Moving Non Payment Action To Civil Court

[BronxBomber]

I was able to get an OSC to vacate a default judgement/eviction that was entered against me. Since I am no longer a tenant, it was moved to civil court. Has anyone had that expereince? If so, how does this work, are they more lenient and more likely to follow the law as it is written then in Housing Court? The building didnt have a c of o when I moved in, nor were they registerd with DHCR even though they are rent stabilized, previous court rulings in similar cases showed where the judge denied the landlord the ability to collect the rents when there was no c of o on the building. I know that in housing court, at times those things go unnoticed but I wanted to know if civil court will make a difference.

<small>[ March 09, 2005, 02:32 PM: Message edited by: BronxBomber ]</small>

[Anna]

Your eviction proceeding was transferred from Housing to Civil because you no longer live there, e.i. LL cannot sue for possession because he already has it. NB: Ll also cannot use an ejectment proceeding for the same reason.. LL can sue ONLY for money at this point: verify what type of action is now in Civil, get ejectment dismissed.

Both courts should follow the same laws and precedents re lack of CO.

Civil Court takes months and years vs HC days and weeks...

ps: please change your heading: an HP Action is where tenant sues LL for repairs: no eviction involved. Your LL sued for non-payment in an eviction proceeding, right?

[HardKnocks]

Anna, then why was my ex-landlord permitted to bring a non-payment case against me in Housing Court when I had moved out two months earlier, and they had a new tenant signed for my apartment before I even left? (I was not behind in my rent when I left.)

Why, when I made it clear when I answered the petition that I was no longer living there (and someone else WAS), was this case still accepted in HC and I still had to appear?

[BronxBomber]

Originally posted by Anna:
Your eviction proceeding was transferred from Housing to Civil because you no longer live there, e.i. LL cannot sue for possession because he already has it. NB: Ll also cannot use an ejectment proceeding for the same reason.. LL can sue ONLY for money at this point: verify what type of action is now in Civil, get ejectment dismissed.

Both courts should follow the same laws and precedents re lack of CO.

Civil Court takes months and years vs HC days and weeks...

ps: please change your heading: an HP Action is where tenant sues LL for repairs: no eviction involved. Your LL sued for non-payment in an eviction proceeding, right?

Anna:

Its an order to show cause to vacate judgement and restore to the calendar. And how to I get the ejectment dismessed and can I do that since I was technically evicted, I was living in the apartment and received an eviction notice and moved after an orginal OSC was denied

<small>[ March 09, 2005, 02:49 PM: Message edited by: BronxBomber ]</small>