Tuesday, August 31, 2010

Using Private Eyes to Keep Track of Tenants

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As a parade of slovenly dressed 20-somethings passed through the entrance of a downtown Manhattan apartment building on a weekday afternoon, these seemingly savvy New Yorkers did not seem to notice they were the subjects of a photo shoot.

That is because this shoot was covertly orchestrated by their landlord, who had hired a private investigator to root out illegal tenants.

Masked by lunchtime crowds and afternoon rain, the private eye, Joseph Mullen, who has run a sleuthing firm for more than 40 years, parked his car in front of the building, flipped through papers showing that several residents of the seven-story building were “dead or living somewhere else,” and waited.

Shane Williams, a vice president of the firm, J.T. Mullen Inc., slouched strategically in his seat and photographed people as they entered and left. The affable pair looked like observers at an antifashion show as food deliverymen paraded through, an older portly renter stepped out to buy cheese biscuits and renters dressed in gym clothing shuffled outside to smoke.

“We don’t know half the people who live in this building,” Mr. Mullen said. He released a gravelly chuckle, rustled through papers and glanced through the tinted window. “The landlords say, ‘I got to get these illegal tenants out and make some money.’ ”

In a high-rent borough like Manhattan with plenty of rent-regulated apartments ripe for exploitation, real estate investigation has long been a big business. Private detectives say it has picked up in the past year as some New Yorkers have tried to find extra money by moving out of their apartments and subletting to other renters for more than they are paying, which is not allowed.

And, of course, there are landlords pressed for cash, trying to root out people who are using rent-controlled or rent-stabilized apartments illegally. This would allow the landlords to find new tenants and raise the rent by 20 percent or more under state housing law. During the speculation boom of the last decade, some large landlords were accused of using private investigators to harass legal tenants out of their apartments in order to raise rents to cover large mortgages and increase their profits.

Landlords who root out illegal sublets and absentee renters — a rent-regulated tenant must occupy the unit for at least 183 days a year — crow about how profitable these investigations can be.

Craig Charie, a lawyer and landlord who has hired private investigators for such cases since 1994, described a tenant at one Chelsea building who held onto her $433-a-month apartment while living primarily in New Jersey. An investigator tracked her commuting patterns, and Mr. Charie kicked her out, combined the apartment with another to make a duplex and raised the rent.

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