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Urgently seeking advise on eviction

NYC Housing Court Practice/Procedures

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Urgently seeking advise on eviction

Postby Annakicia » Tue Aug 25, 2009 4:00 am

I am a roommate of a person who is being evicted by a default judgment. I was not named in the original petition. I need time to find a place. I need help and advise about possibility of filing Order to Show Cause. I am getting confusing information about my right to file such motion as “subtenant”, occupant not named in the proceedings.
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Postby TenantNet » Tue Aug 25, 2009 6:09 am

Eviction means you are also being evicted. My understanding is that you should have been named as a John/Jane Doe in the proceeding, but even so, you would not have had tenancy rights.

You might be able to file an OSC, but I'm not certain on what basis you would do so. First, find out from the Marshall when the eviction is scheduled to occur. You don't want to end out on the street. And have you consulted with a lawyer? I'd get some good legal advice.
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Postby Annakicia » Tue Aug 25, 2009 8:17 am

Thank you for your answer TenantNet! :)

TenantNet wrote:Eviction means you are also being evicted. My understanding is that you should have been named as a John/Jane Doe in the proceeding, but even so, you would not have had tenancy rights.

http://www.nyc.gov/html/doi/html/marsha ... .html#list

From this page I read:

"Generally, all persons in possession of real property who derive their right or title to possession through the respondent (tenant) must be named in the papers. If a sub-tenant is in possession, he must be joined in the proceedings. If he is not named, he may not be evicted, even though the prime tenant may be evicted. Generally, the children, spouse, or guests of a tenant need not be named. Where a landlord does not know the name of the tenant, or subtenants, he may proceed against them by designating such tenant "John or Jane Doe."

How one interprets this?

First, find out from the Marshall when the eviction is scheduled to occur. You don't want to end out on the street.

How do I find out this? Should I call Marshall’s Office?

And have you consulted with a lawyer? I'd get some good legal advice.

Maybe someone here would have some knowledge about this particular situation as I am trying to get a "good legal advice" on my own? Any suggestions are valuable to me.

Thank you ahead for all your time.
Annakicia
 
Posts: 7
Joined: Tue Aug 25, 2009 3:57 am

Postby TenantNet » Tue Aug 25, 2009 8:24 am

Theoretically the rent laws protect tenants. In reality, in many (if not most) situations, that's hardly the case. I would not depend on that line from the publication.

I would indeed look into filing an OSC. We suggest you get legal advice because we are not lawyers, and we give you step-by-step on this. We are an internet informational service and we can't be substituted for legal advice specific to your case. You're at the stage where you could be evicted any moment. Do not wait for something here.
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Postby Annakicia » Tue Aug 25, 2009 9:41 am

Thank you again for your prompt answer TenantNet! :)

I understand what you are saying TenantNet. Rests assure that am not waiting. I am just trying to get info from every possible angle - here, on the phone as well as in the Court House, but due to some strange entanglings, everywhere I hear that I am stuck in a "catch 22" situation. If that is so, private attorney will not help in good faith, I’m afraid, since.. Well, maybe you know what I am trying to imply… :oops:

I am not relying on your server to replace a legal advice but at the same time I do learn a lot from people's postings here. I also enjoy this friendly interaction! Bless your all for your "good deeds!” :D
Annakicia
 
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