disabled & non-payment of rent

[LOLLYBIRD]

My brother has become temporarily totally disabled from an accident at work. Worker's comp pay being less than his normal salary, he is now, at least until his injury has healed, unable to pay the full rent. He has no where else to go, and cannot move, since he is badly injured. What should he do?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LOLLYBIRD:
My brother has become temporarily totally disabled from an accident at work. Worker's comp pay being less than his normal salary, he is now, at least until his injury has healed, unable to pay the full rent. He has no where else to go, and cannot move, since he is badly injured. What should he do?<HR></BLOCKQUOTE>

Contact the landlord and explain the circumstances. Be prepared to provide copies of the doctors note and the work comp insurance letter.

 

[PETER]

Apply for welfare....that could stall any evcition proceedings,....Most judges are fair and will try and work out things with the landlord under very extreme circumstances.

Does he have a lawyer for his workers comp claims? Your lawyer should contact the landlord and work things out before he gets eviction papers... such as the landlord will have a lien for the accumlated rent, against any settlement he gets...

Especially if he is bedridden or wheelchar bound...

.........


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LOLLYBIRD:
My brother has become temporarily totally disabled from an accident at work. Worker's comp pay being less than his normal salary, he is now, at least until his injury has healed, unable to pay the full rent. He has no where else to go, and cannot move, since he is badly injured. What should he do?<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by PETER:
Apply for welfare....that could stall any evcition proceedings,....Most judges are fair and will try and work out things with the landlord under very extreme circumstances.

Does he have a lawyer for his workers comp claims? Your lawyer should contact the landlord and work things out before he gets eviction papers... such as the landlord will have a lien for the accumlated rent, against any settlement he gets...

Especially if he is bedridden or wheelchar bound...

.........


<HR></BLOCKQUOTE>

Peter, how could the tenants application of welfare stall an eviction proceeding? There is no legal jurisdiction that the welfare office would have over this civil court case. It would be the same as saying that if the tenant applied for unemployment insurance, Section 8, food stamps or Social Security benefits, those applications could stall an eviction action.

I understand that you are alluding to pleading a case of hardship in front of an understanding judge.

 

[peter]

Here in NYC a landlord cannot evict a tenant if the welfare rent allowance or section 8 money has not been paid...

Call it beauracracy, as long as the tenant pays their share of the rent ON TIME, then the landlord cannot evict as long as they are approved for welfare or sec 8, or subsidized housing, now if the tenant didnt pay their share of the rent they can be evicted.

Which is fair!

.......................

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Peter, how could the tenants application of welfare stall an eviction proceeding? There is no legal jurisdiction that the welfare office would have over this civil court case. It would be the same as saying that if the tenant applied for unemployment insurance, Section 8, food stamps or Social Security benefits, those applications could stall an eviction action.

I understand that you are alluding to pleading a case of hardship in front of an understanding judge.<HR></BLOCKQUOTE>