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Advice...Holdover Proceeding against us

NYC Housing Court Practice/Procedures

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Advice...Holdover Proceeding against us

Postby korak » Mon Apr 12, 2010 5:30 pm

I have been getting letters from the LL since last year when I had my friend move in the apt as a roommate. The LL assumes I'm subletting. The LL rejected an original sublease request for an invalid reason.

This is my first time dealing w/ a situation like this and I'd like to know where to go from here. I do not have money (I'm a full time student) so I cannot afford to pay an attorney.

I'd like to add that they have been cashing my rent checks up until two months ago. Thanks!
Last edited by korak on Tue Apr 13, 2010 11:57 am, edited 2 times in total.
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Postby TenantNet » Mon Apr 12, 2010 5:51 pm

The title of your post is confusing. Are you referring to an appointment of a Housing Court judge?

Or has the LL commenced a proceeding in Housing Court? If so, what papers did you get? And in what order? Be specific.

Is the friend an actual roommate? Do both of you live there now? Subletting is when he moves in and you go away, but plan to return. If he's a real roommate, then why the sublet application?

Please be specific and don't assume we know what you mean.
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Holdover Proceeding

Postby korak » Mon Apr 12, 2010 11:22 pm

The LL has commenced proceeding. A Holdover proceeding has been brought against the two of us and we have to appear on the 16th. The first page checks off the Holdover proceeding, followed by several sheets, the first of which states LL so and so vs. me and my roommate. They state that I am not residing in the unit as my primary residence etc.

We are both living there but I have spent a lot of time away from the residence this year. I don't want to get into any more of a battle w/ the LL. I want to move out of the apt and I'm assuming the judge would be happy to let us leave w/ no blemish on our record.

At what point does one's record get affected in general? Is it if they lose a case? Do not show for court?

I heard there is a list that LL's get which has the name's of 'poor' tenants.
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Postby TenantNet » Mon Apr 12, 2010 11:36 pm

You're already on the list. It happens when the case is filed. Look in the Forum's reference section for Blacklist and there may be ways to get off it.

If this is a non-primary residence matter, you should have received a Golub Notice served between 90 and 150 days before the end of the lease period. A non-primary case should be at the end of your lease term, not in the middle of it.

See http://www.tenant.net/phpBB2/viewtopic.php?p=34252

If you've been away from the premises, then the issue of non-primary residence becomes an issue of fact. It depends on how many days you have been away during the last two years (assuming your roommate is not on the lease).

Non-primary cases can be very tricky and it would behoove you to get a legal assessment of your situation. You haven't given us sufficient information to respond more fully.
Last edited by TenantNet on Tue Apr 13, 2010 3:03 pm, edited 1 time in total.
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Court

Postby korak » Tue Apr 13, 2010 10:56 am

I don't want litigation and I want to move out of the apt. If I call the LL's attorney and tell them I will move out by May 15, for example, do you think that would be a wise move or should I talk to the judge in court and tell him the same?
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Postby TenantNet » Tue Apr 13, 2010 11:20 am

We're here to help you KEEP your apartment.
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Housing Court

Postby korak » Wed Apr 14, 2010 10:08 am

What can I expect on this first visit to Housing Court? I only received the petition last week and I will explain to them that I cannot afford an attorney/full time student and if we can adjourn the court date.
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