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The number of violation in case of violation? anyone knows?

NYC Housing Court Practice/Procedures

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The number of violation in case of violation? anyone knows?

Postby oschecht » Sat Dec 11, 2010 7:40 pm

Hello all,

I have moved from Europe to NYC, and I am shocked with the low level of protection tenants get here.

I took my landlord to court for no heat-no hot water. The judge issued violation and repair order for this issue. However, this goes from the beginning of the heating season.
Now, according to the law it is a C violation that should be corrected within 24 hours. I have complained to the HPD dozens of times, but only with the court I could have issued a violation.
Yet, I asked the court to put a violation for each 24 hours - otherwise the landlord has all the incentives not to heat. to pay $250 for a violation is much cheaper than heating cost for a building.
The judge didn't reject my claim. She has refused to discuss it at all.
It seems to me that it doesn't make sense - if I were to steal on a regular basis every day from the same person, it would have been a daily violation, and I would have been fined for each time as a different crime. Yet, here the judge believes that two and a half month of no heat is one violation...
Any idea if this was discussed before? any court case? How can I make sure that the judge will discuss it and disapprove my claim, so at least I will be able to appeal to the supreme court?

I will appreciate your help.
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Joined: Sat Dec 11, 2010 7:29 pm

Postby ronin » Fri Dec 17, 2010 2:16 am

Firstly, welcome to America.

Second, welcome to New York City.

Third, the slumlords rule here.

You should be calling HPD every minute of every day about this. You should also be calling all of the TV stations and newspapers (try Help Me Howard, 7 on your side, etc) about no heat and a callous slumlord. Don't mention the corrupt judge until they show up with a camera crew or you'll scare the timid news people away.

In cold weather like this, they love a good "no heat" story. Especially when you can discuss how horrified you are as a foriegner subjected to NYC slumlords and how word of this will get to tourists at home who will bypass NYC for other tourist attractions.

By the time your done Bloomberg himself will arrest your landlord and put you up in the Waldorf Astoria.

Good luck!
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Joined: Sat Mar 16, 2002 2:01 am

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