Are small claims courts different in Queens then on L.I.?

[kayanden]

I tried to sue my landlords here on L.I. in Small claims court. What I really wanted to do was start a civil case. They told me that without an Attorney I could not start a civil case, the only thing I could do was a small claims case. I was very limited in what I could put in this case. I was not allowed to put anything except what I already paid for and wanted to be paid back for. This goes against everything I have read on the subject. According to everything I'v read, I can do a civil case myself. I don"t care about the money. I wanted it brought out in court the way these people expect me to live. They live in Glendale Queens in a very nicely kept apartment building,which they also own. They also own a condominium in Florida, a house upstate on acres and acres of property and a summer home that I can see from my livingroom window. This house is also in perfect condition, with a very nice inground pool. Now let me tell you what I live in. I have always paid the rent on time and have never given them any problems. The front main entrance door is a makeshift door made of plywood. It is hollow and not insulated. The back patio door has needed to be repaired since I moved here. In june It stopped working altogether. I spoke with the landlady, she informed me that they could not get out here for three weeks(they were going to Europe). This door is dangerous, the glass and the frame move independently from each other.(it still is not fixed) In the backyard, I have a junk car, two wood broken down sheds, filled with garbage, a broken ceramic barbeque with broken pieces of ceramic everywhere. On the back porch is a rusty old stove, a broken door and a broken redwood table. When I moved here, I put in a brand new washing machine that I can no longer use because every time it rains, it sits in water for days. Most of the fence is being held up with pieces of trees, the gate is wrought iron with a huge piece of iron hanging off the bottom, that I have to drag back and forth with the gate. In July I informed them that I was not paying rent until the repairs are done. In August I recieved a letter from their attorney stating that I have 30 days to vacate.
Now heres the really scary part, my landlady is a school teacher in Queens. My landlord works for the city of NY and he is a member of the Glendale civil observation patrol. They do neighorhood beautification.

[kayanden]

The house is being held up with stacks of bricks and pieces of wood.

[Aubergine]

You need to clarify the sequence of events. Did you start a small claim? Before or after you got the letter from the LLs' attorney?

Forget about the landlords' lifestyle -- any mention of this in court or in court papers will be treated as totally irrelevant, unless the LLs first claim to be in some dire financial circumstances requiring your immediate eviction. If you end up in court, the judge is NOT going to care about how nice your LLs have it.

Without a lease agreement, you have to overcome the presumption that the LL can terminate your tenancy by just sending a month's notice. If you started a lawsuit over the conditions in the house shortly before the LL notified you that your tenancy was terminated, that may be enough to establish a defense of retaliatory eviction.

For help in getting legal representation or advice, go to http://www.lawhelp.org/ny