Posted by link on July 24, 2001 at 08:44:00:
In Reply to: Re: Is videotape of damages to an apartment admissible in Housing Court? posted by Rick on July 23, 2001 at 21:33:18:
: I am initiating an HP action, the place was already in disrepair but now its worse due to a huge flood that messed up not only the stove (it has an electric pilot) but much of my personal property. a lot of the stuff was videotaped at the time of the flood because obviously a lot got thrown out when the mess got cleaned up.
: I have photos of the personal property that was ruined and of water damage to the floors etc but I cant prove on a photo that say the pilot does not turn on right, etc. HPD will come and check but I think it might be better to show the judge exactly what I'm talking about. also, there are some damages that don't come out in the photos no matter how much I try to get a good angle (I have polaroids) and i thought if I could submit the video as evidence that would help. i really want to win this HP thing because i want my money back so i can hurry up and get out of this dump....
In an HP, the HPD inspector's report is gold; if HPD says it's broken, the court says 'fix it'.
You cannot sue for damages for personal property in an HP action nor can you counterclaim them in other Housing Court actions. You must file a Small Claims suit, max $3000.00, or a regular Civil suit, max $25K, or a Supreme court suit, no max. Then you can try to get them heard together, probably won't happen. NB: first, you should contact your apartment insurer, file a claim: the ins company usually does the suing.
YES: videotapes are admissable, as long as the person who took the tapes is a witness. YES, Housing Court has the facilities to view them, you just might have to schedule the use of the TV & VCR ahead of time.
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