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Posted by Tom Livaccari on September 04, 1997 at 11:42:43:

In Reply to: Re: mediation? posted by Mariel on September 03, 1997 at 21:21:23:

: : I just returned from Housing Court where I was granted an adjournment.
: : The landlord was looking to go to the mediation room. My case is a holdover
: : and I'm wondering what the landlord was trying to accomplish with a
: : mediation.
: .
: Without knowing the details of your case it's hard to say. Mediation takes place so the parties can settle their differences, if possible, without having the case drag out in court. You could always see what is being offered and decide to accept or reject the offer. Rejecting the offer means continuing the case in court. Accepting means a stipulation is written up that both parties are expected to abide by. Do you feel like you have a strong case?

I think my case is strong. They want to evict me because I didn't get my
renewal back within the 60 days required. My point of contention is that
every year for the past 7, I've sent my lease back late and never once
did the landlord complain. My defense is built on the pattern of doing
buisness established by this 7 year history. As an example of the landlords
laxness, I submitted last year's lease on June 10 and the landlord didn't
sign it until November 20. I received it back after Thanksgiving. The landlord
is supposed to get it back 30 days after I send it to them.

If the judge doesn't buy this, I have another angle. There was a NYS supreme
court case in 1996 which stated that a holdover tenant in a failure to
sign a lease renewal situation should be afforded 10 days to cure the problem.
If anyone is interested in this case, email me at tlivac@icon.com.
case

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Comments:
: : : I just returned from Housing Court where I was granted an adjournment.
: : : The landlord was looking to go to the mediation room. My case is a holdover
: : : and I'm wondering what the landlord was trying to accomplish with a
: : : mediation.
: : .
: : Without knowing the details of your case it's hard to say.  Mediation takes place so the parties can settle their differences, if possible, without having the case drag out in court.  You could always see what is being offered and decide to accept or reject the offer.  Rejecting the offer means continuing the case in court.  Accepting means a stipulation is written up that both parties are expected to abide by.  Do you feel like you have a strong case?

: I think my case is strong. They want to evict me because I didn't get my
: renewal back within the 60 days required. My point of contention is that 
: every year for the past 7, I've sent my lease back late and never once
: did the landlord complain. My defense is built on the pattern of doing 
: buisness established by this 7 year history. As an example of the landlords
: laxness, I submitted last year's lease on June 10 and the landlord didn't
: sign it until November 20. I received it back after Thanksgiving. The landlord
: is supposed to get it back 30 days after I send it to them.

: If the judge doesn't buy this, I have another angle.  There was a NYS supreme
: court case in 1996 which stated that a holdover tenant in a failure to 
: sign a lease renewal situation should be afforded 10 days to cure the problem.
: If anyone is interested in this case, email me at tlivac@icon.com.
: case


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