Q&A
Council Member Nurse questions NYPD on illegal evictions and desk appearance tickets
1:08:21
·
3 min
Council Member Sandy Nurse inquires about the NYPD's handling of illegal evictions and the issuance of desk appearance tickets, citing a 2022 report that found discrepancies between NYPD practices and their patrol guide. Josh Levin from NYPD responds, promising to follow up with requested data and explaining the department's approach to officer training and decision-making.
- Nurse highlights concerns about lack of accountability for landlords who illegally evict tenants
- Levin commits to providing data on desk appearance tickets issued in 2023 and 2024
- Discussion touches on the balance between clear guidelines and allowing officers to use judgment in determining probable cause
Sandy Nurse
1:08:21
I had a quick follow-up for the NYPD.
1:08:26
A story that the city did in 2022, around illegal evictions and kind of the crisis that was was growing, found that the PD was issuing were issuing desk appearance tickets, despite the patrol guide explicitly saying not to.
1:08:45
So I'll just read the the little expert.
1:08:47
It's very short or excerpt.
1:08:49
The NYPD made just 39 arrests for the crime of unlawful eviction in 2020 and 2021 when that crime was the top charge listed at arraignment according to state court data.
1:09:03
The city's district attorneys have disclosed a dozen other cases in that time where landlords were charged with unlawful eviction in combination with other charges such as assault.
1:09:13
Many of the arrests led to desk appearance tickets, which allowed defendants to come back to court later even though the NYPD patrol guide explicit expressly prohibits issuing, the tickets for unlawful evictions.
1:09:29
So I wanted to know, or if not today in the follow-up, if you could give us, data on how many DATs have been issued in 2024 and 2023 also.
1:09:44
Just because, you know, it in my experience again, and I've been to a bunch of these before being here, but even in being here is that, you know and look, I certainly am not interested in having a bunch of people arrested, but I think when when you have a situation where a landlord isn't has done has broken the law and put people out on the street and people now have to figure out what they're gonna do for the night and what to do with their belongings.
1:10:14
It doesn't seem like there's ever any accountability on the day of, which is clearly not what the patrol guide would show.
1:10:24
And in the absence of, and I apologize if checklist maybe, if checklist, kind of made it seem like we're looking for something overly burdensome, but in the absence of like a clear set of factors and thresholds and conditions being met to determine if something was if there was an unlawful eviction or not, it just feels like people are just getting away with it.
1:10:49
And by the way, most times they don't even get back because they they've they've spent now the rest of their time figuring out where they're gonna live in an emergency situation.
1:10:58
The courts are slow and backed up.
1:11:00
They don't rule in time to get people back in the house.
1:11:03
And so an officer not taking action that day can render someone homeless.
1:11:11
And so if you all are issuing desk appearance tickets versus arrests, it seems like the patrol guide is not being followed, or maybe it needs a refresher.
Josh Levin
1:11:24
Yeah.
1:11:24
I'm unfamiliar with the article.
1:11:26
I'll check it out myself as well.
1:11:27
I'll follow-up with that information you asked, 23/24 DATs issued for unlawful eviction.
1:11:32
Right?
1:11:32
I got that right?
Sarah Parker
1:11:33
Yes.
Josh Levin
1:11:34
Yeah.
1:11:34
I'll follow-up for that.
1:11:36
I just wanna just step back and say one thing.
1:11:38
It's not like foot dragging.
1:11:40
It's not unduly burdensome to have a list.
1:11:42
My only concern is that sometimes when you put stuff in black and white, it just locks people into that mentality when we want them to be able to think outside the box in determining whether there's probable cause.
1:11:53
I believe those things are enumerated in our recruit training, but for as council member, Abreu asked, I will follow-up with that as well.
1:12:00
So you can see that it's not like hide it's not like we're we want officers to know the law.
1:12:04
We train them with the laws.
1:12:05
We give them the tools.
1:12:06
We're not trying to hide the ball or not give them what they need to be able to make the right enforcement, but I will follow-up on those things for you.
