By Barry L. Dayton, Staff Attorney at The Waterfront Project
Ms. B came to us with a complaint for non-payment of rent dating back to May 2024. The landlord claimed to have received nothing from her since May, which meant that their claim was for $16,445 at the time of trial. However, after reviewing Ms. B’s documents, including a settlement a Staff Attorney had previously negotiated for the client back in November 2023, it was apparent that the landlord was overcharging Ms. B $150 per month in base rent, charging illegal late fees, and seeking to collect legal fees that were not permitted in the lease.
After showing proof of payment and the previous agreement, we were able to get the landlord to admit that they were charging the wrong rent and that they had received all payments up to January 2025, leaving Ms. Br owing only February and March. We were able to settle for $2400 paid by April 5th, 2025, which is a $14,045 reduction from what was claimed! We were also able to get the landlord to agree in writing that once that amount is paid, there are no outstanding debts, which will protect Ms. B from claims of fees unpaid if the landlord decides to pursue what they claim they are owed in legal and late fees. Finally, we were able to get the landlord to agree that the increase from $1200 to $1350 was improperly instituted, and Ms. B does not have to pay that amount at this time (though we agreed to the increase as part of the settlement agreement, effective April 5th).
Ms. D is a disabled tenant who fell behind on her rent after her mother passed away last year. Ms. D has been trying to navigate the benefits process on her own, and while she is hopeful she might get assistance through HCDFS, she was not able to get that process finalized prior to court. However, after reviewing her situation with the landlord and their attorney in court, we were able to convince them that Ms. D is a likely candidate to receive assistance in the form of TRA. Though the landlord was not willing to reduce the rent or waive any fees, they were willing to provide a very generous payment plan. Under the agreement we were able to negotiate, Ms. D does need to repay the full balance of $10,695. However, we proposed, and the landlord accepted, a plan that gives Ms. D until September 2025 to pay off most of the balance. While she is still in the application phases, her monthly payment toward the arrears is only $250 per month. This will hopefully give her more than enough time to either come up with the funds to get current or to find another apartment if she is not able to get approval for assistance.
It’s not a reduction of the balance or a dismissal, but I thought it might qualify given how much time we were able to get Ms. D to pay off the bulk of that balance — only 1/8 of the arrears needs to be paid over the next six months, and the due date for the remaining 7/8 isn’t until September.