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Re: Retaliatory Eviction.......Listen UP Malvine and everybody in 2 family homes

Posted by richard on March 01, 2000 at 21:03:53:

In Reply to: Retaliatory Eviction posted by Malvine Small on March 01, 2000 at 17:27:55:

Malvine:

You might have One last chance if you apoligize to her about calling the HPD about heat.

Since you are in a 2 family house, there is usually ONE thermostat and its on the fist floor, in her apartment.

Now are you getting NO heat or very little? If you are getting NO heat then she probably has the house zoned or has two thermostats in her apartment.

Now if you are getting some heat......you have to think BACKWARDS... Its not that you are getting to little heat, its because when she has ALL her raditors open FULL, and cooks the heat in HER apartment FOOLS the thermostat into believing its warm enough and the the heat does not go on...therefore YOUR apartment is cold!

The only way to solve that is to ask her to turn down her radiators,and or to open a window when she cooks...especially PASTA... boiling water is the worst, the heat and humidity stays in the apartment a long time. Especially any Radiators that are really close to the thermostat.... are you starting to get it...

It will take longer for the thermostat to reach its temperture and shut off, but by her using less heat and you using more....It wont cost her ANY MORE MONEY if it's done right.

Print this out and give it to her and try and explain it...it really works I am in a 2 family house and when they cook downstairs its gets cold here until they open the door or window.

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: I live in a two-family house located in queens. My leased expired last February (1999) but my landlord continued to accept rent payments; I have all my rent receipts & have paid on time. I never had any problems with my landlord until she moved to the first floor the beginning of February. Prior to her moving in, our apartment always had adequate heat. My family complained to her about the heat; her response was her heat bill was very high & ignored our pleas for adequate heat. There are other repairs that needs fixing that she also ignored. What can I do about this since she's ignoring all our complaints.

: On Monday, 2/28, a faxed copy of a 30 day notice to vacate the premises on march 31 was pushed under my door; my mom noticed it when she was leaving for work; no one rang the doorbell. I need to know if I was properly served. Also, I received a certified copy of the faxed 30-day notice in the mail. The notice also lists my sister as an undertenant which is not true; she's been living there since we moved in (June 1997) . The landlord knows my sister; I don't have contact with the previous landlord to prove that my sister was with us from the beginning. How can I prove that she is not an undertenant.

: I'm going to get evicted because I called HPD to issue a complaint regarding no heat several times; this lead to an inspector coming to our home (february 18th) to do an inspection; the inspector gave the landlord a violation notice. I was browsing some cases back in 1997 & read that RPL Section 223-b which prohibits retaliatory eviction doesn't apply to owner-occupied dwelling with fewer than four residential units. Does anyone know if this has been amended; if not, where can I go to get an answer. Your response is greatly appreciated. Thank you.


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