LL not taking me to court.

[maybe60]

On two occasions in the previous 15 years LL sent me NON PAYMENT Petition when I was 5 or 6 months behind. Ended up settling for warranty of habitability issues and paying myself first time and getting one shot deal second time.

Now, I am 18 months behind and he still hasn't sent me a petition.

Is there a reason for this?

Just found out two of my neighbors got their Non payment petitions after falling 10 and 11 months behind last year. One said that in the past it was never more than 6 months.

What could it be that is making the LL not file the petition?

He is a very seasoned LL and recently converted our building to a coop. Majority (80%) of the apartments are rent stabilized.

What could it be that is making the LL not file the petition (with the required notices that have to precede it)?
Can I apply for One shot deal without the stipulation from court, which they made me get last time before paying?
Will they pay again, considering the total I owe now is $13,500?
I'm disabled and on fixed income that barely covers my rent and utilities, but dont have DRIE yet.

[TenantNet]

So you're RS. Seems like the earlier two cases were resolved as you describe.

So now LL hasn't sent you a petition? Did you file for ERAP during COVID? If you know, did the LL file for LRAP (the LL version of ERAP)? If so, and if ERAP covered the rent for all or part of up to 15 months, then LLs are supposed to wait another year before seeking an eviction (or getting an eviction order). That would not excuse your obligation to pay rent for that time, the time not covered by ERAP, but it gives you a pad to get your finances back in order.

Now, having said all that, some LLs obey the 12 month rule and others don't. Some play a lot of games claiming they can file prior to the 12 months being up as long as they don't actually evict the tenant until the 12 month mark. I know of at least one case on that - but I don't know how it was resolved.

I can't say why he hasn't sent you a petition, but I'm not so sure I'd ask and remind him.

I would put the rent money aside to make sure if and when he does, that you will be covered. Some LL's do this to lure their tenants into a false sense of complacency. He could be using a strategy to get you out. I do understand what it's like being on a fixed income and it's not easy, but budget things carefully.

If and when you do pay any rent, make absolutely sure you EARMARK all checks so by law they would have to apply it to the month you specify in the memo field of the check. Write something like "rent for June 2023 and no other months." Search this forum for "earmark" or "earmarking."

There is also a six year statute of limitations where the LL can't come after rent still owing after six years. That is why you earmark, so they don't take your current payment and apply it to something much older than the six years.

You said you had the one shot deal in the past, so I'm not sure if you can do it again. I'm not that familiar with those rules, but you can ask HRA.

You don't have DRIE? Go for it right now. No delay. No excuses. (and/or SCRIE if you qualify) But you can't have both.

And finally, be prepared to get a lawyer. With Right to Counsel and COVID, getting a free attorney is not easy, but get prepared. Get all your documents in order. Scan them into your computer if you can (as PDF files).

[TenantNet]

To Maybe60. We have locked this topic. Please see your Private Mail as to why this was done.

[TenantNet]

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