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CandJNYC

Junior Member
What is the name of your state (only U.S. law)? NY

Last Monday, at approx. 4pm, my husband arrived at our apartment to find hte door crow-barred open. Not knowing what happened and assuming we'd been robbed, her called the police. Since our call was not urgent ( no one was in immediate danger as the operator told him), no one came out until his fourth call at 8pm. When police finally arrived, they looked at the door and said it looked like the fire departments work. They radio'd in somewhere and it ws confirmed that indeed the FD had been the ones who popped the locks and crow-barred into our apt. We wanted a police report filed, they would not complete one. We wanted one because the locksmith working with our management company did not want to repair our door without there first being a report but the police wouldn't file one. Our door would not close or lock and by this time it was 9pm. So the locksmith repaired the popped lock sufficient enough to lock the door.

On Thursday, I called the NYC FDNY command center and was told that if an apt is entered and no one is home, the police are called to guard the apt until someone gets home or the apt is padlocked with a notice from the dept. We didn't have either done.

On Friday, I went to the Brooklyn FD command center and obtained a report on the call to our apt. There was apparently an odor of gas coming from our apt. It says they entered, found the stove on but not lit, ventilated, secured the apt and contacted other agencies. While at the FD getting the report, I asked the gentleman at the window why they'd leave the apt unguarded, open with our pets and valuables exposed. Why they didn't leave any notification. He wouldn't answer me and got really defensive. I asked him what "contacting other agencies" meant and he told me to speak to my lawyer about it, backed away from the window and wouldn't talk to me anymore.:mad:

My question is this:

Why wasn't our apt protected after they left? We have pets and valuables. We have no idea who was in the apt after they left. Some of our stuff was looked through but we're not sure if it was the FD or what. What other agencies are contacted in such a situation? How can they come into your home and then just leave it open? I respect they're duty and work but this is our home...this is our life.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NY

Last Monday, at approx. 4pm, my husband arrived at our apartment to find hte door crow-barred open. Not knowing what happened and assuming we'd been robbed, her called the police. Since our call was not urgent ( no one was in immediate danger as the operator told him), no one came out until his fourth call at 8pm. When police finally arrived, they looked at the door and said it looked like the fire departments work. They radio'd in somewhere and it ws confirmed that indeed the FD had been the ones who popped the locks and crow-barred into our apt. We wanted a police report filed, they would not complete one. We wanted one because the locksmith working with our management company did not want to repair our door without there first being a report but the police wouldn't file one. Our door would not close or lock and by this time it was 9pm. So the locksmith repaired the popped lock sufficient enough to lock the door.

On Thursday, I called the NYC FDNY command center and was told that if an apt is entered and no one is home, the police are called to guard the apt until someone gets home or the apt is padlocked with a notice from the dept. We didn't have either done.

On Friday, I went to the Brooklyn FD command center and obtained a report on the call to our apt. There was apparently an odor of gas coming from our apt. It says they entered, found the stove on but not lit, ventilated, secured the apt and contacted other agencies. While at the FD getting the report, I asked the gentleman at the window why they'd leave the apt unguarded, open with our pets and valuables exposed. Why they didn't leave any notification. He wouldn't answer me and got really defensive. I asked him what "contacting other agencies" meant and he told me to speak to my lawyer about it, backed away from the window and wouldn't talk to me anymore.:mad:

My question is this:

Why wasn't our apt protected after they left? We have pets and valuables. We have no idea who was in the apt after they left. Some of our stuff was looked through but we're not sure if it was the FD or what. What other agencies are contacted in such a situation? How can they come into your home and then just leave it open? I respect they're duty and work but this is our home...this is our life.


May I ask how the police are meant to know whether or not any particular apartment has been broken into?
 

CandJNYC

Junior Member
Well, when I spoke to the NYC Fire Dept command center, they told me when an apt is entered and no one is home, the FD contact the police if they cannot secure the door. My door was not secured, was not padlocked, bldg mgmt was not informed - door was left swinging open without any idea of who was in our apt or what they did. Police were not contacted to my address until my husband came home and assumed our home was broken into.
 

Proserpina

Senior Member
Well, when I spoke to the NYC Fire Dept command center, they told me when an apt is entered and no one is home, the FD contact the police if they cannot secure the door. My door was not secured, was not padlocked, bldg mgmt was not informed - door was left swinging open without any idea of who was in our apt or what they did. Police were not contacted to my address until my husband came home and assumed our home was broken into.

Let me rephrase.

Do you have a security system? Is this a controlled access building?

How are the authorities meant to know if your apartment has been entered or not, and how are they meant to know if someone is present?
 

CdwJava

Senior Member
The fire department should have a record of a request being made to call the police. Fire dispatch should also have a record of any call to the PD being put in. If a call was made, the PD should have a record of the call if it went through their dispatch center. It could be that the call was never made.

About all you can do at this point is complain to the fire department and hope that it never happens again.

In a large bureaucracy it is quite possible you may never find out exactly what happened.
 

CandJNYC

Junior Member
It is the FD that is telling us that upon forcefully entering an apt and seeing there is no one home, they contact the police if they cannot secure the door; therefore, why were the police not contacted? The apt door was not secure. Since the FD did not contact the police, who are the "other agencies" listed as being contacted on the fire report.

no security system and yes, controlled access.

how can the FD leave an apt unguarded with pets inside and the door wide open and walk away from it without leaving any type of info on their having been there, what they did, why they decided to leave it unguarded without contacting police, building mgmt?

Am I nuts?
 

AlexB18

Member
It is the FD that is telling us that upon forcefully entering an apt and seeing there is no one home, they contact the police if they cannot secure the door; therefore, why were the police not contacted? The apt door was not secure. Since the FD did not contact the police, who are the "other agencies" listed as being contacted on the fire report.

no security system and yes, controlled access.

how can the FD leave an apt unguarded with pets inside and the door wide open and walk away from it without leaving any type of info on their having been there, what they did, why they decided to leave it unguarded without contacting police, building mgmt?

Am I nuts?
This is definitely not civil rights... well, unless you hire a team of Manhattanite lawyers to write up some paper-thin arguments and then get yelled at by a judge. Your best bet is to file an administrative complaint with someone at city hall that oversees some of this stuff... no clue what hierarchy they've got in NYC but go explain this as simply as possible to someone that can direct you to the right counter... to someone outside FDNY or even higher up in FDNY that gives a crap. It doesn't sound like you have any damages but that you're more concerned about this not happening again. Take a deep breath, write an objective, concise complaint with relevant documents attached to the right person, and put it behind you.
 

CandJNYC

Junior Member
Thanks so much for the replies. What would this fall under categorically?

I have begun the complaint process but looks like it'll fall on deaf ears.

This is insane.

Thanks again to you all.
 

tranquility

Senior Member
What are you looking for?

Sorry about your panties in a bunch and everything, but, while it seems they didn't fulfill what they have as their guideline, how were you hurt?

Myself, I would think posting a police guard is a pretty expensive way to handle the situation, but maybe NY has a bunch of money to waste. I don't think a government agency has any duty to do so in a situation like this.
 

CdwJava

Senior Member
It is the FD that is telling us that upon forcefully entering an apt and seeing there is no one home, they contact the police if they cannot secure the door; therefore, why were the police not contacted? The apt door was not secure. Since the FD did not contact the police, who are the "other agencies" listed as being contacted on the fire report.

no security system and yes, controlled access.

how can the FD leave an apt unguarded with pets inside and the door wide open and walk away from it without leaving any type of info on their having been there, what they did, why they decided to leave it unguarded without contacting police, building mgmt?

Am I nuts?
If they have a record of a call being made to the police, great. if they don't, then they don't. All because it is common practice or even policy to call the police when they make entry does not mean that the police were actually called or that the police ever responded.

Again, other than a complaint to the fire department, you have little recourse. What, exactly, do you want to do?

The police are not going to be obligated to guard your door. The fire department might adopt some liability if they leave your door unbarred without at least notifying management. But, since there appears to be no loss or other damage as a result, other than a complaint you appear to have no recourse.
 

Zigner

Senior Member, Non-Attorney
I wonder if the OP had the common decency to THANK the FD for possibly preventing a massive explosion caused by the OP's negligence.
 

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