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Posted by New York Tenant on July 17, 2001 at 15:44:50:

In Reply to: Re: Help with PAR at DHCR posted by me on July 17, 2001 at 14:58:47:

You don't need an attorney for an H.P. proceeding in housing court. In theory, HPD's attorney should help you, but don't count on it. But you should still be able to handle an H.P. proceeding by yourself.

A housing court judge could take the position that DHCR has jurisdiction or that DHCR's inspection and decision are conclusive. Or the judge could order an HPD inspection, and ignore the results of the DHCR inspection.
 
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: : I think you would have been better off -- and may still be better off -- bringing an H.P. proceeding in housing court. A PAR will take a long time, while you're still stuck with a defective toilet.

: That is true. But what if the court decides that the DHCR has jurisdiction? Also you can do a PAR without a lawyer but need a lawyer for the HP action.

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Comments:
: You don't need an attorney for an H.P. proceeding in housing court.  In theory, HPD's attorney should help you, but don't count on it.  But you should still be able to handle an H.P. proceeding by yourself.  

: A housing court judge could take the position that DHCR has jurisdiction or that DHCR's inspection and decision are conclusive.  Or the judge could order an HPD inspection, and ignore the results of the DHCR inspection.  
:  
: : 
: : : I think you would have been better off -- and may still be better off -- bringing an H.P. proceeding in housing court.  A PAR will take a long time, while you're still stuck with a defective toilet.  

: : That is true. But what if the court decides that the DHCR has jurisdiction? Also you can do a PAR without a lawyer but need a lawyer for the HP action.


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