how do I colect damages

[saheeba]

Good evening all
I have recently won an HP contempt proceeding pro se and the Judge's ruling has set down a hearing date for damages and expenses for later this month. I was out of possession for close to 3 months (rent stabilized tenant).

Question(s)
1. could the Judge have awarded damages at same time as his ruling in my favor on the contempt or is it standard operating procedure to only award damages via a separate hearing

2. how do I prepare for a damages hearing; what do I need to do to prepare so I dont get 'blindsided' by ll's attorneys, when I am so close to the finish line

3. how do I not get blindsided by ll's attorneys and get to collect the considerable out-of-pocket I have incurred during this 2 year ordeal.

4. is there then a separate hearing for legal fees
(I had attorneys...but ultimatley had to go pro se because of the excessive rape & pillage of my former counsel)
5. any help on how to prepare for a damages hearing....any resources to suggest

Thanks for any and all guidance....I am scared of winning the battle but somehow losing the war.

[Anna]

Most 'damages' incurred by T cannot be recovered in an HP Proceeding except attys fees (if your lease provides for them) and relocation expenses (if necessary to accomplish the repair). Any fines for violations and awards for contempt go to NYC and/or the courts, NOT the Ts.

Your Qs:
1. file a claim for all damages in Small Claims court (if total is less than $5000); ask that the two cases be consolidated (heard at the same time by the HP judge, instead of the SCC judge).
http://nycourts.gov/courts/nyc/smallclaims/pdfs/smallclaims.pdf
If > $5k, go to Civil or Supreme (>$25k) Courts' websites

2. same as for any other court appearance. see advice for defending an eviction proceeding and for sueing in SCC. search these forums & TN website.

3. see 1 & 2.

4. yes, you request the hearing, judge sets the date, your attys must justify the expenses. contact your former attys: they know how to do this.

5. see above.

For basic info on the scope of HP proceedings (where T sues LL & HPD to get repairs):
http://www.tenant.net/Court/Howcourt/nyccc110.html
http://nycourts.gov/courts/nyc/housing/repairsvideo.shtml
http://www.tenant.net/Court/cwtfhc/index.html
http://nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf
http://www.tenant.net/Other_Laws/HMC/new/index.html subchapter 5, sect 27-1110 et al.

AT1 decision which suggests that your relocation costs can be awarded to you by the HP judge (print out a copy from Westlaw http://government.westlaw.com/nyofficial/default.asp?tempinfo=HOME

Raymond M. FARBER and Joan A. Farber, Petitioners-Tenants-Respondents,
v.
535 EAST 86TH STREET CORPORATION, Respondent-Landlord-Appellant,
and
The Department of Housing Preservation and Development, Respondent.
No. 01-407.

Appellate Term of the Supreme Court, First Department
Feb. 4, 2002.

Respondent landlord appeals from an order of the Civil Court, New York County, dated March 28, 2001 which, after a hearing (Margaret Parisi McGowan, J.), directed it to correct violations of record and to pay the reasonable costs of relocating the petitioner tenants while repairs are made.

Present: Hon. STANLEY PARNESS, P.J., Hon. WILLIAM J. DAVIS, and Hon. LUCINDO SUAREZ, Justices.

Order dated March 28, 2001 (Margaret Parisi McGowan, J.) modified by vacating so much thereof as directed respondent landlord to pay the reasonable costs of relocating petitioner tenants while floors in the apartment premises are repaired; as modified, order affirmed, without costs.

Petitioners in this enforcement proceeding are the proprietary lessees of cooperative premises. They sustained flood damage to the apartment floors in July 1997 as a result of torrential rains which caused an overflow from the uncapped drain pipe on tenants' enclosed terrace. After an inspection, DHPD reported five violations, including one requiring the repair of the wood flooring throughout the apartment. The cooperative corporation does not contest its obligation as statutory owner to remove the Housing Code violations (see, McMunn v. Steppingstone Management Corp., 131 Misc 2d 340). We modify only to the extent of vacating that part of Civil Court's order directing that the cooperative pay the "reasonable costs" of relocating the tenants while the repairs proceed. We do not find preponderant evidence that such relocation is required. Although a tenant may voluntarily elect to vacate during this process, there is record evidence that similar repairs have been effectuated in other apartments in the building on a room by room basis while access remained available to the tenant.

To the extent Civil Court determined that the flooding was attributable, in part, to the building superintendent's uncapping of the drain pipe, such finding does not comport with the weight of the evidence. In any event, the issues of causation and ultimate responsibility for the repairs under the proprietary lease should be resolved in the Supreme Court action commenced by tenants, which preceded this HP proceeding.

This constitutes the decision and order of the court.

I concur.
Copr. (c) 2005, Randy A. Daniels, Secretary of State, State of New York.

N.Y.Sup.App.Term,2002.
Farber v. 535 East 86th Street Corp., Department of Housing Preservation and Development
END OF DOCUMENT

[Anna]

Compensatory damages are not taxable; these include reimbursement for actual expenses and rent abatement.

Judges rarely, is ever, award any damages to T in a HP Proceeding. Did you also sue in SCC?

from two more new threads started today:

Originally posted by saheeba:
I have an upcoming damages hearing and might recovery personal expenses for lodging/meals while out of possession due to the landlord.

Question: is this recovery taxable, if it is awarded as a damages award? This is money I actually expended and it is unlikely that I will recover the full amount.

Is a Judge (in Housing Court) as part of a damages hearing, allowed to consider and find for a rent abatement or for an adjustment in monthly rent in lieu of or in additon to an actual monetary award.

[Anna]

Interesting decision published today online w/facts similar to OPs:

After years of DOB violations for unsafe bldg conditions, including neglect of facade, T filed a HP Action. LL-respondent stipulated to fix problems but instead acquired more violations, paid fines, but did not fix the problems in a safe & timely manner. DOB slapped a vacate order on T's apt due to unsafe conditions made worse by LL's illegally unsafe repair methods. T was out of possession for 75 days. T filed for contempt, atty fees, damages.

The Judge found LL in contempt & liable to T for damages (living expenses while out of possession) & atty fees. T, however, did not produce the right kind of docs during or after the last hearing. Judge adjourned to allow T "to try to prove her damages with specificity and under the rules of evidence. This will also allow respondents, now that they have the bills, to cross-examine her about them and to introduce any other evidence they deem advisable."

http://www.courts.state.ny.us/reporter/3dseries/2006/2006_50339.htm
(note: there was another decision published in 2005 in ths HP Action)

This T & OP MUST learn & follow the rules of evidence re their expenses. They must be prepared to introduce these docs correctly & must have admissible docs and/or witnesses to verify them. Perhaps the pro se office at HC or the litigation specialists at HPD can help.

T would be well-advised to contact her former attys or subpoena them to attend next hearing to defend their fees/expenses. She might re-hire them for the whole hearing, to ensure that her expenses are properly introduced & to prevent LL-atty abuse during the cross-examination.
If she fails, she will not be reimbursed.

<small>[ March 14, 2006, 11:57 AM: Message edited by: Anna ]</small>

[Aubergine]

Originally posted by Anna:
Interesting decision published today online w/facts similar to OPs

Indeed. It certainly sounds like it may be the OP's case. If so, and if the tenant had a lawyer but fired the lawyer before the contempt hearing, then all I can say is good luck. Here is a judge who appears to be making every effort to grant damages AND attorney's fees -- if the party seeking that relief will simply back up her claim. Why in the world this tenant would want to push her luck by continuing to proceed pro se is totally beyond me.

[Anna]

Originally posted by aubergine.:
Why in the world this tenant would want to push her luck by continuing to proceed pro se is totally beyond me.

AGREE.

Two most common reasons:
T ran out of money / atty fees grew much more than she could bear...
Attys granted too many adjournments w/ not enough repairs in return...

Both reasons are now moot: she should hire those attys back & win her reimbursements!

<small>[ March 15, 2006, 11:07 PM: Message edited by: Anna ]</small>