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Posted by Anna on June 18, 1999 at 22:13:57:

In Reply to: Re: Rent Bar: counterclaims etc.... posted by leah on June 17, 1999 at 22:08:07:

: Thanks for the info. I was under the impression that the only option the LL had was an ejectment action. Mind you I undertstand that this will come only after the LL lawyer files in every other court for every other claim possible.=) Can I ask what the proper procedure is for getting the case kicked from small claims court.
: Why the hell isnt it an automatic dismissal? Are there any counterclaims that can be had against a LL for renting an illegal apartment? It just doesnt make any sense. Why have a rent bar at all if the rules themselves provide the loophole.

: Thanks again!

: L

There's a good booklet on NY Small Claims : click on TenantNet Home. Also some good general material from Nolo Press.

Go to the Small Claims court clerk's office in your county: you will find a wealth of information not available to tenants sued in Housing Court: a very instructive pamphlet and a detailed counterclaim form. The notice you will receive is very informative too.

In general: people can claim any old thing to start a lawsuit: they don't have to show anyone any proof to file a claim. If they realize that you're on to them, they will ask that the case be discontinued or they will simply not show up (you win). Otherwise, you will have to be prepared to prove the illegal-3 status and that it prevents them from using that particular court. Their claim/lawsuit will then be dismissed, ask for your counterclaims to be heard: sometimes they need to be related to the plaintiff's claim, sometimes not. Counterclaim the costs of defending against the lawsuit, what damages can you prove with receipts, lost time from work, etc.

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Comments:
: : Thanks for the info.  I was under the impression that the only option the LL had was an ejectment action. Mind you I undertstand that this will come only after the LL lawyer files in every other court for every other claim possible.=) Can I ask what the proper procedure is for getting the case kicked from small claims court. 
: : Why the hell isnt it an automatic dismissal? Are there any counterclaims that can be had against a LL for renting an illegal apartment? It just doesnt make any sense. Why have a rent bar at all if the rules themselves provide the loophole. 

: : Thanks again!

: : L

: There's a good booklet on NY Small Claims : click on TenantNet Home.  Also some good general material from Nolo Press.

: Go to the Small Claims court clerk's office in your county: you will find a wealth of information not available to tenants sued in Housing Court: a very instructive pamphlet and a detailed counterclaim form.  The notice you will receive is very informative too.

: In general: people can claim any old thing to start a lawsuit: they don't have to show anyone any proof to file a claim.  If they realize that you're on to them, they will ask that the case be discontinued or they will simply not show up (you win).  Otherwise, you will have to be prepared to prove the illegal-3 status and that it prevents them from using that particular court.  Their claim/lawsuit will then be dismissed, ask for your counterclaims to be heard: sometimes they need to be related to the plaintiff's claim, sometimes not.  Counterclaim the costs of defending against the lawsuit, what damages can you prove with receipts, lost time from work, etc.


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