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Length of Trial

NYC Housing Court Practice/Procedures

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Length of Trial

Postby HAJ77 » Tue May 07, 2002 10:43 am

I am about to start the process of being evicted from my rent controlled apartment, which I've lived in for 20yrs with my Dad until he passed. Now, a year later they want me out saying I don't have rights. Anyway, does anyone have a ball park idea of how long this takes. My lawyer said it could be from 10-20 hours of billable time, but couldn't be specific. Anyone been thru the process have an idea?
Thanks
Harry J.
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Re: Length of Trial

Postby Cranky Tenant » Wed May 08, 2002 12:44 am

It would be much more helpful if you could descrobe what stage you're in. Do you have a trial date? What papers have you been served with?

The number of hours your lawyer will bill probably depends on whether the case gets adjourned and how much work you're done on your own.
I'm a cranky tenant NOT a cranky lawyer.
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Re: Length of Trial

Postby HAJ77 » Wed May 08, 2002 8:56 am

I've just finished the discovery hearing on my own without a lawyer and have a court date in June. I am still waiting to be served with the papers from the discovery. On my own, I have collected most of the paper work. Birth Certifcates for myself, both my parents, the orignal lease with my dad's name, his death certificate, my parents divorce papers, my school records, tax records, pay stubs, and notarized letters from my family and neighbors stating that I've been there since birth except for 4yrs of college in the mid-90s, but I've been back since 97 and have all of those records. Thanks for any advice.
Harry J.
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Re: Length of Trial

Postby Cranky Tenant » Fri May 10, 2002 4:10 am

Twenty three months ago I filed a Lease Renewal Violations complaint with DHCR. Although I had lived in the apartment or years, and paid the rent, I wasn't on the lease and the LL claimed I was there illegally.

Several months later he took me to court. I just gathered up all my papers, and eventually the LL agreed to give me a lease before the trial began.

Today I received letter from DHCR ordering the LL to give me a lease.

The law on this is pretty clear cut. I you've been living in a rent stabilized or rent controlled apartment, and are an immediate family member sharing in the expenses and or paying the rent, you have the right to remain in the apartment.

My feeling is, if you have all the paperwork, and feel you can present it in an organized manner, you really don't need a lawyer to prove succession rights.
I'm a cranky tenant NOT a cranky lawyer.
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Re: Length of Trial

Postby consigliere » Fri May 10, 2002 4:56 am

Does the lease have a provision for the landlord's attorneys' fees? If so, you might be able to get your attorneys' fees from the landlord if you win your case.

To keep expenses down, you (or an attorney) could bring a motion for summary judgment, to dismiss the case. From all the evidence you've mentioned, it seems clear that you have succession rights.

.
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Re: Length of Trial

Postby HAJ77 » Tue May 14, 2002 9:34 am

Thanks for the help. My lawyer also suggested ending it before trial and will be conctating the LL. Thanks again.
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