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Re: Nassau Town of Hempstead desk appearance ticket
by LL (ny)
on August 24, 2016 @23:05
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I just wanted to add that I think it's very unlikely tenant will appear in court as a witness.
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Re: Nassau Town of Hempstead desk appearance ticket
by MrDan (GA)
on August 26, 2016 @00:32
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The only thing that will happen on the date scheduled is your arraignment is that you are formally presented with the charges against you. You enter your plea of not guilty, and the judge determines whether or not bail is necessary to make sure you will continue to come back to court.
There will be no witnesses. There will be no evidence. There are no determinations of guilt or innocence unless you are able to work out an agreement with the assistant district attorney right there and then. There will not be a trial. After the first date, the case will be sent to the regular criminal courtrooms and join all the other criminal cases
The fines for having an illegal or non permitted rental unit in The Town of Hempstead is;
By a fine of not less than $1,000 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
By a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second offense.
By a fine of not less than $10,000 nor more than $20,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offense of a series of offenses, all of which were committed within a period of five years
Each week's continued violation shall constitute a separate additional violation.
Even if the tenants have vacated, you are facing criminal charges brought against you by the Town of Hempsted.
The landlord or owner can also face the expense of all cost for the tenant vacating the illegal rental unit.
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Re: Nassau Town of Hempstead desk appearance ticket
by LL (NY)
on August 26, 2016 @14:49
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That's not what the building inspector just told me. We made an appointment for him to come back and re-inspect about a week before the desk appearance date. He said he will tell the court everything has been corrected (assuming it is) and that I may or may not still face a fine. He also told me in detail what I need to do to cure.
Tenant's long gone so that's not a concern.
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Re: Nassau Town of Hempstead desk appearance ticket
by Anonymous
on August 26, 2016 @21:46
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Are you saying the building inspector told you did not have to appear in criminal court on arraignment? If it was only violations, you would have gotten a citation. Receiving a desk appearance ticket is a lot more serious charge. Relying on the advice of a building inspector instead of legal council seems like another poor judgement on your part.
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Re: Nassau Town of Hempstead desk appearance ticket
by LL (NY)
on August 26, 2016 @15:11
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I was just discussing this with someone and I think the confusion here is that this can be a violation or a misdemeanor. All three are violations - they chose not to make it a misdemeanor.
I intend to go in a plead guilty to the violations, have proof from the very same inspector that the issues have been cured to his satisfaction, and see if they decide to fine me or not.
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Re: Nassau Town of Hempstead desk appearance ticket
by vic (NY)
on January 21, 2018 @20:46
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Well you have rights not to let them in or on. If somebody complained they need to prove it 50 /50. but if the statute of limitations has past its just like any other civil case.
This is not criminal its the town rules which are civil.
they use the criminal court.
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Re: Nassau Town of Hempstead desk appearance ticket
by victor diablo (NY)
on January 21, 2018 @20:43
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The law is not balanced therefor smaller depts should not be entitled to enforce minor incidents. Find your legislator and congress person to complain about landlord rights to make better laws and allow renting in certain locations. NY governor is asleep! does nothing unless you tell him. He's half awake and the other half is counting his foundation aspirations...so dont rely on it unless you order them. The township in particular TOH is defiled and certain people have jobs who are related to each but have changed their names to hide it. Look up the homeowners taxes to find the culprits of corruption and turn them in . its a battle of the multitude thats the community, against a few who try to keep power, dont trust the town attys at the court, they are no good bad people to lose job asap
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