I recently answered my nonpayment petition, contesting service and the amount owed. When I went to court for my first hearing date the legal aid attorney told me the petition was defective because it included non-rent amounts including monthly dog fees, air conditioning and utility surcharges. I live in a Mitchell-Llama co-op, so the nonpayment is for maintenance.
The legal aid attorney advised me to file a motion to amend answer to include the non-rent amounts defense and asking for summary judgment dismissing the case -- she stated that these non-rent amounts are cause to have the petition dismissed, which will give me more time to save up to pay, plus put me in better negotiating position generally.
The only info I could find online suggests that late fees, taxes, and other additions to rent can be included in the petition as long as they are itemized. Are these different from dog fees and other surcharges? These amounts were itemized in the attachment to the petition.
Any advice appreciated.