TenantNet Forum

Where tenants can seek help and help others



Eviction -- now

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Eviction -- now

Postby Praz » Wed Dec 29, 2004 2:04 pm

It's like my recent posts over little details I was curious about materialized another Bklyn Housing Court nightmare. Just after that (last week) I returned home to find a marshal's eviction notice on my door.

They have no grounds. How can they do this? Now I have to go prove I paid up everything and then some. (This might be tough because I had 3rd-party assistance, i.e. cancelled checks don't come back to me.)

Sounds easy enough, but since I can't get any information about the (supposed) grounds, and the case is still churning away, I wonder if somehow you can get evicted even if they're wrong about everything, just by screwing up some piece of procedure.

For instance, I did what they told me to and mailed off the Show Cause notices. But now I see a page (on my copy) I didn't see before, "Affidavit of Service." Nothing on that form matches what the court had me do. Nobody told me to do anything with that page.

This might be a tiny detail and not worth worrying over, but on the other hand it might not. It's the "might not" part of these things that turns intelligent people into baboons who can't figure out how to deal. But, then, this is basically harassment, which I guess they can get away with (no DHCR to call, in my case).

Does "wrong procedure" equal "not contested"?

I have one day to figure this out. Court's closed Friday, court date is Monday.
Praz
 
Posts: 35
Joined: Tue Jun 29, 2004 1:01 am

Re: Eviction -- now

Postby Anna » Thu Dec 30, 2004 1:21 am

Take all your papers to the pro se office at housing court tomorrow. They will help you.

If you're receiving 3rd party, you probably qualify for Legal Aid, Legal Services, many other free lawyers. Why are you doing this alone?
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan

Re: Eviction -- now

Postby Downtown » Sun Jan 02, 2005 11:20 am

If you sent this as directed RRR (return receipt) that is sufficent...just bring with you.
Show up at pro se's office at least an hour earlier to be first...they get very busy.
Also bring whatever proof you have of payment...at least agency name (any forms etc) and who contact person is.
Downtown
 
Posts: 1386
Joined: Sat Jun 08, 2002 1:01 am
Location: NYC, NY


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 75 guests