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Stipulation--Non Payment RS Apt

NYC Housing Court Practice/Procedures

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Stipulation--Non Payment RS Apt

Postby dani1982 » Thu Dec 27, 2012 8:20 am

I signed a stipulation last month for a non-payment case. I was to have the rent in by 11/30 and no language for a judgement was in the stip. I mailed the payment via certified mail with a return receipt on the 28th with expected delivery by the 30th. It did not arrive till the 3rd of December. They posted the payments immediately, but yesterday I got a a letter from the lawyer advising me of their motion to put the case back on the calendar. Do I have any leeway in having this thrown out since I have proof of mailing before the 30th? I feel that they are doing this because of my recent complaint to DHCR about preferential rent and an overcharge.
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Postby TenantNet » Thu Dec 27, 2012 8:51 am

Did the stip say the rent was to be received by the end of November, or silent as to the reception date? Was the stip so-ordered by a judge? Was the case then discontinued if the stip was followed?

I don't think certified mail can guarantee a date of reception. Overnight can.

I don't think a court would deem this a default automatically, especially as it was over a weekend. But you should err on the side of caution.

They got the money and cashed it, right? I would think they would need more to put the case back on. And yes, raise the retaliation issue.
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Stipulation--Non Payment RS Apt

Postby dani1982 » Thu Dec 27, 2012 4:55 pm

The stipulation states that the amount owed was to be paid by the 30th.The case was to be over as no judgement was to be entered. The secondary issue here is that my DHCR complaints are in regards to the preferential rent being rescinded and a potential overcharge. I feel I satisfied the stip, but I withheld the contested amount for the new higher rent for the month of December. Can this be grounds for having this be added back to the calendar?
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Postby TenantNet » Thu Dec 27, 2012 5:18 pm

If the stip said you are to pay $1,000 dollars, but you paid only $800 (or whatever), then you didn't abide y the stip. Is that what happened? If part of the case was that you counterclaimed for the excess amount, or claimed that the rent demanded was not the amount the LL could collect, then that was either settled by the stip, dropped by you, or deferred to DHCR. Not seeing the papers, I can't say.
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Stipulation--Non Payment RS Apt

Postby dani1982 » Thu Dec 27, 2012 5:26 pm

The stipulation was paid in full. December is the month that they have charged the new high rent that I don't think is the legal rent. I have witheld the increase as I am challenging the legality of the rent and perhaps the rent I paid before and the rescinding of the preferential rent. My lease ended on Nov 30 and the stipulation was for prior arrears that were paid in full and cashed. Technically I now have arrears from the month of December that represents the amount I am contesting beyond my last amount paid from my old lease. I was wondering can this be used to justify opening up the old case or must they commence a new case.
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Postby TenantNet » Thu Dec 27, 2012 5:32 pm

Go back to the petition. Did it cover (seek rent) for December? Did they amend the petition after commencement of the proceeding to include December's rent? If not, then the stip didn't cover it.

Go by the wording of the stip. Also go by the wording of the LL's motion to bring the case back. How are they bringing it back ... back on the calendar after being put off-calendar? Or are they seeking a motion for contempt for failure to abide by the stip? The LL's papers should explain what is happening.
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Stipulation--Non Payment RS Apt

Postby dani1982 » Thu Dec 27, 2012 5:37 pm

It states that I failed to pay the amount in the stip by the 30th followed by the amount owed for December and the monthly rental amount.
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Postby TenantNet » Thu Dec 27, 2012 6:31 pm

Can you post the complete text of the stip, but leaving out names, addresses, etc. Change the amounts so it's different from yours, and indicate who signed it (including a judge).

Then look at the petition. Was it amended to include December's rent?
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Postby dani1982 » Thu Dec 27, 2012 6:42 pm

The stip states: After payment of $2000 by money order in court, respondent owes $2500 to be paid by 11-30-12.

signed by me and the lawyer and stamped by the court clerk with the judge's name.

It looks as though I was quoting the affidavit. The relief demanded in the motion asks the court to restore the matter to calendar amending petition to date. Final judgement, warrant of eviction and for such other and further relief as the court deems just and proper.
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Postby TenantNet » Thu Dec 27, 2012 6:52 pm

The complete and actual text of the stip, please. (obscuring personal details, i.e., Landlord Jones v. Tenant Smith or whatever)

Did the judge actually sign it, or is it just a stamp?
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Postby dani1982 » Thu Dec 27, 2012 7:02 pm

This is the exact text. "After payment of $2000 by money order in court, respondent owes $2500 to be paid by 11-30-12. "

It was my first appearance after they missed the first court date due to a holiday. This was a stip signed on the day that the attorney's motion to add the case back to the calendar after missing the first non payment was to be heard. The clerk went over the stip with me and noted that the landlord would send papers to me if I didn't comply and stamped the copies with the judge's name. I never conferenced with the judge.

The relief demanded in the motion asks the court to restore the matter to calendar amending petition to date. Final judgement, warrant of eviction and for such other and further relief as the court deems just and proper.

The affidavit states that I did not abide by the terms of the stipulation dated November 3 and states what I owe for December.
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Postby TenantNet » Thu Dec 27, 2012 8:01 pm

"After payment of $2000 by money order in court, respondent owes $2500 to be paid by 11-30-12. "

Is there nothing else to the stip? That's the complete text?

Did it indicate if the case was then discontinued, marked off-calendar, or anything else? Was there an adjourned date listed? Cases don't just end.

Something is missing here.
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Postby dani1982 » Thu Dec 27, 2012 8:19 pm

There was language indicating 30 days completion and access information for repairs. The last line indicates that the matter is to be restored ...followed by two illegible words then the signatures. I thought cases did end when you paid. As this was our first meeting, they didn't seek a judgement.I believe the language was simple because they probably expected me to move which was the intent of raising the rent. I remember the clerk saying that the motion would likely be approved to add the case to the calendar based upon the missed court date by the lawyers.
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Postby TenantNet » Thu Dec 27, 2012 10:44 pm

That's why I asked for the complete text.

Of course they asked for a judgement. Look at the original petition.
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Postby dani1982 » Thu Dec 27, 2012 11:15 pm

I understand that's the purpose of the petition and is standard for these cases. I was stating that what I signed did not indicate an automatic judgement or eviction order and they have their money. I just want to be able to add new defenses to the case, so I'm hoping they will have to start over.
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