Posted by Mark Smith on October 13, 2000 at 15:37:51:
In Reply to: Notice to Produce posted by Paul Jeffers on October 13, 2000 at 13:47:29:
Ignore the notice to produce. Virtually no discovery and inspection is allowed in housing court without the permission of the court. This is particularly true in a non-payment case or in an H.P. case.
The next time you're in court, ask the judge to vacate or quash the notice to produce and also ask the judge to sanction the landlord's attorney for sending you the notice to produce.
If you have copies of letters to the landlord which address the conditions for which you're seeking a rent abatement, you can produce them in court, to demonstrate that the landlord was aware of the conditions, or had the opportunity to verify your complaints about the conditions.
: I've taken my landlord to court over warranty of habitability issues. When I went to court, the lawyer tried to approach me to settle with a stipulation. I said no and requested an inspection from the judge, who granted it, saying I was looking for a rent abatement. Now the attorney has sent me a Notice to Produce. Asking for all leases, correspondance, documents, etc. since I've been living here, over 9 years. It is a free market apartment. I'm wondering what the rules are for discovery in a housing court issue. I didn't think they could do this, although I have most of the items requested. It seems the attorney is trying to intimidate me. Any help or advice in this area would be extremely appreciated.
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