People v Douglas

[*1] People v Douglas 2009 NY Slip Op 50007(U) [22 Misc 3d 1103(A)] Decided on January 5, 2009 City Court Of Mount Vernon Seiden, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through February 5, 2009; it will not be published in the printed Official Reports.

Decided on January 5, 2009
City Ct of Mount Vernon

The People of the State of New York v Neville Douglas



02-2315

Adam Seiden, J.

Defendant Neville Douglas, as well as Delores Douglas, move for an order vacating the judgment amount imposed, after conviction of numerous building code violations, due to the fact that the money confiscated from Neville Douglas's bank account, pursuant to the judgment against him, is his Social Security.

The People oppose defendant's application to vacate the Judgmentment.

Defendant has a long history with building code violations in this Court, dating back to 1992. Defendant was the former landlord of several properties in Mount Vernon. In October 2004, after a city inspection, all of defendant's properties were deemed unsafe and uninhabitable, forcing over eighty tenants to vacate their homes. Defendant's efforts to remedy the violations proved unsuccessful and he missed court appointed deadlines to cure the violations. As a result, defendant was held in contempt of court and was imprisoned for a short term on two separate occasions.

On April 21, 2006, after several failed attempts to cure the building code violations, defendant Neville Douglas, as well as co-defendants Delores Douglas and Golden Spring Corporation, pleaded guilty to numerous building code violations. As an individual, defendant pleaded guilty to six building code violations. On June 29, 2006, a judgment in the amount of $50,000, plus a civil penalty in the amount of $50,000, for a total of $100,000, was entered against the defendant, covering twelve dockets, including 02-2315. On November 8, 2007, pursuant to a subsequent motion on this matter, the judgment plus penalty was reduced to a total of $50,000.

In the instant motion defendant states that he is suffering a financial hardship. As a result of the confiscation of his social security funds, defendant states that he cannot pay for such "living expenses" as food, transportation, laundry "and other necessities" and asserts that the confiscation has left him without money for his basic daily living expenses.

The Court is mindful of the landlord's long history of repeated building code violations. Although the Court is aware that the defendant had to sell his properties at a loss, the Court cannot overlook the fact that over eighty tenants lost their homes and [*2]never regained occupancy due to the defendant's continuing neglect of his own properties. As a result of defendant's own neglectful conduct, he had no option but to sell his properties at a loss. The court further notes that the record is clear that defendant, Neville Douglas, knowingly, intelligently and voluntarily entered a plea of guilty without any fraud, duress or misrepresentation (People v. Golubow, et. al., 2005 NY Misc LEXIS 3411 (Just. Ct. Nassau Co. 2005)).

However, pursuant to 42 U.S.C. § 407, social security funds are not subject to any form of legal execution ("...none of the moneys paid or payable or rights existing under this title, shall be subject to execution, levy, attachment, garnishment or other legal process....") 42 U.S.C. § 407(a). In light of the papers submitted herein, the Court orders a hearing to determine the source of the money that the City of Mount Vernon has confiscated from defendant. Defendant shall present proof that the funds subject to execution are social security funds, or other exempt sources of income.

Accordingly, defendant's motion to vacate the judgment imposed against him is decided only to the extent that a hearing shall first be held to determine the source of the funds in defendant's account that were or are subject to levy. The parties are directed to appear on December 24, 2008, at 9:30 a.m. prepared for said hearing.

This constitutes the Decision and Order of the Court.

The Court considered the following papers on this motion: Order to Show Cause dated August 25, 2008; People's Reply to Motion, dated October 21, 2008.

Dated:January 5, 2009

Mount Vernon, New York

_________________________

HON.ADAM SEIDEN

Associate City Judge of Mount Vernon

To:Brian Johnson, Esq.

Corporation Counsel Office

City of Mount Vernon

City Hall

One Roosevelt Square

Mount Vernon, New York 10550

Neville Douglas

Defendant pro se

18 South 9th Avenue

Mount Vernon, New York 10550

Delores Douglas [*3]

Third Party

18 South 9th Avenue

Mount Vernon, New York 10550