Necessary to Notify LL Prior to Bringing HP Case?

[Sky]

My question refers to the process of filling an individual apartment HP Action (I read the reference page regarding HP cases but could not find the answer).

I am a RS tenant.

Before I go to court and file the papers to bring an HP case, is it necessary to formally mail the LL a list of the alleged violations? And/or is it necessary to do so via certified mail? My standard RS lease has a provision stating that all notices must be made via certified mail. For example, do I need to formally notify the LL in writing 10 days prior to initiating the HP case?

I have handed the building manager a list of repairs. Also, earlier this year in court, my attorney handed the LL’s attorney a written list of repairs, however, there is no written record or proof of receipt for either of these documents. In the event it is necessary to prove that I gave prior notice before filing the HP case, I do not have any hard evidence. I should add that I HAVE notified the LL of these conditions, I have also called 311 and reported them to HPD, HPD has inspected and notified the LL, and HPD violations were written. In fact HPD’s litigation Department at their own initiative has brought a comprehensive HP case against the LL on behalf of my building due to the voluminous number of violations. This HP case is still active in court.

I want to file the HP case ASAP so I need to know what if any prep work needs to be done first.

Thanks.

[TenantNet]

As with any litigation, the respondent is served with papers and has time to answer. However it may look better if you send a notice. But if HPD is already involved, and if it's for the same repairs, then he has notice, and the LL might get your case kicked. You might consider intervening on the existing case. If you become a party, then the LL and HPD can't make a side deal and drop the case without your consent.

But HPD screws things up all the time. Remember, HPD does not represent youl They represent the city. You need to be on top of them all the time. You might get lucky with a good HPD attorney, but there are lazy ones as well.

Your lawyer can write a letter or affidavit that he gave the list of repairs to the LL's lawyer.

[Sky]

Yes the HPD case concerns the same violations, so it is good to know that LL is considered to have been notified. There are a handful of violations that are not yet inspected and not part of the comprehensive HP case. However, there are 50+ violations in my apartment alone still on record including 8 class ‘c’ violations. This doesn’t include heat/hot water issues.

I went to great efforts to contact the HPD attorney who is litigating the comprehensive case, including conversations, emails and one really good long conversation. The HPD attorney was the one that recommended I bring an individual HP case based on the idea that the court often grant LL’s the outside time frame to complete all building repairs (that would be whatever time frame they agree all ‘a’ violations must be done by, which could be several months)…so in order to get MY repairs done quicker, the attorney felt I should file an individual case as well. The attorney also recommended I file individual rent reduction and harassment cases with DCHR.

“You might consider intervening on the existing case. If you become a party, then the LL and HPD can't make a side deal and drop the case without your consent.”

How do I do this?!

[The HPD vs. LL comprehensive case had another court date this past week which resulted in a consent order.]


Another reason for doing this is to have an active court index number to reference a relocation agreement between the LL and myself to, so that the agreement can come back before a judge.