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Advice, Please...

NYC Housing Court Practice/Procedures

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Advice, Please...

Postby Upper_West_Side » Wed Mar 17, 2010 11:19 am

Two weeks after a bench trial, I received a piece of first-class (unregistered) mail from Housing Court. Inside was a copy of the judgment: Landlord won and I lost. Further, I must vacate by a date certain.

I believe the decision is incorrect and started to investigate an appeal.

According to the Housing Court website, it appears that the judgment mailed to me has no force in law unless and until Landlord's Attorney files a NOTICE OF ENTRY because without it, I cannot appeal.

Is my interpretation correct? If yes, and if there is no NOTICE OF ENTRY by the vacate date, am I entitled to stay in my apartment?

Thanks for replying.
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Postby TenantNet » Wed Mar 17, 2010 11:33 am

I believe it is enforceable, but you should get a legal opinion on that.

The Notice of Entry refers to when the LL serves it on you ... and starts the clock ticking for you to appeal, which would likely be to the Appellate Term. That sets the maximum time for you to put in your appeal notice, but it does not preclude you from starting to work on your appeal now. You should find out exactly how many days you will have to appeal.

Was this a holdover that should give you a short time to cure the offense?

Appeals can be tricky things. You should get a transcript or recording of the bench trial as soon as possible. If you have an order that will result in your eviction, you should immediately run, do not walk, to an experienced tenant attorney. Do not be penny-wise and pound-foolish. We cannot tell you how to construct an appeal on a forum like this.
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