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Multiple Dwelling

Posted by Orthniel on September 07, 2000 at 11:50:42:

I currently live in a brownstone building in New York City and I am being brought to court by my Landlord for a holdover petition seeking to evict me becuase I have made several complaints in writing for basic habitability concerns. I made a partial payment in July 2000 for half the rent to allow the landlord to correct the problems outlined in my letter and he immediately began his eveiction proceedings. Once he corrected the problems I submitted(i.e., cured) the remaining half of the rent prior to receiving his "3-day Notice" so I felt that he was a little late with properly servingme. In his petition he states that the "premises are not a multiple dweling. The subject premises is located in a private residence with fewer than three rental units."

Three questions:
Can I be evicted if I cured the outstanding balance prior to the receipt of his 3-day Notice and subsequent Letter of Cancellation of Lease?

Is this true considering that two of the units are rented out and the remaining unit is occupied by the Landlord??

Can I counter-sue for his retaliation towards my correspondences to him regarding simple habitability concerns?

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