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Re: Housing cases in Small Claims Court -- Update

Posted by TenantNet on April 04, 1997 at 10:59:42:

In Reply to: Re: Housing cases in Small Claims Court -- Why? posted by TenantNet on March 28, 1997 at 04:50:13:

As an update we ran this question past an attorney we know and here's
the response:

>I recently had a client who's pro se landlord also sued her for rent in
>small claims. I agree with your analysis that a landlord can't get a
>possessory judgment in small claims, only a monetary judgment. But what's
>the use? A landlord can't go back to Housing Court for the same claim, so
>he/she could never get the apartment based on non-payment of rent. I think
>it's a not a bad strategy for tenants, since no harm will come to their
>tenancy or apartment by not paying the rent judgment. Ultimately, the
>landlord loses out unless, the tenant's get a restraining notice on their
>bank account or their credit report -- otherwise, they are not adversely
>affected. In small claims I assume that a tenant can counterclaim for
>warranty of habitability. I'm not so alarmed by this move.

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