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"Proof of Defense" LL has documents; do I need to

NYC Housing Court Practice/Procedures

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"Proof of Defense" LL has documents; do I need to

Postby luckyredpr » Thu Mar 11, 2010 5:45 pm

Question #1: My LL has the accounting to show that he applied legal fees and late fees not defined in stipulations to my "rent due". This would be part of my "proof of defense"; can I request that at my OSE hearing or do I need to get a subpoena for the records? What is the procedure for issuing a subpoena to the LL?

Question #2: Does my other documentation need to be certified? If so, can I request time to secure these documents? I was just told today that the court might require that the documents be certified and/or originals. I won't be able to get them before my OSE date.


Details that may help with the answer:
I have a court date in one week, having filed an Affidavit in Support of an Order to Show Cause to Vacate a Judgment Based Upon Failure to Answer, to Permit the Filing of a Late answer and To Place the Case on the Calendar.

I have requested a new trial date based on the fact that I was never served and did not receive notice so that I could appear in court, breach of warranty of habitability and overcharge.

I am willing to pay all or part of the rent the LL claims I owe if I will be allowed to argue the amount at a new trial.

Thank you.
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Postby TenantNet » Thu Mar 11, 2010 5:51 pm

What is OSE?

Does the LL have a court order for the legal fees?
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Postby luckyredpr » Thu Mar 11, 2010 6:30 pm

Sorry, I meant OSC - Order to show cause.

LL did not get a court order for Legal Fees. I did sign one stipulation five years ago agreeing to pay about $500.00 in legal fees. The LL has pulled much more than that from my rent payments during my tenancy.

Thank you.
luckyredpr
 
Posts: 30
Joined: Thu Sep 22, 2005 1:01 am
Location: New York


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