A Day in (a) New York City Housing Court

[Robert Fortune]

Ke aloha no, Folks:
(Greetings to all)

Spent a few hours in NYC Housing court this A.M. on a housing complaint I brought against the owner(s)\landlord of the building where I make my home.
My first time there. A newbie, I.
Court papers stated court appearance would be at 9:30 A.M. so I was present in court (111 Centre St) at 9:30 A.M.(- 2 minutes) this morning (4/21/2005).
For approximately one and one half hours we just sat on the benches in the courtroom. Somewhere around 11:15-11:30 the judge came out of his chambers and sat behind his bench. Just sat there looking like I felt (would have preferred to have been sleeping myself). At this point most of the wheeling and dealing seemed to be going on with the lawyers, onsite HPD lawyers, and other court officers\regulars and a few tenants and a few other individuals I suspect were also tenants along with an actual building owner(s)\landlord or two actually present as well in the courtroom. Imagine that?
Basically you're told to wait until you hear your name and your building owner(s)\landlord's names called by the court officer (armed with a loaded firearm). After waiting a while the court officer started quickly reading from a list of names numerous names of people\parties who had been scheduled to appear in the courtroom this A.M. but had failed to show up. As it was the owner(s)\landlord of the building where I make my current home was called out as not having shown up.
Of course the usual nonsense was involved once again. When I mailed the "Order To Show Cause Directing The Correction of Violations" via US Certified Return Receipt requested option, I addressed it to Otto Associates, L.P. and of course someone managed to change that to OHO since I *may have* used a single line to cross both of the Ts in the name Otto rather than two seperate lines to cross both of the Ts and of course the New York City Housing court had the case also listed then as OHO... and not Otto... Expecting this sort of nonsense I picked up on it right away and was able to respond immediately when the court officer read from the list of names the names of those who had not bothered to even show up in court.
Informed that I needed to see the onsite (in the courtroom) HPD lawyers, I of course asked about the "slight error" in names. I made sure to point out that on the official New York City Order To Show Cause paperwork I had listed both Otto Ass... *and* the landlord's own full personal name. At that point the HPD onsite lawyer told me not to worry that it's was listed that way on the court file for case which he made sure to show me. Strange how they managed to drop that name from the court docket for appearance in court this A.M. when it was clearly on the court file for the case. Don't you agree?
In any case, the onsite HPD lawyer told me not to worry since I had "won" the case since the owner(s)\landlord of the building where I live had not shown up in court nor did anyone else representing them show up either.
And what did I win? I won yet one more copy of a list of violations found by the court-ordered HPD Code Enforecement Unit inspection\inspectors
in the building where I make my home.
At this point I told the onsite HPD lawyer that I was somewhat disappointed since I showed up in court fully expecting a court hearing so that I might have some assurance that the court would now become actively involved in the case. I pointed out to the HPD onsite (in the courtroom) lawyer I spoke with that I already had a bagful of HPD lists of code violations and wasn't particularly interested in adding yet one more to my collection of them. I told him that I would appreciate a moment or two to speak directly with the housing court judge. He, and the judge, granted me my wish. (Your honor: Can you turn me
into a frog because I can't take life in New York City as a rent-paying tenant any longer?)
The judge seemed pleasant enough but the best he could tell me was that should the building owner(s)\landlord, where I make my home, fail to make the repairs listed and which were found to be legitimate housing code violations by the court-ordered HPD inspection\inspectors there was a process that is in place to deal with that possibility. He did mention that he does have the authority to have building owner(s)\landlords who willfully disregard the orders of his court tossed in jail, but clearly indciated that wasn't a very likely outcome.
I did ask if I might file "additional conditions" at this time, other than those listed in my original complaint to the court. He told me I could not. When I asked him if I needed to start yet another housing court action against the building owner(s)\landlord, where I make my home, to seek the court's assistance in getting the BO\LL to make these additional repairs he indicated that there was that process and that is what I would have to do.
Try as I might to help him understand the nature of the building owner(s)\landlord in that they will comply only as far as minimumly necessary, if that, and at the very first opportunity they will flagrantly disregard any and all housing codes and laws at will. "But sir, what good does a gas stove in my room do me if I have no gas being provided for it?" Nada. "Why should I, as only a tenant, be the one who has to call FDNY to come and inspect the fire safety of the building and only after FDNY informs the building owner(s)\landlord's onsite management that all multiple dwellings in the City of New York require smoke detectors and that even then said smoke detectors must be fully functioning and
be properly maintained?" Nada.
He did give me as sort of a bonus prize a copy of a "Default Order and Notice Of Violation" which wasn't offered to me until I was granted a chance to speak directly with him and voiced my concerns. I asked if the court might be willing to accept my current month's rent and future monthly rent payments until the BO\LL has made the repairs to correct the violations (and I was hoping until they demonstrated that they do indeed take the housing laws, regulations and codes seriously), but the judge told me no and suggested I speak with the tenant lawyers in room 101 about withholding my rent payments.
I was told by the onsite HPD lawyer that I was not entitled to have the case file marked "Final against Landlord" when I specifically asked about that since as he explained to me this was only my first time in court on this complaint.
There you have it folks. At this point I expect I'll have to file yet another list of complaints to the court making certain to try and not leave out any that may slip my mind since there are quite a number and these people apparently could care less what the NYC housing court does or doesn't do to enforce New York City housing code laws, regulations and codes. Oh, it's a wondeful life here in NYC as a rent paying tenant. Could life be any sweeter or more just than this. *I* don't think so. Aloha. Peace.

Lizard~King

"I am not *ON* the Black list. I *AM* the Black list."
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[Aubergine]

Information from City-Wide Task Force on Housing Court:
http://www.cwtfhc.org/hpactions.html

If your landlord does not show up in court, the judge can still order violations corrected (repairs) or services restored. . . . After listening to your testimony and reviewing your evidence, the judge can issue a Court Order for the repairs/services.

If the judge issues an Order, make sure you get the index number of your case before you leave. The original Order will be on file but it may not be possible to get a copy that day. However, you can contact the court or the HPD attorney and ask for a copy when it is ready. Knowing the index number is important, especially if the landlord does not make the repairs on time and you need to return to court. You may also have to prove that you delivered a copy of the Order to the landlord in the proper manner.

Important: Your stipulation or the judge's order or should include a schedule of the repairs are needed and when they should be completed. It is a good idea to add a list of dates and times that you will be available to allow the landlord access to your apartment to make the repairs. This may help to avoid problems later if the landlord claims you were not home when s/he sent repair people to do the work.

FOLLOW UP AFTER COURT

If the landlord begins to make repairs, keep track of when they are completed and what work remains to be done. Be sure someone is in your apartment on the dates that have been agreed upon to let the landlord in. If the landlord asks you to provide access to your apartment for repairs and then does not show up, keep a record of these dates and any attempts you may make to reschedule.

If the landlord does not complete the repairs within the amount of time indicated in the Order, you will need to go back to court. The clerk will give you a Restoration Order for the purpose of civil penalties. This means that the landlord can be fined.

Important: Contempt filings can be complicated for a non-attorney. Be prepared for a tough fight. Landlords are rarely put in jail. If they are fined, the fines are often small. Several factors may help strengthen your case: a) keep good records, b) stay in close contact with the HPD lawyer and HPD inspectors, and c) organize other tenants in the building to take action as a group.

[wjames]

hmm...yes, similar experience.

I had health inspection reports of violations, HPD reports, and I lawyer from HCC. The housing court thing is a slanted system it seems to me geared toward getting the parties to settle. In my case the landlord naturally agreed to make repairs. Then didn't, and then hauled me back into court because I did not pay the back rent that I was holding.

Doofus landlord was not even aware that the super had not completed the work. So what penalty does the landlord suffer...nada! See, if you go to trial you have to win something like a 2/3 abatement of total held rent...which is rare. Abatement awards tend to be small. If the abatement award is not large enough, then the decision is still considered a, yep get this, a LOSS for the TENANT! And the landlord can then sue you for legal fees.

From my experience it seems that the better course of action is to keep a journal of problems, write letters to the landlord for all problems, and then after awhile if nothing is done, file a complaint with DHCR. They seem to have a lot more leeway in handing out awards and you suffer no threat of the landlord suing you for filing a complaint. If you dont win a financial award at DHCR and the landlord still doesnt make repairs then you still have witholding rent and housing court to use. But it seems that housing court is a crappy place to start.

Also if you suffer any damage to your belongings from landlord neglegancy you might also try suing them in small claims court. Although damages are limited there.

[Robert Fortune]

Aloha, Anna:

Thanks for the feedback. Yes, the in-the-courtroom HPD lawyer took the Official Post Office green and white receipt I had from the US Post Office when I mailed the original "Order To Show Cause Directing The Correction of Violations (H.P. Action) and stapled it to the original copy of the order that is in the court case file.
I had hoped that by the time I returned to court I would have gotten the Green card back from the US Post Office that you get when you send a letter via the US Post Office using Certified Mail Return Reciept which must be signed by the person who recieves the letter, but even though some 17 days had elapsed between the time I mailed the BO\LL the Certified Mail Return Receipt First Class letter I still haven't gotten that green back from the US Post Office. And it's only one (1) zip code away from my zip code.
Yes, on the "Default Order And Notice Of Violation" I was given by the court before I left the courtroom, it has the Index number on it.
Also the order stipulates 1) "That the respondent(s) "owner(s)* was\were properly served." and clearly states that the BO\LL has 20 days to make the court-ordered repairs (plus as I was told by the in-the-courtroom onsite HPD lawyer 5 additional days to allow the court time to deliver the court order to the BO\LL notifying them\him of the court order.)
Also the order clearly says that the BO\LL must give me 48 hours notice informing me when they intend to make the repairs and that they must do that between the hours of 9:00 A.M. and 5:00 P.M. and that if "the respondent's(s') workers do not arrive by 12 Noon, tenant need not remain in the apartment to provide access."
Oh, yes I am aware of the necessity of keeping track and records of each and every little thing that goes on between yourself, as a tenant, and the BO\LL and their employees or workers in their employ.
I only wish that like the lawyers, the judge and others in the housing court system we tenants were put on the payroll in order that like them we could pick up our weekly paycheck for the time\work we put in doing all this work and were also given the same health, sick days, retirement benefits package and paid vacation days. Hey, we can dream, right? Thanks again. Aloha. Peace.

Lizard~King

"I am not *ON* the Black list. I *AM* the Black list."

[Robert Fortune]

Aloha, Will:

Thanks for the feedback. Yes I *think* maybe where you were mislead was to allow the lawyers to accept an "informal" agreement between yourself and your BO\LL.
They (the lawyers) and the court system itself apparently prefer going that route. Mediation. The better thing to do, IMO, is to turn down offers by the BO\LL's lawyer(s)\HPD lawyer(s) to settle the case without direct involvement of the court\housing court judge in favor of an all out full courtroom hearing, perferably a jury trial, where hopefully you can get a reasonably intelligent and understanding jury who will listen to the facts of the case, and have no choice but to know that you as the tenant are being and have been getting a bad deal from the BO\LL and that the truth is on your side and will therefore find in your favor.
It's all just such a waste of time. You have to spend so much time to deal with it all that most people would rather just take the easy way out and settle as quickly as possible and hope for the best only to learn that doing that more often than not means that they get nada, but more of the SOS from their BO\LL. Aloha. Peace.

Lizard~King

"I am not *ON* the Black list. I *AM* the Black list."