Landlord's Funds Confiscated After Building Violations Conviction

February 1, 2009

LVT Number: #21007

Landlord pleaded guilty in 2006 to numerous building code violations. The court entered a money judgment against landlord for $50,000 and imposed a civil penalty for another $50,000. As a result of the violations, over 80 tenants had to vacate apartments deemed unsafe and uninhabitable. Landlord later asked the court to vacate the money judgment. He claimed that the funds confiscated from his bank account by the City of Mount Vernon were his Social Security funds and his only means of support. Landlord knowingly and voluntarily entered a guilty plea without any fraud or duress.

Landlord pleaded guilty in 2006 to numerous building code violations. The court entered a money judgment against landlord for $50,000 and imposed a civil penalty for another $50,000. As a result of the violations, over 80 tenants had to vacate apartments deemed unsafe and uninhabitable. Landlord later asked the court to vacate the money judgment. He claimed that the funds confiscated from his bank account by the City of Mount Vernon were his Social Security funds and his only means of support. Landlord knowingly and voluntarily entered a guilty plea without any fraud or duress. The judgment was valid. However, Social Security funds aren't subject to collection on a judgment. The court ordered a hearing to determine the source of the money that the city had confiscated from landlord. Landlord must present proof that the funds taken were exempt.

People v. Douglas: 22 Misc.3d 1103(A), 2009 WL 32677 (City Ct. Mt. Vernon)

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