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Why file petition?

NYC Housing Court Practice/Procedures

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Why file petition?

Postby perplexed1 » Tue Jun 21, 2011 1:34 pm

Why would a LL file a petition for non-payment when the tenant has already payed the passed due rent (within the 3 day notice period) and checks have been cashed by the LL?
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Postby TenantNet » Tue Jun 21, 2011 3:09 pm

Simple, to harass you.

You will still need to go to court, put in a defense and make court appearances. But then again, so will the LL or his attorney. Make sure you have proof of payment. And do not assume the case has been dismissed until your hear it from the court. Do not assume it's been dismissed just because the LL might say so.

Also consider filing a complaint with the NYC Bar Association against the LL's attorney.
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Postby perplexed1 » Fri Jul 01, 2011 2:21 pm

Thank you very much for your reply. When the tenant asks for a dismissal, can he/she ask for additional action such as (1)letter of satisfaction, (2)repairs to the apartment, etc. In addition, is the request for dismissal made in the resolution or trial parts?
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Postby TenantNet » Fri Jul 01, 2011 3:28 pm

Read up in the court section of the web site. You would make a "motion to dismiss," not a "request for dismissal." No such thing as a letter of satisfaction. Alternatively the case can be dismissed or discontinued with or without prejudice. With prejudice means the LL can't come back and sue you against for the same months of rent.

When you put your answer in to the court clerks, you can ask for an inspection and for repairs, and seek abatements against any rent owed.
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