Brooklyn, NY asked in Civil Rights, Landlord - Tenant and Municipal Law for New York

Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction

The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate unless I provide the list of the squatters inventory that needs to be stored. The warrant of eviction is thus stalled for the last 2 months.

2 Lawyer Answers
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken.

First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including your interactions with storage companies. This documentation can serve as evidence of your efforts to fulfill the conditions and the difficulties encountered.

Next, consider reaching out to the sheriff's office or the department overseeing evictions to discuss the issue. Explain the challenges you're facing in obtaining the required storage receipt and seek clarification or a possible modification of the conditions.

If this approach doesn't yield results, legal action may be necessary. You can consult with an attorney to explore filing a motion in the court that issued the eviction order, seeking intervention due to the unreasonable conditions imposed by the sheriff. The court may provide guidance or order a modification of the conditions to facilitate the eviction process.

Remember, the legal system is designed to ensure fairness and reasonableness in its processes. If you believe that the conditions set by the sheriff are unjust or unfeasible, it's important to seek legal recourse to address these issues and move forward with the eviction.

Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Landlord:

I guess that is one of the problems with using the NYC Sheriff [] instead of using an NYC Marshal. The NYC Marshal's rules for conducting eviction are contained within The Marshal's Handbook, and the NYC Department of Investigation supervises the Marshals. On a full eviction, the Marshal prepares an inventory of the contents of the apartment, and the mover hired by the landlord takes the removed property to the mover's warehouse. You work out your arrangements with the movers. Not the NYC Marshal.

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