Posted by TenantNet on September 01, 1996 at 11:51:07:
In Reply to: Re: illegal cat/NYC posted by mad max tenant on August 31, 1996 at 23:51:34:
: For six months after a completed
: case filed with DHCR you can not be brought to court
: by your landlord , they view it as harassment. UNDER
: HANDED METHOD:File a service reduction case
: against landlord,all dates on papers to DHCR be
: dated before landlords letter .Dhcr reciept date will be
: accurate, but you told the landlord of your intentions,
: got the papers , could not find the time to take to
: DHCR , or waited to see if landlord would take action
: on service reduction, but got a cat letter instead.
Dear Mad Max:
Next time, please type your message in the message (comment) box
instead on making it the entire title. I had to re-edit the message
to make it readable.
Second, you're asking the tenant to lie. I'm holding morals over your
head here, but don't you think you should leave they lying to the
landlords. Since they do it almost daily, they're a bit more expert
at it, and there is something to say about telling the truth.
Third, you're referring to the Retaliatory Eviction clause of the
Real Property Law. It's online here and you should read it. See
section 223(b). There are some exceptions and it doesn't hold
in all cases (i.e., if the owner's reason is meritorious). As
for DHCR, I think you mean the state agency that promotes
landlord harassment. The owner can indeed take you to court. He
might not win, but you have to deal with it. That's the reality.
Even so, the tenant should raise the defense of retaliatory eviction
if indeed they made any complaint in any form whatsoever (even if they
just talked to the super about repairs).
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