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Got petition of non-payment today. Can anyone answer ASAP?

NYC Housing Court Practice/Procedures

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Postby JGT » Tue Aug 31, 2010 10:42 am

Wow holy smoke you aren't kidding, there is a TON of Jewish holidays this month not to mention Labor day weekend this weekend. That may be good for my court case but pretty bad for me in terms of work as my business depends on a high volume of the public being around. I think possibly I can get a $2000 loan but it's going to be hell to get. If by the end of this month I pay most of it off leaving about $1000 or $2000 left is it going to be pretty tough to prevent an eviction?
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Postby JGT » Tue Aug 31, 2010 11:12 am

Just called one of the lawyers advertising on this site and they told me if it goes to trial I could be out in as little as 5 days. Holy smoke. So they told me to go down on Thursday make a repairs complaint then stop by their office afterwards. They charge $750. You think it's worth getting a lawyer?I guess it always is but then again that's $750 less for rent.
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Postby TenantNet » Tue Aug 31, 2010 11:38 am

You're suffering from worry and fidget disease. TJHillgardner gave you some good advice.

I would get some sleep, do some work or anything to get your mind off. It is extremely unlikely that you will be evicted. Concentrate of putting the money together for rent. Put forth your defenses and counterclaims. Read up on how the court works.

There are times a lawyer is really necessary, but I don't think you are at that point here.

Stop worrying.
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Postby JGT » Wed Sep 01, 2010 12:14 am

Here is some very good advice I found on a law firms website about rent overcharge and how to get a case dismissed. This is what TJHillgardner was referring to although he mentioned a different address for the rent overcharge - Gertz plaza, so I'm not sure if these addresses only pertain to Manhattan residents or what, but I'll call them up tomorrow to find out:

Division of Housing and Community Renewal, 25 Beaver Street, Manhattan
For rent stabilized tenants only. Bring your lease or proof of address and get a rent history. This will indicate whether you are being illegally overcharged, and will reveal other juicy facts. A tenant being overcharged could possibly sue a landlord for thousands in damages.

Department of Housing Preservation and Development (HPD), 100 Gold Street, Manhattan
Pay $8.00 and get a copy of your Multiple Dwelling Registration. This registration indicates who is the true owner of your building. A defective registration (or failure to register) will result in the dismissal of your landlord's eviction suit. While you are there, get a printout of all housing code violations, which will indicate any history of bad conditions in the apartment.

Department of Buildings, 280 Broadway, Manhattan
Bring proof of address and request a certificate of occupancy. If there is no certificate of occupancy for your building, find out why not. (The housing court dismisses all rent cases against tenants living in post-1925 buildings if the certificate of occupancy is missing.)

You will be surprised how much of a difference it makes when you prepare well for your housing court case. You will be facing experienced landlord attorneys when you get to court. But, all things being equal, preparation beats experience most of the time.

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Postby JGT » Wed Sep 01, 2010 3:05 am

Wow here is some very detailed videos I found on Youtube on what to expect in NYC housing court and what to do. Just thought I would post it here as more info for people who are facing the same problem. The first video the sound is not in synch but just ignore it, the other parts are which you can find on the right hand side.

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Postby JGT » Thu Sep 02, 2010 2:10 pm

Just got back from court. Just want to say thank you thank you SO SO SO much because if it weren't for you I would be in such huge trouble right now my head would be spinning.

I got there 9am and finally the LL lawyer came in at 1130am...I was begining to think he wasn't going to show, and right off the bat he calls my name and has me stand in front of the whole court, no table or sideroom, nowhere to put my papers, and tells me "I am behind 5 months and owe $6500, but as a courtesy the LL will take off lawyer fees and late fees if I pay by 30 days."

So I just burst out laughing, there is no way I owe that much. I went through every check and money order for the past two years and I got $4500 and because the LL illegally has an extra months security of $1032, that comes to $3468" and he starts arguing with me saying that it is not security but "last months rent" which is what they call it because they know holding 2 months security is illegal.

So I told him, I didn't come here to negotiate, I came here to request an ajourment for a city inspector (like TJHillgardner advised) and he started threatening me saying if we go to trial I will be out in 5 days, and I told him there is no way in hell I am paying $6500 in 30 days, especially when this LL has refused time and time again to repair ANYTHING. And it went back and forth, the guy was really obnoxious, called me scatterbrained if you can believe it, then said he was calling my LL "in his office" and he started writing down all these itemized payments, then he offered I pay in 40 days, so I said forget it. I'm not paying what I don't owe.

So finally he talked to the clerk which seemed to give me permission to do so, and he said: "If this is what you want to do, go ahead but you are making a big mistake" and the clerk rolled her eyes "So you want to have an inspection?'" just real attitude everywhere, I mean what the hell? I could be evicted and this is a joke to her? Same as the clerk last week.

So she got the inspector on the phone, scheduled an appointment on Sept. 10th at 2pm and I must return to court Oct. 7th. Beautiful! Just like TJHillgardner said, almost 5 weeks adjourned and I didn't sign no ridiculous stip that probably would have had me out by that date.

Thank you SO SO MUCH TENANTNET! I swear to god, if it wasn't for you I probably would have signed that stip and been freaking out right now how I was going to come up with $6500 in 30 days!!!
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