legal question

[gotpup]

rent stabilized manhattan tenant being sued in mineola supreme court for 100000
for unspecified 'alterations' to my apartment.
(landlord receives rent payments in nassau county)
Landlord also suing in housing court for 'replacing' my dog. which died after 17 years.
A previous 2005 suit in housing court (alleged rent non-payment)
was tossed by judge.
My question regards the law re accepting rent
payments,
my tenancy is now terminated(april24)
re' the new dog.
my next court date re'damages' is may 15 in mineola.
my rent for april was accepted/cashed.
Do i have any wiggle room ?
No more money to continue fighting .
And not much spirit either.
Thanks for any help.

[HardKnocks]

http://www.tenant.net/Rights/pets.html

"What happens if a tenant has had a pet for many years, but the pet dies? Can the tenant get a new pet to replace the old one under the "Pet Law"?

For years, case law had confirmed that any "no pet" clause was waived years ago by the keeping of a first pet. Once the "no pet" clause has been waived for the duration of the tenancy, it is not revived by the introduction of any new pet, whether it be a replacement for a deceased pet, a second pet, or possibly even one of a different species than the first. Recently appellate case law has limited the New York City Pet Law waiver to a "per pet" basis. In other words, the reintroduction of each new pet revives the three month waiver "Pet Law" period in which the landlord may enforce a "no pet" clause. Legislation is currently pending before the City Council to codify the "per tenancy" waiver interpretation.

In addition, recent decisions suggest that if a pet is kept for a period in excess of six years, the landlord may be barred from enforcement of a no-pet clause by the six year statue of limitations which applies to actions based upon contracts. That pet and any subsequent replacements may have the benefit of the defense of the statute of limitations if pets were kept for a period in excess of six years with no significant hiatus between pets. The landlord may be barred from enforcing the no pet provision due to the six year Statute of Limitations which applies to contracts, even if the landlord acts immediately, within the three month Pet Law waiver period to enforce a no pet clause against the second dog."

[gotpup]

thanks so much for that link but that info becomes very abstract
once the concrete reality of the dog is in place.
i am very gratefullfor your time, though.

[HardKnocks]

How long passed between getting the new dog (sorry for your loss, by the way) and your LL filing an eviction case regarding the new dog? Did your LL know for at least three months that you had gotten a new dog? Unlike a cat, it's pretty hard to keep a dog under wraps for long... they have to be walked at least twice a day and they do bark. It always amazes me how LLs claim tenants managed to hide a dog.

[gotpup]

thank you thank you again but i have been all over the three month notorious thing,,
he and the super will lie.
my immediate problem is the $100,000
damage
suit in supreme court..

[necii]

sorry about your dog. but regarding the 3 month thing...did the landlord commence any action (letters, notices to cure, etc) regarding the dog before the 3 months was up?

i'm a bit confused...
what could possibly constitute "unspecified" alterations to your apartment? do you have photos of when you moved in and when you moved out (basically anything to show whether "alterations had been done"

so basically:
--you were evicted for having a new dog? since you have moved out you have essentially "cured" the problem, no?
--you have been paying your rent including the entire month of april although you moved out on the 24th? or you've been requested to leave but you have paid thru the entire month?
did a court order you to leave?

what does your lease specifically say regarding having another dog or how damages are assessed?
as for the $100,000 th LL is seeking... i cannot imagine what would warrant that much money!

i am sure they could advise you on how best to proceed.

stay strong. sounds like your landlord is an idiot.

read the article in this section about the court awarding extensive fees to the tenant and their attorneys
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[Anna]

1. the dog:
If you have no lease or your lease does not have a no-pet clause, LL cannot evict for this reason.

If you have a typical lease w/ a no-pet clause then:
LL must COMMENCE eviction proceedings against you within 3 months of his knowledge of the dog.
Commence = file the petition in court, not send notice to cure or termination notice.
LL's knowledge includes all of his employees, including doorman & super.
"In its plainest reading, the Pet Law provides that once a pet is harbored in a multiple dwelling (a building with three or more residential units) for three or more months, openly and notoriously (not hidden from the building’s owners, agents, and on-site employees), then any no-pet clause in a lease is considered waived and unenforceable."
Read everything on TN re the NYC Pet Law, § 27-2009.1 of the Administrative Code of the City of New York, including the HCDs where Ts have won these cases. search, 1. above left 2. http://tenant.net/ and 3. http://tenant.net/Court/Hcourt/
for PET LAW and separately for 27-2009

READ the booklet re holdover evictions: http://www.tenant.net/Court/Howcourt/contents.html
for general knowledge & other defenses, esp defenses re content of & service of those notices & the petition.

Then write down this pet's history & bring all your papers [lease, notices, petition, vet bills, etc] to a T-clinic or the Resource Ctr at HC AND ALSO contact Assoc of the Bar of the City of NY www.abcny.org [they have a division that specializes in pet law]

2. Mineola:
in general:
a. your apt is in Manhattan, that's where LL should sue you. (could be LL is required by law to sue only in Manhattan because that where apt is located, but don't have time to look that up right now... )
b. LL cannot sue for damages until after you vacate the apt.
c. LL might be able to sue to apply for an injunction to force you to remove alleged alterations.
d. LL could sue for eviction for alterations now, & should have included that reason in pet notices & petition.
e. did LL file lawsuit in Mineola before or after serving notices or filing eviction proceeding in Manhattan? VERY important...
f. get help from T-clinic in Manhattan re how to get Mineola dismissed or at least transferred to Manhattan ['change of venue'].

[gotpup]

You people are amazing,
I wish I could do something for you
someday.
maybe i can...more about that later.
I have been trying my best to be brief, but the
landlord is a master obfuscator.
Here is a timeline....

been here since 82
current rent 1500
one bedroom not renovated
east side upper
6 floors, 54 units
super lives in.
landlord' lives here 'since last year
but lives a gazillion other places too.

LL has been rattling my cage since he bought and cooped building in approx. 1988.

long string of paper trail..bazarre accusations, refusing checks, 'never receiving' checks, lawyer letters ect.

late 2005 he 'never recieved' eight months of checks, sued for eviction in HC.

He got handbagged by judge for various reasons(as I would have if I would have opened my mouth)
Case was tossed, I assume, as I never heard another word, except for bills for his attorney.

Sometime in 2005 I recieved a letter from :LL
claiming I had 'removed my kitchen sink and cabinents"

I had not removed anything, just taken off 6
hinged doors to have pain stripped off.
doors are back on.

landlord sent super to take pictures,

Rescued pooch delivered to me Dec. 14.
adoption papers dated dec 11.
i walk dog as normal, not expecting that bullet.
dog looks like other dog though.

jan 2006, no problems.
feb 2006, landlord 'did not receive' rent.

I freaked, called an attorney recomended by my accountant, send two months check to my attorney to
send to landlord.

LL' found' Feb check, cashed it on Mar. 1
LL cashed double (feb/mar)check on Mar 13.

April rent bill from LL shows no arrears,

my Attorney calls in march and asks why I did not tell him about the Civil court suit.

"what suit' was my answer.
"the papers were attached to your door, and also mailed (reg mail)."

never saw, never got.
and never answered, therefore 'default' was filed.

My attr.. went to mineola to meet judge/other attorney and new date is May 17.

summons sayes i 'breached my lease'
'by making changes alterations and or improvements' about late 2004/05
and caused'material damage' to premisis.

50. 000 landlord damages
50.000 'prima facie tort'

Attorney needed another 4000 dollars and
I have zip left.
so no attorney.

cure for dog........mar 22
terminate mar 27

no 'evict' as yet...possibly today.

What a country, huh?
I am trying to maintain a sense of humor.
sorry this is so long.
and thank you again!!!!!

[Aubergine]

Originally posted by Anna:
b. LL cannot sue for damages until after you vacate the apt.

A landlord may bring an action against a tenant for waste. RPAPL 801, 803, 831. Recovery of compensatory damages for waste is expressly provided by statute. RPAPL 815.

RPAPL article 8:

http://caselaw.findlaw.com/nycodes/c100/a10.html

[Aubergine]

Is there a "forum selection" provision in your lease that provides for trial of damages actions arising from the lease in Nassau County? If not, CPLR 507 states,

"The place of trial of an action in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property shall be in the county in which any part of the subject of the action is situated."

This provision would be a basis for a change of venue motion.

[gotpup]

Thanks again, everybody.
have not seen a copy of my lease since the old landlord...1980's.
i'm certain it was a standard document.
the original landlord was an amazing and wonderful man.
who died, of course.
waste, huh?
removing 30 years of paint from six cabinent doors is waste.
well, there you go..
The LL is wasted.
This is an old story is it not?

I'll try to follow as many of your suggestions
as possible.
but I am looking at homelessness...
every woman's greatest fear.
I am very greatful for all.....

[Downtown]

Hang in there.
Did your ex atty. bring up a change of venue when he met with judge. Can you afford to hire a Mineola atty. to present this.
Would also suggest that you contact your city councilperson's office and get them involved. This is blatant harrassment to get a tenant out to turn over to coop.
The pro se's atty office is located within housing court. Free legal advice (they are very busy so would recommend that you get there early with all papers, lease).

[jc1305us]

This is a case where a meeting in an alley would solve everything. Let's fight it out! But then again, there are very few 'Gentlemen' left. A shame, that these LL's can basically break you with lawyers. Good Luck!