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MY DAY IN COURT - 10/10 - LAST MINUTE ADVICE?

NYC Housing Court Practice/Procedures

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MY DAY IN COURT - 10/10 - LAST MINUTE ADVICE?

Postby brook__lyn » Mon Oct 08, 2007 10:56 pm

Here is my story briefly:

Got new owner in a RS building.

Had expiring lease with pref. rent, new owner wanted increase to maximum legal rent. Given renewal lease about a week before lease expiration. Haven't returned it as I am still within 60 day review period.

Late Aug, new LL throws out a bunch of property in basement w.o notification. I am out of town and lose about $1k worth of important stuff.

I call, send letter, then send rent with value of property deducted w/ explanation. By the 8th of Sept, LL has already filed for non-payment in HC. No notice, no communication. I Respond in HC and fill out counter-claim for my property along w/ oral response. (would this qualify as harrasment?)

In addition to the lost property, other minor issues include not being properly served with papers, no request of rent before going to HC, mouse problems in kitchen, water damage in bathroom.

Will be going to court on my own wed. morning. Besides laying out my story clearly and supporting it with documents, is there anything else I should do?
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Postby brook__lyn » Tue Oct 09, 2007 10:17 pm

anyone ? anyone?

success stories? horror stories?
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Postby misstwilo » Mon Oct 22, 2007 11:31 pm

From what I read on other posts in this Housing Court secction my guess is: Horror. Right...? How did your court date go...? Nobody how is going to court after posting first gives the forum some feedback how the court date went. Shame...
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Postby brook__lyn » Tue Oct 23, 2007 12:00 am

From the metal detectors to the anal retentive bailiff, they treat you like a criminal. However, after observing the proceedings it appeared that tenants were being treated fairly negotiating deals with their LL’s. My landlord chickened out, claiming through his little troll of a lawyer that he had a 'personal emergency' and 'really wanted to be there'. He was just stalling. Adjournment until November by which time I’ll be moved anyway.

I have a very valid counterclaim for as much as he claims I owe, if he had any brains he would withdraw the whole thing.
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Postby elderlytenant » Tue Oct 23, 2007 5:15 am

Do they allow you to take audio tape recorder into the court? If you know.
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Postby misstwilo » Tue Oct 23, 2007 7:14 am

< My landlord chickened out, claiming through his little troll of a lawyer that he had a 'personal emergency' and 'really wanted to be there'. He was just stalling. Adjournment until November by which time I’ll be moved anyway. >

Good for you. But I don't know why you want to move out all of a suden? Only because you move does not mean the LL will not come after you for the rent not paid yet and owed. Of course I don't know the facts.

Good luck!
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Postby misstwilo » Tue Oct 23, 2007 7:17 am

< audio tape recorder into the court? >

No, no. Nothing like that. But every trial is recored anyhow at the bench. You can also ask for a transcript, but you have to pay for it. However I doubt it is useful.
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Postby brook__lyn » Tue Oct 23, 2007 10:01 am

My story is that eveyone in my building is being essentially harrased ( I can't wait to see if that new legislation gets passed ) out of the building. From huge rent increases to being forced to allow electricians to knock about 20 holes in our walls to upgrade the electrical, so he can put individual meters in.

This is a larger story of the race to turn every building in Ft. Greene and Clinton Hill into luxury apartments or flip into million dollar homes. It is happening incredibly fast.
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Postby TenantNet » Tue Oct 23, 2007 10:07 am

We're looking at the proposed harassment legislation. Don't hold your breath. Indications are that it's not worth much and really designed to make the politicians look good.
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