Moderator: TenantNet
by chilly » Sat Dec 08, 2012 1:19 pm
by brookerlyne » Mon Apr 01, 2013 11:20 am
by TenantNet » Mon Apr 01, 2013 11:34 am
by brookerlyne » Mon Apr 01, 2013 12:02 pm
by TenantNet » Mon Apr 01, 2013 12:10 pm
The best evidence rule has been codified in Rules 1001 to 1008 of the Federal Rules of Evidence.[4] These rules generally require the original or reliable duplicate of any "writing, recording, or photograph" when the content of that evidence is given legal significance by substantive law (such as a contracts or copyright dispute) or by the parties themselves (such as using a video recording of a bank robbery). The rule is only a general preference, as rules 1004 to 1007 permit exceptions when the original is unavailable, only of collateral importance, a public record, burdensome, or admitted by the other party in writing or deposition. Rule 1008 gives judges the power to determine whether evidence satisfies these rules and should be submitted to the jury, with the exception that evidence should always be submitted for jury review when an issue is raised whether: (a) the original ever existed, (b) the evidence offered is in fact the original, or (c) whether secondary evidence correctly reflects the contents of the original.
by ronin » Tue Apr 02, 2013 12:53 am
by Cranky Tenant » Tue Apr 02, 2013 1:52 pm
by NeoAmsterdam » Tue Apr 09, 2013 10:08 pm
by TenantNet » Tue Apr 09, 2013 10:27 pm
by NeoAmsterdam » Tue Apr 09, 2013 10:41 pm
No only rent stabilized, but there's even a DHCR Order Reducing Rent dating back to 2008! I checked with DHCR at their Harlem office on Mar. 22 and they confirmed that the Order is still in effect.TenantNet wrote:Are you rent stab? If so, he can't raise the rent by 50%.
The lease expires in August. The three-day notice and the Notice of Petition show rents due only as far back as February 2013.TenantNet wrote:He also can't raise the rent until the current lease expires.
It means that the LL's bank picks up the rent checks from a P.O. box and deposits them into the LL's account(s). I'll swing by my bank ASAP tomorrow morning to get an explanation in writing. (I hope thy open before housing court does...)TenantNet wrote:I have no idea what "lockbox deposit" means. Ask the bank and try to get the explanation in writing.
Hmm... Well, I wasn't getting any sleep anyway - time to do more research.TenantNet wrote:Statements could possibly be evidence in support of rent payments, but I don't know if it would be considered absolute proof. I think that would depend on the judge and perhaps caselaw.
by TenantNet » Tue Apr 09, 2013 11:07 pm
by brookerlyne » Wed Apr 10, 2013 1:58 am
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