help!!! need advice for hp case this fri.

[Carey]

So i live in a old tenament in harlem. My rent history is kind of weird and there have been problems since i moved in. (i never got a lease rider, but have lost my copy of my lease)the problems in my building range from the garbage that piles against my window.(i live on the first floor) to sloping floors(my apt is actualy on a 45degree angle) to no heat in the coldest months of winter. there are so many problems i won't mention them all. anyway i haven't paid rent in 3 months on bad advice, my land lord is taking me to court now for non-payment. i some how have convinced the court clerk to put these to cases on the same day and time. Today at 8 something in the morning the plumber(who speaks no english and insists on telling me in spanish how "linda" i am, he is totally skeevy) and my new super who i have never met before(even though he has been there a while) came knoking on my door to complain about a leak in the basement from my apt.this is where the plumber lives(it is a illegal apt, i don't know how he lives down ther it is gross and infested w/ bugs mice and cats) any way i felt bad that the water was in his home so i said they could come back when i got off work. i explained i was sure that the leak was due to the clogged bath tub and sink i had been calling hpd and their offices about. anyway i remeber the judge at court telling me to no longer communicate with the landlord. will letting them fix my tub hurt my case. this is the first time they have offered to come to my apt after bussiness hrs. they also don't fix things properly all the time.
what do i need at court?
will pics help?
i haven't kept the best heat log but have some record should i bring that?
can i ask for a rent reduction at a hp case?
do i have to pay the rent before the repairs are done?
will i have to go back to court?
i ask because my boss is ready to fire me over the amount of days i missed for this already -- it is a new job.
help please. i can't afford legal advice and make to much to get free advice.
thanks

[Carey]

:confused:
why does noone write me back i could really use some advice fast i go to court tommorow!

[jot0n0]

Sorry, but you have many questions dealing with court procedures and I don't believe there are many members here that has experience in that area. Perhaps this would be an opportune time for our web host, TenantNet to step up and field these questions. Carey sounds desperate and running out of time.

[Carey]

thanks for caring.
still need help. i leave work at 6 and won't be online after that to much. please some one with some knowledge help me.

[Carey]

do i have to pay the LL before he does repairs? will i have a lot of time to tell my side? i just deposited my check today i am not sure if it will clear in time, will that be a problem or can i send a check in a few days. also even though i told the plumber he could come by yesterday he could come by and fix the leak he never showed up, does this help my case? :confused: oo and does anyone know if there will be problems in court due to the war? the A train wasn't even running to canal today i am afraid i will get stuck on the train. help i need more advice. my heat log is disorganized but i have all the paperwork i got from hpd and a printout of all the violations the building has had which amounts to over 200 in the past 3 yrs. i have pictures but i am not a very good photographer. i think my pics of my garbage against my window are pretty good though. help i still need more advice. thanks

[Carey]

i have the money i am just afraid the check won't clear at the right time. do i have to pay check or cash? will i have to do much at the non-payment case if we are done with the hp case?

[consigliere]

The court attorney will probably talk to you and to the landlord's attorney and suggest a stipulation.
  
You should insist on a payment schedule in the stipulation, where the landlord receives payments only after certain specified repairs are made. The judge should "so order" the stipulation.
 
I don't think you can get a rent abatement in the HP part, but you can in the non-payment proceeding. You should try to get an agreed-upon rent abatement as part of the stipulation.
 

[Cranky Tenant]

If you haven't done it yet, you should read A Tenant's Guide To Housing Court

Normally when you go to the clerk to answer in a Non Payment you have the opportunity to bring a counter suit for repairs.

If you haven't already done so, petition the court for an inspection and list all the repairs needed. If you've already had an ispection bring the report with you to court along with any other documentation you might have. That will put you in a better position for a Rent Abatement.

You can usually stop a non-oayment case by simply paying the rent and as consigliere mentioned the judge will often allow you to pay in several installments.

[BronnxNY]

I hv experienced the sagas of having to appear to court, missing work to go on another day & many more days afterward.
Anyway, BRING PICTURES,A LIST OF ALL YOUR COMPLAINTS & RENT RECEIPTS, OR IN MY CASE I BROUGHT A PRINT-OUT OF ALL MY PMTS WITH THEIR DATES, which was quite acceptable.
YOUR LANDLORD CANNOT PURSUE ANY MONIES FROM YOU UNTIL HE HAS REPAIRED "EVERYTHING" IN YOUR APT. THE JUDGE WILL ASK YOU IF YOU CAN AFFORD TO PAY ANYTHING, YOUR ANSWER WILL BE "NO!" THEN THE JUDGE, OR THE COURT ASSISTANT, (who is usually on the side of the tenant), WILL REFER YOU TO THE WELFARE DEPT. THE WELFARE DEPT CAN ISSUE YOU A "ONE TIME" EMERGENCY RENTAL PAYMENT. YOU JUST HAVE TO COMMIT TO "NEVER" NEEDING THE WELFARE DEPT EVER AGAIN AFTER THEY GIVE YOU "ALL" THE RENTAL AMT YOU OWE.
I took my vacations during this time b/c it can take close to 2 weeks.
Lastly, don't be embarrassed about anything b/c you are not the first to have to go thru this & you definitly won't be the last.
REMEMBER: THE CITY DOESN'T WANT TO PUT PEOPLE OUT INTO THE STREET OR INTO A HOMELESS SHELTER. THE JUDGE IS USUALLY ON THE TENANTS SIDE.
So good luck & God Bless.