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Posted by nyhawk on June 12, 2001 at 03:42:35:

In Reply to: Re: here is some help posted by Zepher on June 12, 2001 at 00:31:05:

Zepher: your comment "I'm sure the bank's attorney knows to bring a deed to the eviction hearing" reveals that you do not understand the requirements of RPAPL 713.5. The law requires that a certified copy of the actual deed must be shown to the tenant BEFORE any lawsuits are started. The common sense purpose behind this law is so that a tenant will know with certainty that the person telling the tenant to move, who is probably a complete stranger to the tenant, is actually the new owner of the property. Thus, bringing the deed to a hearing, as you suggest, is too late and cannot cure the requirements of the law. As to your comment about the "irrelevant" factors -- as to the tenant's marital status and the fact that she has young children -- it was you -- not me -- who raised those factors. Finally, the entire tone of your comment to the tenant is condescending and caustic. A tenant is seeking advice about a jam she finds herself in through no fault of her own -- she does not say she has not been paying rent, so its safe to assume she has been paying her rent -- and your response is to give her a hard time, instead of compassion. Some smart person once said: if you have nothing nice to say, shut up!

Follow Ups:

• Re: here is some help Renee 06/12/01 (2)
  • sounds like its time to get a tenants' lawyer nyhawk 06/13/01 (1)
    • RPAPL Section 753 Renee 06/13/01 (0)

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Comments:
: Zepher: your comment "I'm sure the bank's attorney knows to bring a deed to the eviction hearing" reveals that you do not understand the requirements of RPAPL 713.5. The law requires that a certified copy of the actual deed must be shown to the tenant BEFORE any lawsuits are started. The common sense purpose behind this law is so that a tenant will know with certainty that the person telling the tenant to move, who is probably a complete stranger to the tenant, is actually the new owner of the property. Thus, bringing the deed to a hearing, as you suggest, is too late and cannot cure the requirements of the law. As to your comment about the "irrelevant" factors -- as to the tenant's marital status and the fact that she has young children -- it was you -- not me -- who raised those factors. Finally, the entire tone of your comment to the tenant is condescending and caustic. A tenant is seeking advice about a jam she finds herself in through no fault of her own -- she does not say she has not been paying rent, so its safe to assume she has been paying her rent -- and your response is to give her a hard time, instead of compassion. Some smart person once said: if you have nothing nice to say, shut up!  


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