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Timeline on harrassing tenant eviction

NYC Housing Court Practice/Procedures

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Timeline on harrassing tenant eviction

Postby LSimone » Fri Apr 06, 2007 5:43 pm

My downstairs neighbor has harrassed me out of my apartment by banging on his ceiling for hours, late at night and early morning, and I'm wondering if anyone has any idea of the possible timeline of the eviction procedure.
This tenant is, my landlord tells me, quite behind on rent. He has written threatening notes to other tenants who subsequently moved out, sexually harrassed a woman tenant who got a restraining order and then moved out, all part of a consistent pattern of behavior over hte past several years.

The problem is that my landlord probably will not present all this evidence. He told me a judge would consider it irrelevent. I'm guessing that actually he is worried that it reflects his own negligence or even, perhaps, effective constructive eviction.

I gave my landlord's lawyer a list of the events whenever I had a witness. I have about seven witnesses, willing to give affadavits.

Ten day eviction notice was served on around the end of February.
After that, eviction papers went into court, I was told, ten days later.
Still waiting for a court date.

Any guesses on possible timelines for when the tenant might actually leave? Longest, shortest possible???

Any help is appreciated.
LSimone
 
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Re: Timeline on harrassing tenant eviction

Postby TenantNet » Fri Apr 06, 2007 5:56 pm

LSimone wrote:Ten day eviction notice was served on around the end of February. After that, eviction papers went into court, I was told, ten days later.


Based on the context of what you said, it sounds as if the tenant was served with a Notice to Cure or a Notice of Termination. That is not the same thing as a Warrant of Eviction.

If that's the case, they haven't even gone to trial yet. You need to find out upon what grounds the LL is bringing the case.

If you really want to put pressure on the LL and based on what you said in your post, it might be good to get your own atty and go after the LL, as it's his responsibility to maintain a safe premises. Don't rely on the LL to do it voluntarily.

Also, the courts are adverse to just kicking tenants out. And generally we agree with that. In a forum like this, all we can do is accept as fact what you've indicated as this forum is not the arbitor. If the tenant corrects the objectionable behavior, it may satisfy the courts. (which may not be what you want though).
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