DHCR evidence for other apartment – Admissable?

[NODEAL]

I recently encountered this problem in a hearing in L&T Court.

The Court Attorney was hearing preliminary arguments (between me and landlord) and when I attempted to present a DHCR decision for another apartment (right next door to mine) the Court Attorney, at the urging of the landlord’s attorney, said that it would not be admissable.

What can I do to make such evidence admissable?

The neighbor’s apartment is of the same Class as mine.

[TenantNet]

What do you mean "same class?"

IMHO the court attorney was expressing his opinion. I don't think he can decide whether or something is admissible ... that being the power of the judge. Also you weren't in a trial. Perhaps he was simply saying that if it goes to trial, it might not be admissible.

You have the right to argue whatever defense you want. The case may make a point of law, or it may describe other things going on in the building that might impact your istuation.

But in the end, Housing Court judges, court attorneys and LL lawyers have their old boys club, which is why tenant absolutely might have an aggressive lawyer. Otherwise they will walk all over you.

What judge is this?

[NODEAL]

I should have retained the judge’s name to whom which the CO reported.
Since we didn’t get to trial…well I guess I was a bit sloppy here.

Same Class - Both are Class ‘A’ apartments in accordance with Dept of Building standards. Both are also rent-stabilized. In a nutshell, I make this reference in order to establish that what applies legally to my neighbor’s apartment should also apply to my apartment in respect to housing law.

As a note, yes, the court attorney was tremendously supportive of the landlord. It annoyed me greatly but it wasn’t the actual trial so I didn’t make a fuss over it.

[cardinalfang]

If you have a copy of an administrative decision from the DHCR, or a summary and case citation to such a decision, you are certainly free to cite it in an argument in support of a relevant point of law. It is definitely better to provide this sort of legal authority and your legal arguments in writing, and if possible provide a copy of any unpublished decisions that you cite. In a resolution part, legal arguments are made primarily through written memoranda submitted in support of or in opposition to motions. In a trial part, legal arguments are made primarily through post-trial memoranda supporting or opposing the judgment or order sought by the parties.

If the decision is relevant to a particular factual determination or to show that the landlord is precluded from litigating a particular claim or issue, then you may need to introduce it at trial in admissible form. A copy certified by a DHCR official might suffice for this purpose.