Questions About HP Action

[Sky]

I have a few questions regarding a tenant initiated HP case.

If I [RS tenant] bring an HP case against my LL for failure to repair, can I include suing for damages and breech of warranty of habitability? How far back can I sue for damages (I was told it is 6 years in a non-payment case)?

If I bring an HP case then I am the petitioner, correct?

As a tenant, is there an advantage/disadvantage to being the petitioner in a non-payment case vs. my being the respondent in an HP case when suing for rental abatement?

How about suing for treble damages? What is the basis for this? For example, if LL did not repair and also obstructed HPD from making emergency repairs?

The only defense the LL has is I failed to provide access, which is false. However, he will have his agents lie for him I am certain. How is the burden of proof different if I bring an HP case vs. if LL brings a nonpayment case in which I counterclaim?

Thanks.

[TenantNet]

You should read up on HP actions (see the court links above). You've got some of the concepts backwards.

You would bring a HP proceeding (as a petitioner) to force repairs, and it has nothing to do with rent.

Yes LLs have a habit of concocting bullshit claims of non-access. So make sure you offer access on dates of your choosing and do it in writing. Make certain the letter states what repairs are to be done (and restoration of surfaces if they break open walls or floors). Make sure you are there the entire time and hide things of value.

Also, although it may be part of a larger strategy, I would not just rush into a HP action on your other issue of a relocation agreement. That's something your eventual lawyer needs to decide how to handle.

[Sky]

I ask about an HP action because over a year of rent is owed. LL took me to court in a non-payment case, I counterclaimed for damages and repairs. After I counterclaimed, the LL wanted to withdraw his case [likely because of the current huge number of HPD violations, the DOB Vacate Order, the DOB Stop Work Order & Violations]…he knew he would look really bad in court. LL never showed up for court (only his attorney did) and after 5 months, his case was dismissed by judge for failure to appear; my counterclaim dismissed because my worthless attorney didn't know how to write a counterclaim and amended answer…the judge told him that!]. The attorney was provided for free by a new organization in my district that protects tenants from displacement/gentrification.

Due to being forced to live in these conditions, and failure of LL to timely repair, I believe it is harassment as well, and maybe even treble damages would be awarded for willful breech of WHO…I have really been forced to suffer at the hands of this LL. In any case, at some point the LL will want his money, and will likely take me to court in another non-payment case in the future. However, I was wondering if there was an advantage to pre-empt his doing this by my initiating a case against him for both repairs AND money damages. I was thinking all issues (repairs/abatement/damages) could be covered in an HP case?

I was wondering what are the advantages/disadvantages to my being the Petitioner vs. the Respondent: burden of proof, what would have to be awarded to be considered the prevailing party, etc. I was also curious about recovering legal fees, as this would be necessary for me to afford hiring a good attorney.

Regarding legal fees, is it usually the prevailing party who can be awarded legal fees (my lease states legal fees can be collected)? What does prevailing party usually MEAN? Is it being awarded 10% of their claim??? I'm unclear about that. Ex., LL claims I own rent for one year, but I claim I am owed an abatement for the past 4 years of apartment conditions, as well as current conditions and willful failure to repair.

One final question: if an actual trial is not conducted or concluded, and if both parties agree to a stip, is there a prevailing party in such a situation? Can that party then be awarded legal fees at a later hearing?

I ask because in practice, this LL had his attorney delay our previous case for 5 months...and never once showed up. If I was paying for an attorney, I would have gone broke in legal fees. I know that parties burn court time as a tactic to increase the other party°¶s legal fees and maneuver them. If I bring a case, hire an attorney, and the other side delays until finally agreeing to a stip, I would want to be awarded my legal fees for this. Otherwise, I would end up paying all the funds I was entitled to my attorney, as well as expending all my time.

I want to bring a case because, despite the LL having a DOB permit and claiming he will do the repairs shortly, he is not to be taken at his word. It may be 6 months before work begins, if ever. I want to have these repairs all behind me and have my apartment back.

Thanks for any ideas.

[Sky]

I read through the court links on this site.

My question regards legal fees.
There is no point my bringing an attorney into this if the result is his fees will put me in the poorhouse. If I bring an HP case and hire an attorney, and it is determined in court that serious violations exist, is there a good possibility for me to be awarded legal fees?

I know no on can answer this with certainty; I'm seeking a general rule of thumb. I'd like some info before contacting an attorney, because the attorney's advice on how to proceed will be biased by his own profit motive.

[lofter1]

Such a ruling by HC judge would only take place after a trial. It seems that judges often do NOT award legal fees unless each every cause of action is won by one side. If both sides win a point or two in trial then it seems that a judge will not invoke the Attorney Fee option.

I think it unwise to ever count on winning - or even expect to win - payment of Attorney Fees. It's akin to the Lottery.

And if the action results in a settlement (rather than a trial) then I'd be surprised if Attorney Fees paid to the tenant are ever part of such an agreement.

Other opinions are of interest on this.

[Sky]

Sounds like legal fees might be a sanctioning tool that a judge applies to punish egregious behavior. Thanks for the warning...it does sound like a lottery.