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Court Date Next Week! Quick Question.

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Court Date Next Week! Quick Question.

Postby jrnnyc » Fri Oct 29, 2004 5:30 pm

Hello!

The facts...

Petition for non-payment arrived Wednesday with inaccurate amount owed. I can prove this with cancelled checks and receipts.

I answered today with a General Denial claiming that the petition was defective and that the rent claimed on the petition has been paid. Also, I counterclaimed due to breach of warranty due to LL's failure to provide repairs and services. (No painting since 97 and no gas for 37 days this past summer. Falling plaster and broken tiles throughout the place and mice, mice, mice!)

There is a minor (less than one month's rent) arrears remaining.

Should I pay the remaining arrears prior to the court date? If so, will the judge toss the case?

I would prefer the case NOT be tossed out so that I can get the apartment painted and the repairs made. I've learned from other tenants that unless the court forces the LL to make repairs, he'll do nothing. We have an 84 year-old woman in the building with no heat. She's one of many. I feel compelled to fight on behalf of the "little guys" everywhere. If the Red Sox can do it...

Any thoughts? Pay up? Wait for the judge?

Many thanks.

P.S. I saved today's glue trap surprise and am considering taking her to court with me as proof of infestation. 18 mice in the last 6 weeks! I'm counting (and naming) them. Should I take Little Susie with me?
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Re: Court Date Next Week! Quick Question.

Postby Anna » Fri Oct 29, 2004 5:53 pm

Be sure to ask for an inspection and repairs on your first court date: ask the officer when you sign in, ask the court atty for the form to fill out, ask the judge or court atty when your case is called.

IF you bring the mouse, put it in a plastic box (w/clear lid?) inside an opaque bag. Be very respectful when you offer it: judges, court personnel, and the other tenants are people and some are very squeemish around rodents, dead or alive. You wouldn't be the first to bring uninvited pests into court... but photos are a better idea. Buy today's paper, take a picture of the paper and the trap where you had originally placed it.

Check the current HPD bldg violations today on HPD Online at nyc.gov/hpd.
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Re: Court Date Next Week! Quick Question.

Postby jrnnyc » Fri Oct 29, 2004 6:37 pm

Thank you! Yes, I'll take the photo with today's date, although I'm sure I'll catch 2 to 5 more prior to Monday's rendezvous at 111 Centre Street.

Any thoughts re: paying arrears in full?

I assume I should DEFINITELY not pay the "legal fees" listed on the petition.

Yes? Maybe? Thoughts?
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Re: Court Date Next Week! Quick Question.

Postby BronxRenter » Fri Oct 29, 2004 11:04 pm

I wouldn't pay it until the judge tells you to pay it. Make sure that you have the money available, in case he does.

You might end up with a rent abatement, and could not have to pay for awhile.
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Re: Court Date Next Week! Quick Question.

Postby HardKnocks » Fri Oct 29, 2004 11:13 pm

You don't owe legal fees until the judge says you do.
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Re: Court Date Next Week! Quick Question.

Postby tenantTomasz » Sat Oct 30, 2004 2:36 pm

I basically agree with what Phil on the Job said. Considering all that the LL did wrong the reduction in rent is quite likely.
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Re: Court Date Next Week! Quick Question.

Postby RentTenant » Sat Oct 30, 2004 5:08 pm

I had to share here...

First, if the conditions of the unit are as you described...Falling plaster and broken tiles throughout the place and mice, mice, mice!)

Then it sounds to me that the LL is clearly in violation of Real Property Law § 235-B..Warranty of Habitability..where it states...

§ 235-b. Warranty of habitability. 1. In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such
premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.
When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.

**NOW, would you call the conditions you described "fit for human habitation"?... according to even general standards..hhhmmmm...mice sharing quarters...I don't think so...Mr. LL!

Hold your monies and go to court. Like the others here have advised....let the judge decide.

However, on the note about escorting the mice to the judge for a personal appearance.....I don't think so!....You're kidding us seriously!....I suggest between now and your court date, in addtion to any photos you already may have...obtain use of a hand held digital camera that will record for you, the mice activity that you might not be afforded with just a shot. Therefore, the judge may view it more professional and discreet, respectful of the system and very effective in making your argument successful.

Its been my experience that when you go to court...the courts are looking at this as professional as possible....and how you conduct yourself even down to your evidence is being scrutinized....so I learn approaching it this way is effective.

Otherwise, go before an unsettled judge that morning or DAY and you never would of guessed the outcome.
PrivateTenant
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Re: Court Date Next Week! Quick Question.

Postby jrnnyc » Sun Oct 31, 2004 8:59 am

Thank you, thank you and thanks again! Your advice has offered much comfort in this unfortunate time. In a perfect world, we'd be offered compensation for lost sleep and upset tummies and every other symptom of LISS (Landlord Induced Stress Symdrome.)

As for Little Susie, I'll take her 8X10 glossy and a few other snaps of the tiny gifts she and her colleagues leave behind.

Thank you again, all, for taking the time to help a scared and confused soul.

JRN
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Re: Court Date Next Week! Quick Question.

Postby epennyj » Mon Nov 15, 2004 8:53 pm

Hi, we've been to court with our landlord too. Did you file any complaints with HPD? They will come to your apt and fill out violations for you as will the Dept of Health(mice infestation). DOH wants to see mice turds! It takes about 2weeks for the violations to appear on the HPD website which you can get online (Go to Google and input HPD). It's simple. The best defense is to go to HPD's office at 125th ST and get a certified copy of the violations to present it to the judge.(They will not accept any documents that are not certified !!!)

Also, In your answer to the court I hope you wrote a paragraph that you wish to countersue your landlord for "breach of warranty of habitability."Then you list the complaints. Without the countersuit you can't get a rent abatement.We countersued our landlord once, based on complaints and also had our gas turned off. We proved that the landlord never offered us another way to cook (hot plate) and had to eat out.We showed receipts from restaurants.The judge awarded us 1 1/2yrs free rent and a check to have our apt painted.

Good Luck ! Don't pay your rent till the judge tells you to do so, as your defense is that you are withholding your rent until the violations are fixed!!
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Re: Court Date Next Week! Quick Question.

Postby epennyj » Mon Nov 15, 2004 8:56 pm

FORGOT to mention. When you go to court, get a continuance (tell them you'll be away from Thanksgiving until Dec 20th) then they'll set it up for January and you'll have enough time to prepare your defense.
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