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Notice of Petition - Nonpayment of Rent Residential

NYC Housing Court Practice/Procedures

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Notice of Petition - Nonpayment of Rent Residential

Postby HonestTenant » Wed Aug 26, 2009 4:10 pm

I received a Notice of Petition - Nonpayment of Rent Residential taped to my door for back rent owed seeking final judgement of eviction stating that I must answer either orally or before the Clerk of court WITHIN FIVE DAYS.

The amount being claimed is for 2 months back rent for June and July. The problem is I lost my job 3 months ago but did a freelance project since and I am due to receive a wire transfer in about 2-3 weeks that will more than cover my rent up to date, plus.

I was wondering what the timeframe once I appear in court, before they can actually evict me. This really boils down to buying a little more time before I can make due on what is owed.

The one thing I noticed, however, is that the amount of the actually claim is incorrect. My new lease, which I signed several months ago, had a price reduction of $200 per month, however, the amount due in the claim still mistakenly lists my old lease prices (a discrepancy of $200 per month) before the price reduction.

My question is, if I bring the Notice of Petition and my Lease to my court appearance and dispute the amount as listed in the Notice will this buy me a little more time for them to resend it? Additionally, what is the timeframe or procedure following this appearance before I can make due on what is owed.

Thank you kindly for advice on this posting.

Sincerely,

HonestTenant
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Postby Annakicia » Wed Sep 02, 2009 10:27 am

Go to Clerk’s Office immediately! Answer Petition by choosing different options on the Answer Form which Clerk will give you to sign. You can state that amount is incorrect; maybe your name is misspelled. Is your place in good condition? Was it painted every 3 years? Is your plumbing working correctly? :D

If you did not get a “3 day notice” (a demand for payment) before getting this Petition, then you can use this as a defense! Tell them, that you just got those papers on your door. You get court date. Then you talk to Court's attorney (mediator) - not Landlord’s lawyers! :!:

Do not sign any Stipulation unless it’s in your favor. It’s always better to lets Court help you decide since a Landlord is never your friend! :twisted:

If you can not pay full amount, ask Judge for more time. Even after "last judgment" you are entitled to file an Order to Show Cause. :idea:

Go and Google some more, since Internet is full of valuable information. Some you can get here: http://www.tenant.net/Court/Howcourt/index.html Also, you can call Clerk’s Office and ask if there is any action in your case as of yet. Know your rights – do not let anyone intimidate you. Keep a copy of your current Lease and photo ID on you at all times. You will need this in court to prove who you are. Good Luck! :)
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Postby TenantNet » Wed Sep 02, 2009 11:18 am

Do you really need a smiley at the end of every paragraph?
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Postby HonestTenant » Wed Sep 02, 2009 12:29 pm

Thank you for your response Annakicia.

I did go to Clerks office and got a court date of September 8th.

Unfortunately, I will not have any money to bring with me at that time. In your opinion do you think asking the judge for a 30 day extension to pay is reasonable? I expect a large sum of money but not for another 2 or 3 weeks so I need to buy time.

Are they by law supposed to paint the apartment every 3 years? The other option is to say I want the apartment painted (the walls can really use it) before I pay the rent. I have lived here for over 5 years and they have not painted it. Do you think that is possible and will buy me the additional time I need?
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Postby TenantNet » Wed Sep 02, 2009 12:38 pm

Did you put in an answer?
Did you cite Warranty of Habitability issues? It would help to have large photos showing the defective walls.

Have you read the material on this site about Housing court?

Most cases get a 7-10 day adjournment the first time on. Most cases never go before a judge.
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Postby HonestTenant » Wed Sep 02, 2009 12:48 pm

I did put in an answer stating that the the amount of the claim was incorrect but did not cite Warranty of Habitability issues because I did not know that they are responsible for painting the apartment every 3 years. I can take pictures and bring to court if it will help with my case ie) buy me more time.

I did read the material about the Housing court. But not sure what you mean by most cases get a 7-10 day adjournment the first time. Do you mean if I tell them I want my apartment painted they will have to do it and adjourn back in court in 7-10 days??

Basically I need another 30 days, from my court date, to pay everything. I want to know what is the best way to get that time. Should I just ask the judge and it will be acceptable or should I push the painting issue to gain more time??
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Postby TenantNet » Wed Sep 02, 2009 12:59 pm

The Warr of Hab issues would have been on the answer form you signed. Later you can ask to amend your answer. Make an application when you get to court.

Most cases get an automatic adjournment. Most cases are "negotiated" in the hallway. Be prepared to be intimidated from the LL lawyer. Some court attorneys can be helpful, but some are not.

So you can probably get 2 weeks from the date you submitted the answer, and if necessary ask for an dditional 2 weeks AFTER you figure out the correct amount.

Do not sign any stips unless you absolutely know what's in them. Read the court info -- it tells you answers to the questions you are asking. The painting can be addressed in a stip.
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Postby Annakicia » Wed Sep 02, 2009 5:02 pm

HonestTenant wrote:
Basically I need another 30 days, from my court date, to pay everything.

If you need time, you will get, imho, from the judge. As Tenatnet said, be sure that you understand what your landlord offers you in a possible stipulation. Sometimes is better to ask to go in front of a judge since lawyers use legal language which could be confusing to many of us! Raise the issue of under kept apartment. If you are in rent stabilized building, they have to paint you walls every 3 years and kitchen every year. Good Luck and keep smiling since I can't here! LOL!
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Postby Jeffnet » Wed Sep 02, 2009 6:34 pm

I never heard of any requirement in the city of New York that your kitchen has to be painted every year.

You are, however, entitled to have your apartment painted every three years if you request it.
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Postby TenantNet » Wed Sep 02, 2009 6:47 pm

I've never seen a requirement for a kitchen being painted annually.

On the three year requirement, you have a right to have your apartment painted every other week if it is needed. If it's in bad shape you don't have to wait for three years.

Annakicia -- please see the private email we left for you. Your email is bouncing back and you have a loop set up. You need to fix that.
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Postby Annakicia » Wed Sep 02, 2009 7:41 pm

TenantNet wrote:I've never seen a requirement for a kitchen being painted annually.

I was told that by an Inspector that kitchen can be required to be freshen-up each year. I will check on it tomorrow.

Annakicia -- please see the private email we left for you. Your email is bouncing back and you have a loop set up. You need to fix that.

I checked. Seems I had a virus in my e-mail system or something, but I am getting all “You are receiving this email because you are watching the topic, (...)" without any problems... You can check again and delete those comments from here, if you like.
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