Klosed Properties of New York has a tenant that no landlord would want. Thanks to New York law, he can stay in what Klosed plans to be a 52-unit apartment building (it operated as an illegal hotel before Klosed bought it for $15.5 million in 2021) in Manhattan. Sixty-four-year-old Eric Abrams has lived in the building for 21 years and refuses to leave as the building transforms around him.
He lives on the fifth of seven stories. Abrams’ home is a small, cluttered room with space heaters and cockroaches. A city housing program pays $2,015 monthly for this space, according to the New York Times. He was one of five single-room occupancy tenants when Klosed bought the property. There are only two left. The other has moved within the building thanks to an agreement with Klosed.
Three Years and No Progress
The company has tried and failed to relocate him for three years as the building is overhauled. He has ignored or rejected every proposal, so the company works around him. The upgrades include an elevator big enough to accommodate an ambulance stretcher. The current one is out of service, so a temporary staircase was built for Mr. Abrams.
The company sued Abrams twice, with one lawsuit seeking access to his unit for repairs, with the threat of eviction if he didn’t comply. He counter-sued. All three cases are pending. This landlord-tenant irresistible force meeting the immovable object situation exists because when owners want to renovate or demolish a building, there’s nothing in New York law to force a tenant’s cooperation. Given the lack of leverage, some tenants demand high payouts in exchange for compliance. In the past, Abrams sought $2.5 million from Klosed, and they offered him $500,000.
A Lot of Neediness
After the purchase, Klosed tried to work with the former catering chef and tenant activist. “I was transparent from the beginning about what my issues were. I carry a lot of neediness,” says Abrams. Court filings state that he has “significant physical, mental, and emotional challenges which impair his cognitive abilities and decision-making processes.”
Due to his lack of cooperation, Abrams’ past attorney from a legal aid agency stopped representing him. He suggested a guardian be appointed to make decisions for Abrams.
Klosed states it’s offered Abrams the following if he left:
- A hotel room and a $15-a-day meal stipend
- A makeshift one-bedroom unit on the ground floor of the building
- A few “objectively superior” one-bedroom units in other Klosed properties where he could live rent-free
- The ability to return to his original and upgraded unit after the work is complete
Needed changes to accommodate Abrams’ mobility issues include the following:
- The entrance between the bedroom and bathroom would have 36 inches of clearance
- A curbless shower with grab bars
- An automated apartment door
- A wheelchair ramp and automated doors at the building’s front entrance
Abrams failed to respond to or declined each offer. In court papers, Klosed Properties states Abrams “simply refused to move.” Given the construction-zone conditions and Abrams’ physical limitations, a fire in the building could kill him.
What’s Next?
Abrams’ current attorney’s goals are temporary repairs for his safety, compensation to fit his needs, and assistance to move. Given his mental and physical conditions, moving is a harrowing prospect, but his living conditions are life-threatening. Abrams claims he doesn’t want “to be forced into decisions under duress,” and he wants to live his final days with dignity.
If Klosed offers a fully handicapped-accessible unit, Abrams has admitted he is willing to move. His attorney said, “It’s a complex negotiation.”
Could this Happen in California?
The state’s Tenant Protection Act (TPA) requires “just cause” for evictions, which can be the following:
- Demolition
- Substantial remodeling
- Compliance with a law, government, or court order
These “just cause” eviction requirements don’t apply to tenants who have lived in their unit for less than
one year. The TPA also doesn’t apply to certain specific types of housing, such as housing built in the last 15 years.
Unlike New York law, a tenant could be evicted if the renovation is substantial enough. However, if the issue is litigated, like Abrams, a motivated tenant with an attorney may, depending on the situation, be able to delay and complicate the proceedings.
We’re Here to Help
If you have questions about renovating a unit, the eviction process, and how to make it go as smoothly as possible, call the AWB Law PC team at (949) 244-4207 or fill out our online contact form today. We can discuss your situation, how California laws may apply, and how we can help.
