Re: who can help me?? - Landlord Forum thread 217352

Re: who can help me?? by Cathy B (NYC) on February 8, 2011 @13:38

Mr. or Ms. Xxx,

We all thank you for your nice help here for the poor Larry, and this is really the kind of assistant he needs right now. All we landlords thank you! Regarding the case of a lady landlord who just lost $400,000 to the tenants, do you have any idea why the judgment came out quickly when in fact the tenants were only lived there shortly in 2008? Thank you!

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Re: who can help me?? by ERIC on February 8, 2011 @14:14

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The reason the LL lost was simple. They did not show up. You lose when you do not show. It doesn't matter if it's a lead paint issue, or an eviction.

"The youngsters and Ms. Hussein had obtained a default judgment against Ms. Ovili, who failed to answer the allegations or appear in court for any of the proceedings, said Bush."

http://www.silive.com/northshore/index.ssf/2011/02/400g_for_staten_island_brother.html

It is extremely hard to prove lead paint poisoning. http://www.civilrights.com/defective-products/poisoning-from-lead-paint

The typical, and often successful, defense strategy is to argue that a lead-poisoned child’s mental deficits and behavioral problems are due to “environmental” factors the fact that the family is not intact, that the single mother head-of-household is a drug addict, or that the house is occupied by lots of other children and unemployed adults all of which create a chaotic home environment allowing little “quality time” for the child in question.

If the family has moved three or four times within the time period in which the poisoning occurred, the case against any one landlord becomes more complex to make.

All these factors, combined, dilute any claim filed on behalf of a poisoned and damaged child. In my (the author) experience, the airtight Lead-Paint poisoning case simply doesn’t exist.

Re: who can help me?? by ROWYKKEA (NEW YORK) on January 20, 2015 @17:47	[ Reply ]

This women who owns buildings still has not gave me or my children one dime. Mr Bush says there is nothing I can do but hire a investigator to find her money what do I do when I do not have anything

Re: who can help me?? by OK-LL on February 8, 2011 @14:16	[ Reply ]

The most likely answer is that the LL had knowledge of lead during or before tenant's occupancy and did not remediate it or provide the required disclaimer/warning. If a LL has no knowledge and provides the information packet and disclaimer/warning required by law, they will not be held responsible.

Re: who can help me?? by OK-LL on February 8, 2011 @14:18	[ Reply ]

After reading the article and Eric's response, Eric's explanation is probably correct -- you can't win if you don't show up.

Re: who can help me?? by ERIC on February 8, 2011 @17:08	[ Reply ]

Even more I believe the poster is a fraud.

Pepsi Lawsuit 1.2 Billion Default Award Same Thing by ERIC on February 8, 2011 @17:29	[ Reply ]

Pepsi had the same thing happen, so, it isn't a done deal until it's a done deal... Charles Joyce and James Voigt won a $1.26 billion judgment against PepsiCo after alleging that the company had stolen their idea for selling purified water to create Aquafina.[17] This judgment was vacated on November 6, 2009, when it was discovered that PepsiCo had failed to respond to the lawsuit due to a misplacement of the paperwork.

Re: who can help me?? by xxx on February 8, 2011 @17:38

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that's Sir XXX to you

reading the article, the owner lost, and lost quickly, because she did not answer any of the allegations, and did not show up for court

it could be that the property is underwater and the owner is insolvent, so did not care if there was a judgment against her, but probably she is just an possibly uninformed

the owners were cited for lead paint in May and did nothing about it, which is pretty stupid; you have to deal with things like that promptly to minimize any damage, then argue the lead poisoning is from the tenant's many other recent residences

you have to take things like this seriously

note that it appears that the lead poisoning goes a generation or two back: the kids are named Tyrife and Tymell, and the mother's name is Rowkkyea