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Posted by Jenny Louder on January 29, 1999 at 05:21:55:

In Reply to: Family daycare posted by Mina on January 27, 1999 at 10:10:01:

: My landlord took me to court on Jan. 21. He claims that I am violating the use and occupancy clause of my lease because I am a family daycare provider. In court we met with a mediator who told my landlords lawyer that unless I was making a lot of noise or destroying his property that he could not evict me. The court ( in queens) had just ruled in a similar case and found in favor of the tenant. The lawyer still insists on going to trial. Our new court date is Febrary 10. I can not get a lawyer. I make to much money for free legal aid but not enough to hire any one. I will probably win, but I am very nervous about representing myself. I would also like to get back my lost wages if I could. Can anyone give me some advice? I would really appreciate it.

I had heard of a similar case, but it's probably not law of the land if the case was from a lower court and this LL may be planning to take it up. Even so, still go for it if the law seems to be on your side. Make sure he can't create new allegations of noise, etc. He may dress up his case that way, so get your neighbors' support. No way to get back wages, but tell the judge that you are losing money this way and you might get a sympathetic ear, even in Queens housing court. Also contact the Queens League of United Tenants and your local politicians.

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• Re: Family daycare..A GOOD CASE POSTED Richard 1/29/99 (0)

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: : My landlord took me to court  on Jan. 21. He claims that I am violating the use and occupancy clause of my lease because I am a family daycare provider.  In court we met with a mediator who told my landlords lawyer that unless I was making a lot of noise or destroying his property that he could not evict me.  The court ( in queens) had just ruled in a similar case and found in favor of the tenant.  The lawyer still insists on going to trial.  Our new court date is Febrary 10.  I can not get a lawyer.  I make to much money for free legal aid but not enough to hire any one.  I will probably win, but I am very nervous about representing myself.  I would also like to get back my lost wages if I could.  Can anyone give me some advice? I would really appreciate it.

: I had heard of a similar case, but it's probably not law of the land if the case was from a lower court and this LL may be planning to take it up. Even so, still go for it if the law seems to be on your side. Make sure he can't create new allegations of noise, etc. He may dress up his case that way, so get your neighbors' support. No way to get back wages, but tell the judge that you are losing money this way and you might get a sympathetic ear, even in Queens housing court. Also contact the Queens League of United Tenants and your local politicians.


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