BACKGROUND
I live in Corona Queens of NY in a rented 1st floor apartment with two bedrooms and a 10 x 10' back yard with my four (4) children -17, 14, 9 and 4 my wife and I. I only have four windows in the entire apartment and they all have the old non movable steel gates. When we first moved here, our backyard had a 17' wall and two 10' fences enclosing it. After a bad storm about 6 months ago, the fence (which separates our yard and a old age home parking lot) broke and came completely down. Since I have 4 kids and no fire exits, I asked the Landlord/owner to please install a vinyl privacy fence with a gate so we would have a fire exit. He thought it was a great idea and carried out my request. (PLEASE- HOLD THAT THOUGHT FOR A MINUTE).
HISTORY After 1st moving here 7/1/2007, I noticed that the assisted living hospital/building (which is situated in the back of a 500' x 400' parking lot right next to our apartment) had a 10' x 10' fence enclosing/surrounding where they use to put all their garbage. I.e. food waste, human soiled diapers etc.. Because of the heat and the fact the garbage was located right next to our apartment and my son’s window the smell was unbearable. So
I treed to be civilized and I went to the administration to share my care and concerns. They were not too accommodating and besides trying to brush my concerns and I off they treated me as they treat their residents. Big mistake. I then contacted the right entities to force them to clean it up. At the same time my family and I became friendly with some of the residents and I have helped some of them get in contact with the proper parties to handle their constant abuse by the assisted living administration. Needles to say, they don't like me to much. Especially because I have cost then thousands in fines and legal fees. Oh well. On or about June 7, 2008 while I was trying to fill up a small pool for my children, I took the 150' hose I bought (no close water outlet), opened my backyard gate and stretched the hose across their parking lot because it was all tangled up. It took about 3 minutes and did not interfere with anyone or anything. After returning back to my yard, I left my gate open and left an empty 5 gallon bucket in front of my gate opening but on their property. About minute later two people representing the administration came out and told my wife and I that they don’t want us to open our gate or go on their property. One of them (woman) asked / no, told my wife to take the bucket off their property. After my wife did the right thing the woman TOLD my wife, quote, “now close your gate and don’t open it again”, unquote. Needless to say, that was the wrong way to talk to my Spanish/Italian wife. My wife basically tore her a new but hole and now all the workers love her. Cops were called and after explaining all they couldn’t understand why they were called to begin with. Before leaving the police officer told me that, the administration was going to put a fence up so we could not go on their property. I told the officer that they couldn’t because it’s illegal because this backyard gate was our only fire exit and he agreed and passed the info on to them, “the administration”.
PROBLEM On Friday June 19, 2008, while cleaning my yard for my 9 year olds birthday on the 20th. I opened my gate to feed the stray cats (that the administration treys to kill) as I always do, and There was a 8’ fence covering my entire fence and “only fire exit”. Now I know as a matter of law that they can’t block our only fire exit especially with no permission from the owner or anyone else for that matter and I know that eventually “hopefully” they will have to take it down. Now I am not new to court litigation as I have submitted my own Article 78/Order To Show Cause to have my bank accounts unfrozen by creditors and have the cases dismissed with outcomes in my favor. My problem is that since I have so much on my mind I feel like I’m stuck on stupid and double parked on dumb because I can’t find the proper laws I need to begin my fight nor do I know who (besides the fire department) and/or what I should do first, second ect to get the fence taken down. Especially when the stray cats (which takes care of the rat problems) can not sleep or eat in our yard anymore because they can’t get past the new illegal fence. Any and all help received from all to point me / help me get this fence taken down is and will be greatly and sincerely appreciated. This is my first time trying this kind of web sight. All I can do is leave it in Gods hands for now and hope for the best advice, info and help from all. On behalf of my family, the stray cats and I, thank you for taking the time to read this and giving your responses.
