David L. Moss and Associates will now provide no-charge case evaluation to landlords in NYC for Article 81 Guardianship Proceedings. Landlords require strong representation in Article 81 proceedings to safeguard their interests and this law firm, leveraging its extensive experience in housing court matters.
“Article 81 of Mental Hygiene Law allows the New York City Department of Social Services or the tenant’s representative to commence proceedings in the Supreme Court requesting appointment of a guardian of the tenant and their property. The proceedings can be filed when the tenant is said to be incapable of representing their own interests,” said a senior lawyer with the firm.
The court order appointing a guardian for the tenant will stay any pending litigation the landlord is fighting with the tenant. Moreover, the landlord would require the court approval for any further actions. A seasoned attorney would represent the landlord to get for them the benefits they are entitled to as result of the landlord-tenant relationship including the payment of rent and ultimately repossession of the property if the tenant lacks the ability to continue to reside there.
Article 81 Guardianship Proceedings are complex civil litigation requiring clinical efficiency on the part of the law firm. As the senior lawyer commented, “Guardianship matters can be highly litigious. When the court is likely to grant the guardian to the tenant, the issue can be powers granted by the court to the guardian. Our lawyers work to bring the other perspective on the matter to the court.”
David L. Moss and Associates has years of experience representing all parties in guardianship proceedings, that enables them to handle the knotty situation. Whether the alleged incapacitated person is facing genuine psychiatric issues or they have fraudulently claimed to be on to keep the property under their possession, the law firm can assist them.
Full Article and Source:
David L. Moss and Associates Extends No-Cost Case Valuation to Article 81 Guardianship Proceedings
21 comments:
These are landlord lawyers
AND specialists in Guardianship?
Bad Combo!
Guardianship is often used to evict long standing tenants in rent controlled apartments in NY so the owners can raise the price to new tenants.
Guardianship is often used to evict long standing tenants in rent controlled apartments in NY so the owners can raise the price to new tenants.
Thank you for this post, NASGA. People need to be aware of what to look out for and this whole concept of inviting guardianship proceedings in landlord/tenant cases is revolting.
It looks to me like this lawyer David L. Moss has found a way to profit in the guardianship racket.
Too bad.
I'm glad you posted this, NASGA, as I didn't know this is an ongoing problem in NY and I suppose in the other really big cities too.
Beware.
Warning to Renters: Hoarding is a reason to be conserved / guardianized. If I lived in a NY apartment I would be stuffed to the rafters with stuff. Headhunters scouts everywhere. This firm is using FREE services to bring them in - reminds me of a cattle drive. I imagine this example of predatory marketing for quick list of prospective wards will be picked up in other jurisdictions a warning to all who rent: predators and their prey.
Here we go, a perfect example. Guardianship was created to protect incapacitated people, not for landlords to use against them. I am shocked this is allowed.
I agree with Sylvia. Hoarders beware - it's a new form of "incapacity." And here's a law firm that can't wait to have you evicted.
And we must wonder which of the tag teams will be appointed in these grievous cases and what's in it for the headhunters?
Guarantee you there is a kickback finders fee commission call it what you want maybe free legal services for life - think it doesn't happen? Think again.
And we have proof of another headhunting scheme are you ready?
MEALS ON WHEELS
Headhunters and scouts and they do get significant kickbacks. One case in particular comes to mind: the daughter was at her Mom's house when the meals arrived. The daughter was shocked when discussion of guardianship was brought up by meal delivery person and then daughter saw the delivery person's vehicle - pricey new shiny Hummer - delivery person told daughter her commission from lawyer paid for it.......so there you have it and we located guardianship lawyers as volunteers on MEALS ON WHEELS websites .......now how handy is that? Know this predators are everywhere laying in wait.
Isn't this what happened to the postman, Murray Fiengold?
I remember NASGA Member Murray Feingold - wasn't his wife guardianized also?:
"I am old enough to retire. I have been a Postal worker for over forty years. I hold a full time position earning approximately $50,000 a year, in addition to working extensive overtime.
I was happy for all those years until I was introduced to the judicial system in 2000. The landlord of the building I had been living in for the prior ten years refused to make what I considered necessary repairs, so I resorted to self help and withheld a portion of the rent. The apartment that I was living in was rent controlled, so it is easy to understand why the landlord decided to start eviction proceedings.
Instead of eviction, I was placed under guardianship by Hon. Anthony Cutrona, Justice of the Supreme Court in Kings County, Brooklyn, NY in March of 2001 in order to “protect” me.
This is when my life turned into a nightmare. When a guardian is appointed for a person, all their civil rights are lost. I could no longer control my own money. The court ordered that all of my salary, including all overtime pay, must be sent to the guardian, a company ironically called Self Help Community Services, Inc. Each week, the guardian returns a total of $325 which my wife and I are expected to live on.
I am in dire need of dental work, but when the bill became five hundred dollars, the guardian would no longer pay it.
My hearing loss is having a negative effect at my job (I am totally deaf in one ear and partially deaf in the other), but when I ordered hearing aids, the guardian cancelled my personal check. My co-workers find it annoying because they have to constantly repeat instructions because I can’t hear them when they speak. Sometimes people mistake my loudness for aggressiveness.
I have made my problem known to many agencies in New York, have contacted and emailed the first lady, Oprah Winfrey, etc. and has been told that they can not help me."
Watch Murray Fiengold on YouTube: Elder Abuse or Slavery?
http://stopguardianabuse.org/murrayfeingold.htm
This is tragic, one more discriminatory practice towards the alleged disabled.
I've never heard of this and it makes me sick.
This is absolutely disgraceful! All NASGA members need to write a letter to this law firm and let David Moss know exactly what we think about him. New Yorkers need to be warned about what he is doing! We need to get warnings out as soon as possible! What a disgrace!
Dear Mr. Moss,
I just read an article about how you and your law firm will now provide "no-charge case evaluation to landlords in NYC for Article 81 Guardianship Proceedings for landlords. "
To say I was sickened is putting it mildly. As a lawyer, I know you are well aware of how guardianship destroys people's lives. It takes away their rights, their freedom, their estates, their right to vote, their right to marry; everything you, as an officer of the law, should be protecting.
I applied for guardianship to protect my mother from my siblings, who wanted to sell her home and put her in a nursing home. I promised her that would never happen. I was completely unaware of the corruption in our judicial system when I innocently went to court to try to protect her. A stranger was appointed by the court and in a little over two years, she systematically destroyed her life. She kidnapped my Mom, imprisoned her in a nursing home and left her penniless. My beautiful mother died two months later from the stress, frightened to death that she would never be free again.
Do you honestly believe one person should have control over another person's life, telling them what to do, where to live, what to eat, who they can visit? Do you honestly believe that this is God's will? do you honestly believe that one individual should be given the right to steal someone's possessions and every dollar to their name? Would you like to be guardianized, Mr. Moss? Would you like someone to do that to your mother, your daughter, your son, your friends? Guardianship abuse is all about power and greed, a way to make money by stealing it from an innocent human being.
Please see my facebook page, SAVE Dorothy Wilson Legally Kidnapped, and feel free to peruse my website I created in honor of my mother, http://judicialdestructionofdorothy.wordpress.com/ and read the horror stories of lives destroyed by guardianship. Please be sure to read the comments posted under your PR story, http://nasga-stopguardianabuse.blogspot.com/2014/01/david-l-moss-and-associates-extends-no.html.
I do hope you will rethink what you are doing. I do hope your conscience will bother you enough to stop you from destroying innocent people's lives.
Sincerely,
Diane Wilson
NASGA Member
Daughter of Dorothy Wilson
Excellent Diane, giving your mother Dorothy Wilson a voice, you are your mother's forever voice.
We need to continue to work 365 days a year exposing the dirty tricks, the tricksters all with $$$$ as their motive.
David l moss sounds like a man who has no soul. Please let us know how he can be contacted and what else we can do to expose him ... you should make a wall of shame and add him to the list..
That a supposed human being would counsel landlords how to take advantage of senior souls & oust them from their home makes me want to vomit to be honest. This puts this scum right up there with those individuals that robbed Dorothy Wilson of her dignity & eventually her life & robbed her family of her loving presense.
This is worse than ambulance chasing. These lawyers? are headhunters, who knowingly and intentionally inflict damage on their victims.
Dear Mr. Moss,
I concur with Diane Wilson. How can this be acceptable? Seems to me this is another loop in the law to exploit the incompetent by practicing and promoting bad law that was designed to protect. I too lost my husband to the county and he has lost all his rights and as of late has not seen his wife since July 3, 2013. How does walking all over some ones rights make you feel?
S 81.01 Legislative findings and purpose.
The legislature hereby finds that the needs of persons with incapacities are as diverse and complex as they are unique to the individual. The current system of conservatorship and committee does not provide the necessary flexibility to meet these needs. Conservatorship which traditionally compromises a person`s rights only with respect to property frequently is insufficient to provide necessary relief. On the other hand, a committee, with its judicial finding of incompetence and the accompanying stigma and loss of civil rights, traditionally involves a deprivation that is often excessive and unnecessary. Moreover, certain persons require some form of assistance in meeting their personal and property management needs but do not require either of these drastic remedies. The legislature finds that it is desirable for and beneficial to persons with incapacities to make available to them the least restrictive form of intervention which assists them in meeting their needs but, at the same time, permits them to exercise the independence and self-determination of which they are
> capable. The legislature declares that it is the purpose of this act to promote the public welfare by establishing a guardianship system which is appropriate to satisfy either personal or property management needs of an incapacitated person in a manner tailored to the individual needs of that person, which takes in account the personal wishes, preferences and desires of the person, and which affords the person the greatest amount of independence and self-determination and participation in all the decisions affecting such person`s life.
Have you read the legislative findings and are you going to follow the law?
Regards,
Sara Harvey
Wife of victim Gary Harvey NY
Post a Comment