Posted by Tenantperson on August 08, 2001 at 11:30:38:
In Reply to: Re: Misinformation on this board --beware!!! posted by courtwatcher on August 06, 2001 at 08:40:04:
You make some good points here. I think this exchange points up the problem inherent with any Internet bulletin baord--sometimes people who sound the most convincing are believed, when very often they have no idea what they are talking about.
I looked back on the exchange re preferential rent. There was some good advice and some really lousy advice, with one person suggesting not signing the lease if it doesn't offer a preferential rent!
I really wish people would be more restrained and not shoot from the hip, as some poor soul may actually do what they say and not sign a lease and get evicted.
: Lawyers / Judges etc. also express opinions as "facts". One thing you will find (particularly in NY Housing Law) is that everything can change. "Facts" are not constant.
: In my particular situation as a tenant-under-seige, I researched the law(s) in question (at the State Supreme Court Law Library, among other locations) and then brought the information to both the judge(s) hearing my case(s) and to the attention of my attorney(s). At first, my ideas were not received with open ears -- until an initial court ruling against me was tossed out by the appellate court (the App. Ct. opinion agreed with my original interpretation of the law in question).
: This changed the direction of everything and eventually things went in my favor -- mainly due to my "opinion" about how the law should play out and my decision to fight for that position (and my willingness to pay for that fight).
: Of course, with the legal world being what it is, the direction of things could change again -- if the landlord wanted to appeal and take things to a higher court (his time to do that has lapsed; it was pretty clear that he was on a losing track).
: Mainly what I'm saying is: take in all the information you can -- then do more research as it applies to your particular case.
: The specifics of your own situation are what makes or breaks the case.
: : My problem is with posts that state opinions as facts. If you look back on the exchange of emails in question you'll see what I mean. It was a pretty emphatic post, and it would have cost me a lot of dough if I had paid any attention.
: : All I'm saying is that nonlawyers should not be analysing cases or stating their opinions on legal issues.
: : : Well, Duh! These are our opinions, just opinions. Based upon our experiences in this field. Some of us are attorneys, brokers, employees of DHCR, HPD, landlords, etc etc. None of our opinions is a substitute for a consultation with an attorney who specializes in whatever problem you may have, and should not be construed as such.
: : : As far as preferential rents or whatever issue, some of these issues are making their way thru the courts as we speak. Nothing is cast in stone-if it were we wouldn't need lawyers or courts.
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