Landlord petitioning for non-payment: Rent history break

[I.M. Losingit]

I live in a rent-stabilized SRO hotel in NYC where the permanent tenants pay by the day if they want to. LL is in court with me for non-payment. Isn't it up to the LL to provide a rent payment history to prove his case?

LL refuses to provide this info.
At this time, LL has not asked to put our case back on the calendar, leading me to suspect he was doctoring the books in the past, and is in a bit of a quandary.

So, is it the LL's responsiblity to provide a rent-payment history to back his claim that I am in arrears, and how many days I owe?

TIA.

[Anna]

Yes, LL must prove his case if you go to trial; to do that, LL would bring an accounting of your payment history (his version). Ts can get this before trial by requesting it, sometimes thru 'discovery', sometimes thru other vehicles: see the pro se office aka 'Resource Center' at court: people there will help you ask for it correctly.

Why is the case 'off-calendar'???: this is very unusual in NPs.

[I.M. Losingit]

There is a stipulation between me and the LL, and the deadline passed almost 3 weeks ago. LL has refused to provide a rent payment breakdown to my attorney, for reasons that I should probably be discrete about in a public forum.
Meanwhile, 2 other tenants in this same flophouse are also in court with the LL, who is rather sleezy. I will be testifying in the upcoming trial of one of my co-tenants. I have also discovered that practically everything about this flophouse is illegal or in violation of HPD and DOB rules, not to mention FDNY rules and regs too. The list is endless. Does this provide any insight to you as to why the LL is in no hurry to put my particular case back on the calendar? (This is not a rhetorical question, I really would like to know what's going on.)
My attorney is quite competent, but very overworked and I'm only one of perhaps hundreds of poor tenants being represented by his firm, so I like to read up, research, and learn.

<small>[ October 22, 2005, 02:51 PM: Message edited by: I.M. Losingit ]</small>

[TenantNet]

If you have an atty, then he/she should know how to get this information. Anna, there is no discovery as-of-right in Housing Court. The court would have to grant that. However, there are other devices. A "Bill of Particulars" or a "Notice to Admit" allows one party to push or pull for evidence; these are essentially motions and the receiving party can fight them, but really it depends on what is asked. A Notice to Admit example would be if you submit a copy of your lease and force to LL to "admit" whether or not it is a true copy. A Bill of Particulars might require the LL to specify with detail things like your rent history.

Hawk or Augerbine - feel free to jump in. I'm not an expert in things like this.

<small>[ October 20, 2005, 08:49 PM: Message edited by: TenantNet ]</small>

[Anna]

Yes, I know that & I'm not about to go into all the gory details re discovery here, esp for this tenant.
Free help is available to him; he must learn to use it. Since he seems to be allergic to Legal Aid & the other non-profits (read his earlier posts), I advised: "Ts can get this before trial by requesting it, sometimes thru 'discovery', sometimes thru other vehicles: see the pro se office aka 'Resource Center' at court: people there will help you ask for it correctly."

[I.M. Losingit]

Originally posted by Anna:
Yes, I know that & I'm not about to go into all the gory details re discovery here, esp for this tenant.
Free help is available to him; he must learn to use it. Since he seems to be allergic to Legal Aid & the other non-profits (read his earlier posts)...

I appreciate all help, but I AM being represented. Did you read my previous post above?
I am not "allergic" to the various subsidised forms of legal representation!
Does that preclude me from asking questions here???

The firm representing me has great folks working there, but they are all carrying a very very _heavy_ caseload, so that's why I'm seeking further advice here, not to mention getting different opinions and perspectives on my situation.
BTW, there are almost 40 Permanent tenants where I live, and I do my best to _share_ knowledge and try to get them to stand up for their rights and maybe even get together and fight as a group.
As a result of this, the LL is viciously targetting me and the other 2 litigants and I could really, really use advice and comments that are productive, and NOT a dismissive attitude!
Anna, I always get value from your posts and appreciate them, and in kind, I'm always ready to share my particular expertise in Cimex Lectularius where needed, and I've even contributed $ to this site. I'm not sure what I've done to deserve your comments, but I can assure you don't know me, though I must remind you of someone you don't like.
I have _no_ problem with you sharing the gory details of discovery, or providing links: after all, I'm here to _learn_ so that I can help myself AND the other tenants where I live.

<small>[ October 21, 2005, 05:15 PM: Message edited by: I.M. Losingit ]</small>