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Holdover case. Need help!

NYC Housing Court Practice/Procedures

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Holdover case. Need help!

Postby jc1305us » Tue Feb 03, 2009 7:45 pm

I am currently in the middle stages of a holdover proceeding with my LL in a rent stabilized apt. in Manhattan.
Little background: I sublet the apt from a friend of mine in Oct. We sent a letter to the LL stating our intentions to sublet, etc. I moved in, and not long after I received a letter from the LL stating that he objects to the sublet because I supposedly moved in early. Notice to cure comes, I do nothing, as my buddy says that we did nothing wrong. Lease termination comes, with the end date being 12/31. I wait. Finally, I'm informed that if i don't give the keys back and move out, Ill be brought to court. Well, here we are. Court date on Monday. In my research, I've learned that a LL cannot unreasonably prevent you from subletting your apt as is your right. My questions are: What do I expect when I get to Housing Court? I understand that the first appearance is usually a 'Mediation' where you talk to the LL and figure out a solution. Is this right?
LL said he has video of me entering the apt, the super went through my garbage to find letters addressed to me, and that a P.I. talked to my buddy on the phone. My friend, who is an attorney, said this is most likely a scare tactic as they've never provided the name of the PI in the court petition and that the petition also does not state the other allegations.
What kind of defense can you offer up? Is the Housing court system skewed in favor of the LL? Do I have a chance? And more importantly, how much can the LL raise the rent on the apt if my buddy decides to give up his right to the lease so that I may sign it? Can anyone help? What time frame am I looking at to get to trial? To eviction? Sorry about the long post but thanks for reading!
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Postby TenantNet » Tue Feb 03, 2009 8:28 pm

Good grief ... you guys asked for it. Did you go through the procedures for subletting by the book? Did the LL object within the allowed time with a valid reason? (the sublet law is not written very well)

And why are YOU in court? The LL should be seeking possession from the prime tenant. You might be listed as a "John Doe," but the suit is against (or should be) the prime tenant. He should be appearing and he should have a lawyer.

So what if he has a video. So what if there's a PI. They do not have to put all of their evidence in the petition. They do have to state a cause of action, i.e., that there is an illegal sublet. But even if there are defects in the petition, that can be amended or refiled. Do NOT rely on friends who are attorneys unless they are practicing tenants in LL/T issues. What is not allowed in Supreme Court might be OK in Housing Court.

Yes, HC is LL friendly, especially if you don't have a lawyer who knows what they are doing.

And why do you think that you would get the lease if your friend "gives up" his lease?
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Postby jc1305us » Tue Feb 03, 2009 8:32 pm

I am guilty of being a bit naive I'm afraid. That being said, We did send a certified letter RRR laying out the terms, person, etc. Well, I was thinking that If I went to court and sat down with the LL that we could come up with a fair price to stay. As it is, this is way too much for me. One big F'N headache! Thanks for the help. What time frame am I looking at to find another place to live?
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Postby TenantNet » Tue Feb 03, 2009 8:54 pm

jc1305us wrote:Well, I was thinking that If I went to court and sat down with the LL that we could come up with a fair price to stay.


Trying to be a stand-up comedian, eh?
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Postby jc1305us » Tue Feb 03, 2009 8:58 pm

Not really, but thanks for pointing that out. Let's be honest, It's ALWAYS about the money. What does the LL give a shite about WHO lives in his place as long as he gets his $$$? I have a job, that cannot I cannot be downsized from, great credit, and have been a great tenant in the past. Why not? Commence laughing now...
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Postby TenantNet » Tue Feb 03, 2009 10:18 pm

I'm not laughing; the LLs are laughing. They know it's not always about the money.
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