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Request immediate assistance - NYC Eviction Proceeding

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Request immediate assistance - NYC Eviction Proceeding

Postby V-goodtenant-goodlandlord » Mon Jul 27, 2009 6:17 pm

... especially NYHawk if you're around!


Re: Notice of Petition ("Dispossess" although I prefer to call it a "NoP") on stabilized apt in Manhattan, multi-unit marginally-decent building and run-of-the-mill landlord. This NoP came on the heels of a lease renewal.

Won't burden you with details of how very good-paying Tenant got into this situation; it was a snafu not of his nor of LL's making.

I've read all of the Guide to Housing Court on this site, and have some experience drafting legal documents. However, the Guide consistently references Brooklyn.

I'm totally unfamiliar with housing law and details of housing court procedure. Would like to keep this as SIMPLE as possible. I invite comments on all of the following.


*FACTS:

(1) The rent has been paid.
(a) LL's legal dept has verbally confirmed receipt of most of the rent claimed on the NoP
(b) Final bit of rent due was paid via courier therefore trackable.
(c) Legal fees claimed on the NoP were also paid to the LL via courier.

(2) LL's legal dept has verbally stated its intention to "call off the dawgs" once full payment is received and deposited; in other words, that LL will direct attys to withdraw the suit. LL's legal dept has also verbally stated that it will direct attys to notify Tenant of same once suit has been withdrawn. These statements were made last week.
(a) However, "once full payment is. . . deposited" troubles me, as perhaps they would prefer possession of the apartment over depositing Tenant's payments. A phone call to LL's legal dept today showed they have not yet deposited checks received nearly a week ago.


*CONCERNS:
(1) that LL will decide to proceed rather than cash the checks in its possession;
(2) that Tenant will be forced to appear; this is totally undesirable, and not because he is absent or "subletting" -- he is neither;
(3) that the language used in his pleadings may damage his case unless we learn proper terms for housing court proceedings.


*QUESTIONS:
(Please refer me to any relevant sites or other reference material if writing a reply on this topic is too onerous.)

(1) Is it material that according to the description given on the copy of the Three Day Notice, the original was delivered to the wrong apartment (we indeed suspect this happened)?

(2) Is submission of a written Answer which includes proof of full payment to LL, and in which Tenant requests a xx-day hearing postponement (to give LL time to withdraw[?] the NoP), likely sufficient to make Tenant's appearance unnecessary?


(3) A "Notice of Petition" is not a Petition. Is it likely there is a Petition, or related documents, on file with the Clerk which Tenant should seek to view? If so, do all said file contents (absent a sealing) constitute public record? If so, how to view?


(4) What is the appropriate language to use in requesting that the Court invalidate the NoP? (a) Is this an "answer" to the Notice? (b) "He therefore asks [moves?] that [LL]'s Petition[?] be made void and without power, and that this Court dismiss Case# xxxxx in favor of Respondent"... something on these lines? (c) Again, a Notice is not a Petition, so what specifically are we asking the Court to do?

(5) In Manhattan Housing Court, can Tenant's attorney appear for him?


Thank you most kindly for any tips or other assistance anyone offers!

- V
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Postby TenantNet » Mon Jul 27, 2009 7:11 pm

I can't read through all that and the way in which you construct sentences make it near impossible to understand what you are asking.

Just answer this: what is the basis of the suit? Is it non-payment or a holdover for something they claimed you did?

Why did you pay legal fees? Did a court order that legal fees be paid?
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Postby V-goodtenant-goodlandlord » Mon Jul 27, 2009 7:20 pm

TenantNet wrote:I can't read through all that and the way in which you construct sentences make it near impossible to understand what you are asking.


Thanks for that note.

TenantNet wrote:Just answer this: what is the basis of the suit? Is it non-payment or a holdover for something they claimed you did?


Non-payment.

TenantNet wrote:Why did you pay legal fees? Did a court order that legal fees be paid?


I didn't pay legal fees. The tenant did. No, a court did not so order.

The legal fees were claimed in the Notice of Petition. To show his good will, Tenant decided to pay full amount claimed by Landlord in the Notice of Petition.

any feedback on the items under "Questions" in the original post? thanks!
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Postby TenantNet » Mon Jul 27, 2009 7:31 pm

Are you not the tenant? Then who are you?

The legal fees were claimed in the Notice of Petition. To forestall... uh... to ... To show his good will, Tenant decided to compensate... to PAY Landlord for the entire $ amount they claimed in the Notice of Petition


As Obama would say, that's stupid. (and I won't apologize for that). Is anyone advising this tenant? Did the LL accept the legal fees? Did they discontinue the case? You need to put in an answer and show up at court, no buts. Read the info on Housing Court. The defense would be that the rent was paid, but also that the incorrect rent was demanded. The court should be interested that the legal fees were illegally paid.

If the fees were paid without a court order, I would deduct that from future rent.
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