The nuisance abatement law was created in the 1970’s to combat the sex industry in Times Square. Since then, its use has been vastly expanded, commonly targeting apartments and mom-and-pop bodegas even as the city’s crime rate has reached historic lows. The NYPD files upward of 1,000 such cases a year, nearly half of them against residences.
The process has remarkably few protections for people facing the loss of their homes.
Three-quarters of the cases begin with secret court orders that lock residents out until the case is resolved. The police need a judge’s signoff, but residents aren’t notified and thus have no chance to tell their side of the story until they’ve already been locked out for days. And because these are civil actions, residents also have no right to an attorney.
Perhaps most fundamentally, residents can be permanently barred from their homes without being convicted or even charged with a crime.
A man was prohibited from living in his family home and separated from his young daughter over gambling allegations that were dismissed in criminal court. A diabetic man said he was forced to sleep on subways and stoops for a month after being served with a nuisance abatement action over low-level drug charges that also never led to a conviction. Meanwhile, his elderly mother was left with no one to care for her.
In partnership with ProPublica, the Daily News reviewed 516 residential nuisance abatement actions filed in the Supreme Courts from Jan. 1, 2013 through June 30, 2014. Our analysis also reviewed the outcomes of the underlying criminal cases against hundreds of people who were banned from homes as a result of these actions.
Runa Rajagopal of the Bronx Defenders, who leads a division that represents people in the civil courts, called the practice a “collective punishment” on the entire family of those accused of a crime, “used by the NYPD to exert power and control largely over communities of color.”
- 173 of the people who gave up their leases or were banned from homes were not convicted of a crime, including 44 people who appear to have faced no criminal prosecution whatsoever.
- Overall, tenants and homeowners lost or had already left homes in three-quarters of the 337 cases for which the Daily News and ProPublica were able to determine the outcome. The other cases were either withdrawn without explanation, were missing settlements, or are still active.
- In at least 74 cases, residents agreed to warrantless searches of their homes, sometimes in perpetuity, as one of the conditions of being allowed back in. Others agreed to automatically forfeit their leases if they were merely accused of wrongdoing in the future.
- The toll of nuisance abatement actions falls almost exclusively on minorities, our analysis showed. Over 18 months, nine of 10 homes subjected to such actions were in minority communities. We identified the race of 215 of the 297 people who were barred from homes in nuisance abatement battles. Only five are white.
The NYPD declined to answer any questions about specific cases.
It's nothing we haven't seen before, but it's overtly egregious even by Gotham cop standards. Just another example of how even in large blue states, people of color are treated like they are less than human.
And yes, collective punishment is a good description of the practice.
Your move, Mayor de Blasio.