It is very important to know the venue where you are litigating your eviction. Several factors can change between venues, including the cost of the action. Nassau County in particular can be very costly due to some local town codes. In Nassau County, the Sheriff requires the landlord to pay for the moving expenses and first month’s storage charges for the tenant’s belongings. The reason for this cost is that Nassau County and the municipalities and townships inside Nassau County have ordinances and codes in place to protect the public health and welfare in their municipalities or towns. These town codes prevent garbage and discarded property from being left curbside. Faced with the dilemma of figuring out how to execute the warrant of eviction for landlords without leaving the tenant’s belongings curbside, the Sheriff decided to employ the services of a moving company to remove the tenants belongings and acquire a storage unit to hold such belongings. It is the responsibility of the Sheriff to ensure that the municipality collects these funds and does not take a financial loss. The Sheriff therefore demands that the landlord pay the moving and storage expense upfront. For more information regarding this aspect of Nassau County eviction proceedings, read the decision of
Inc. Vill. of Hempstead v. Jablonsky, 187 Misc. 2d 792, 724 N.Y.S.2d 808, 2001 N.Y. Misc. LEXIS 87 (N.Y. Sup. Ct. 2001).
As always, if you have any questions or concerns regarding the moving and storage expenses associated with an eviction proceeding, call (516) 858-2620 to speak with an eviction attorney today!