[Updated] Report: Landlord makes eviction case against tenant with the Confederate flags

The drama continues over the flags on Eighth Street and Avenue D. DNAinfo reports that the landlord has filed a lawsuit against the tenant and is seeking to have him evicted.

Per DNAinfo:

William Green's glowing display of two Confederate battle flags in the windows of his top-floor apartment at 403 E. Eighth St. have posed a "clear and present danger" to the building and the surrounding community by sparking violence and mayhem, says the complaint filed Saturday by property owner 113 Avenue D, LLC in New York State Supreme Court.

Green, a rent-stabilized tenant with a lease dating back to 1996, is in violation of both the "Objectionable Conduct" clause of his lease and the Rent Stabilization Code because the flags are a nuisance burdening other tenants in the building and he should be evicted as a result, the lawsuit states.

Green has reportedly been out of town.

He said that he "found the sudden anger about the flags 'suspicious,'" according to emails included in the court papers.

Previous reports noted that Green was one of three non-market-rate tenants left in the building. According to Streeteasy, there are 23 units in the building. The previous listings show an average monthly rent of $2,395. Streeteasy does show any active rentals right now.

Per the listing:

This east village walk up building features beautifully renovated units and live-in super. The M14D bus stops right outside, and there is a citibike station across the street. Easy walking distance to the L, J, F, and M trains. There is a convenient dry cleaner downstairs as well as many bars and restaurants on Avenue C just a block away.

Public records show that No. 403 is managed by Yassky Properties. The building last changed hands for $865,000 in September 2000.

Updated 1:40 p.m.

Here's more from the Daily News:

Yassky’s attorney, Robert Gumenick, said he was not currently seeking Green’s eviction.

“Once the tenant realizes the extent of the problem, we’re hopeful the tenant will cooperate,” he said.

One longtime resident of the building, who did not wish to give her name, said the controversy was complicated by the fact that Green may be mentally ill.

“Obviously I don't want to live in a building with Confederate flags in the window,” the resident said. “(But) I don't know if he understands what that flag represents.”

Updated 8/22

The Post reports that the landlord has withdrawn the case.

“At this point, he feels it would be better to work it out with the tenant,” said Robert Gumenick, the lawyer for building owner Charles Yassky.

Gumenick declined to comment further except to say that Yassky no longer wanted to pursue the matter in court.

Updated 8/23

The Daily News has a short interview with Green.

“Absolutely not,” a defiant William Green told the Daily News on Tuesday when asked if he would classify himself as a racist.

The 43-year-old said the association of the rebel flag with secession and slavery is just a tale being told by select media outlets.

“That’s a fad, something that’s being created by MSNBC,” he told The News.

Previously on EV Grieve:
Report: Anger over Confederate flags on 8th Street and Avenue D

[Updated] Workers place tarp over flags on 8th Street and Avenue D

[Updated] Flags — and tarp — have been removed from building at 8th Street and Avenue D

[Updated] Flags — and tarp — have been removed from building at 8th Street and Avenue D

[Image via @visionsofmatty]

This afternoon, the Confederate and Israeli flags were removed from the windows of the top-floor apartment at 403 E. Eighth St.

As we first reported yesterday, workers hung a tarp from the roof to cover the flags from view on the street below.

It's unknown exactly how long the flags had been in the windows (five months to a year, per different media accounts) in the corner building at Avenue D. However, it wasn't until after last weekend's deadly white supremacist rally in Charlottesville, Va., when people started taking notice. (DNAinfo reported yesterday that a pair of the German Naval flags emblazoned with the iron cross were in the windows for roughly a decade before they were replaced by the Confederate flags some time last year.)

Police have been on the scene since a man threw rocks at the windows on Wednesday morning. There is also an unconfirmed report of an the NYPD arresting a man last night for throwing a rock at the windows.

Previous media accounts reported that both the building's property manager and the NYPD had asked the tenant, a 43-year-old male who has lived here for 12 years, to remove the flags.

Will update when more information becomes available about what transpired here today.

Updated 3:15 p.m.

DNAinfo has more on last night's arrest.

Darren Keen, 34, yelled and broke a window at 403 E. 8th St. around 8:40 p.m. before fleeing, according to the NYPD. He was arrested roughly 30 minutes later.

Keen was charged with criminal mischief, given a desk appearance ticket and released.

Updated 8 p.m.

NY1 was actually first to report on Keen's arrest last night.

Police say officers heard the sound of broken glass at a building on East 8th Street near Avenue D.

When they went to investigate, the NYPD says they found a trail of blood leading to the next building and up to Keen's apartment.

Police say Keen admitted to breaking a window and was taken into custody.

He spoke exclusively with NY1 hours earlier and told us he was upset about the flags.

"Everything to make that guy's message go away is good. And I'm going right now to the hardware store and I'm going to pull those tarps up and I'm going to paint a giant Wu-Tang logo on those tarps right now," he said.

It's still not clear who actually removed the flags. Keen is taking credit for it via an Instragram post (breaking the window gave reason for the police to enter, and they took down the flags). Per an updated DNAinfo post: "An NYPD spokesman denied that police entered the apartment and took the flags down, saying that it was freedom of speech."

Other sources have claimed that the building's management entered the apartment and removed the flags. There hasn't been any report of where the tenant is.

Previously on EV Grieve:
Report: Anger over Confederate flags on 8th Street and Avenue D

[Updated] Workers place tarp over flags on 8th Street and Avenue D