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3 Day Notice???

NYC Housing Court Practice/Procedures

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3 Day Notice???

Postby Raymond101 » Tue Sep 24, 2013 9:09 am

I'm having some difficulty related to a 3 day notice I've received -- I was hoping someone here might be able to help.

I received a 3 day that allowed for only a single business day to respond. I went looking on the Court website and found something that said the 3 day notice requires three business days. However, in poking around tenant.net, I noticed a thread that described it as being any three days, not necessarily business days.

Which is it? I thought I was o.k. on this after I read that info on the court webpages, but now am concerned I may have gotten it wrong.

Thanks for any info you can provide.
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Postby TenantNet » Tue Sep 24, 2013 10:57 am

I would go with the court website.

But don't lose sight of the pickle you're in. That means you have to pay the LL ... or be prepared to be taken to court. Nothing happens automatically at three days. You're not evicted. It simply means the LL can then commence a proceeding to recover the premises. I've found that many LLs wait more than the three days before starting (but I would not count on it).

Assuming you have no other reason to withhold rent, I would do what you can do come up with the funds, and - if need be - contact the LL and let him know you are in the process of getting the funds and when you expect they should have payment. Some LLs will be rational about this, and some will not.
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Postby Raymond101 » Tue Sep 24, 2013 11:58 am

Thanks so much for your quick response. I really appreciate it.

I haven't lost sight 'of the pickle I'm in', -- wise advice under the circumstances, by the way.

My concern with the 3 day notice was that if I could demonstrate it was defective I would probably be able to buy myself another 4 -6 weeks to attempt to iron this out. I'm pretty sure the LL's lawyer won't even review what's gone on until they serve a Petition and get to court. By the time they discontinue and begin again, it would probably be close to 2 months -- that extra time would be invaluable to me right now.

Would you happen to know what law I might dig up to find a definitive answer? I hate to go into housing court with a defense that winds up being incorrect. I've seen in the past that if you do that the judges there like to pounce.

thanks again.
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Postby TenantNet » Tue Sep 24, 2013 12:11 pm

Let's assume you were served with the 3-day demand letter last Friday. That gives you one business day -as you described above.

First I would look to the manner of service. It has to be personal service, or substituted service, or conspicuous place service (called "nail and mail"). You can always make a motion to dismiss based on bad service. The court would likely direct a traverse hearing, but you'll be in the middle of the case.

I don't know how to raise the issue you've raised unless the LL serves you with a petition on Tuesday morning (today).

If the LL waits until Thursday to commence a case, then you've had your three business days.

In court you can always raise various defenses, i.e., Warranty of Habitability, rent paid, incorrect rent demanded, and so on. There are other motions that can be brought based on procedure, jurisdiction, pleadings and so on. But to know what those are, and how to raise them, I would suggest getting a legal consultation.
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