive ways to "You broke it, you bought it!"

[See the Brief for Appellants or our full story.
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New York, Mar. 12, 2004.

COLUMBIA STICKS
TO OUR ASS!!

Claiming we have a "legal and moral obligation" to pay something called "delinquent vacated rent arrears," two years, almost to the day, after our physical eviction, Columbia has just dunned us for $10,799.11.

What could that possibly mean? That our alleged rent arrears were vacated? Then what is the nastygram asking for? Or that we have to pay the landlord for calling the marshals to force us to the street? And what is the difference between "delinquent" arrears and the other kind?

The university claims certain rights as an "eleemosynary institution." That means Columbia has a "legal and moral obligation" to act in the public good and refrain from filing perjurious court pleadings to hound a peaceful, law-abiding 86-year-old woman to her cruel and tortured death.

The nastygram came from the law firm Toback, Hyman & Bernstein, which has represented Columbia, as a defendant, at least twice before the Appellate Division. Both were high-profile cases within the last four years. Therefore the dun is not merely from a skip-trace fishing in the court records and the tenant-blacklist agencies.

Landlords typically use this retaliatory tactic to put former tenants into the blacklist and ruin their credit. But why did Columbia wait so long?

With a term like "delinquent vacated rent arrears," this case falls well within the bailiwick of Borah, Goldstein, Altschuler & Schwartz, the law firm that handled our two evictions. When the last appeal was finally over, and we had nowhere else to go, except to the street, Jeffrey Metz, Esq., the final litigator for Borah Goldstein, confided in me that he took "no pleasure in winning this case."

Although the firm often goes after alleged arrears, it is my guess that Borah Goldstein had no desire to continue hounding me. Columbia had to shop around for a lawyer willing to take this spurious debt collection, but wanted a firm more respected than a high-volume skip-trace.

Winding up another case for Columbia on January 20, 2004, Toback Hyman agreed to go after us, perhaps to win points from a lucrative client. But the firm had never before handled a residential landlord-tenant matter, to Vicki's knowledge, and has only twice earier, as the firm Horowitz, Toback & Hyman in 1994 and 1996, represented a commercial landlord renting to a retail store.

By contrast, Borah Goldstein is locked into the New York landlord practice, even cited as an endorser of prominent candidates for city offices after having contributed generously to their campaigns. Borah Goldstein may prefer respectability and prominence to sucking up to deep-pocket clients.

Sent only to Vicki and her mother at our present street address, thankfully omitting Casey, the nastygram cites "your lease." There had been no lease for our apartment since 1960. Rent-control law takes precedence over the content of any lease or landlord-tenant contract. Therefore the initial rent-control lease is never renewed.

Our monthly rent-control payments were frozen, by court stipulation, as "use and occupancy" after the original eviction papers were filed in court. We paid that amount throughout our five years in Housing Court and appeals.

There is a saying among lawyers. "A lawsuit by the federal government is like a terminal disease: it's not over until you're dead."

Ditto for a suit by Columbia University.

[See the Brief for Appellants or our full story.
Scroll down for less recent developments.]

New York, Apr. 4, 2002.

YOU CAN'T GO
HOME AGAIN!!

Taking Thomas Wolfe's symbolism somewhat literally, Columbia University Institutional Real Estate has finally taught us that lesson in American letters. It happened exactly a month ago. The intervening time has been consumed by meditation on what we have learned.

We managed to escape the marshals with barely 12 hours to spare. The treasures of three generations, with the exception of the 20-odd volumes of a 1950s Britannica and a mildewed and water-logged set of 19th-century Russian texts, are virtually intact. We saved what's left of the Richman family only with the tireless professional help of the master mover Joël, (212)926-0823, and his two assistants, who transported five large rooms of fragile furniture, objects of oblique art, and hundreds of book cartons, with the delicacy, strength, and speed of a cat burglar.

In the deep recesses of our large and many former closets, did we find anything for Ebay or the Antiques Road Show? Not a chance. "All I have to leave you," said Vicki's mother before she died, "is this apartment."

We are now in Sugar Hill, once the home, hope, and heart of the Harlem Renaissance, but now a way station for young immigrants and inchoate intellectuals, as close to the Yuppie West Side as they're likely to get in a while. The only owner willing to rent to us has slumlord credentials including an arrest for bribing a building inspector and a tenants' lawsuit against such unsafe and unsanitary conditions as prostitution on the roof, urine in the hallways, and infested mattresses in the stairwells of a Bed-Stuy government-subsidized project .

Because Columbia booted us immediately after we lost the appeal, we had to move before our new home was ready for habitation. We had a radiator, a toilet, a pallet on the floor, nothing more. Our moving in and paying rent are no incentive for the landlord to stop work on vacant apartments long enough to finish the job in ours.

However, we are confident that our new landlord wants to lose the slumlord history, if only to capitalize on the early stages of the gentrification of Harlem. The landlord is using us blacklisted tenants as a source of income before the building is ready for renters who can afford to be choosers.