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I Refuse to Pay Rent!

NYC Housing Court Practice/Procedures

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I Refuse to Pay Rent!

Postby Hannah » Tue Nov 02, 2010 12:26 pm

Rent-Stabilized Apartment.
Rent: $700
I'm a licensee.

My roommate was charging me $850/month.
I refuse to pay rent because I want the money he owes me for overcharging me for 3 months.
I am in the process of filing charges with DHCR or the Housing Court.

Roommate is unemployed and has 0 income.
I KNOW that if I take him to court, I will get $0.
I KNOW he will try to have me evicted.

Any advice on how long I can try to stay after he gives me 30 days notice.
I know that I can holdover, and he will have to take me to court.
I want to know if anyone has had a similar experience, and if they found a way to stay in the apartment until they received all the money due to them.

Example:
He gives me 30 days.
I have to leave by the end of October.
I refuse to leave.
He files charges with the Housing Court.

Any advice would help!
Hannah
 
Posts: 6
Joined: Wed Aug 18, 2010 4:07 pm
Location: NYC

Postby TenantNet » Tue Nov 02, 2010 1:48 pm

If I remember, a licensee proceeding requires 10 days' notice, not 30. It's a proceeding, not "charges." And you can't file with Housing Court. If you were a tenant and if the LL was seeking rent, you could assert a counterclaim, but here it's likely the tenant would be seeking your eviction, not necessarily back rent.

With DHCR you can seek an overcharge, although the agency is not exactly pro-tenant.
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Postby Hannah » Tue Nov 02, 2010 3:09 pm

He owes me $1500, not including my security deposit.

I was told by a few attorneys that if a licensee lives in the apartment for 30 days, the tenant would have to give 30 days notice.

Any LT attorneys on this site?!?
Hannah
 
Posts: 6
Joined: Wed Aug 18, 2010 4:07 pm
Location: NYC


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