Hi, I know it's been a while but I did want to return with an update. The landlord had not one, but two lawyers going back and forth filing motions the day of the case.
Even the other tenants were in disbelief at how they both were trying to solicit advice from a THIRD resident lawyer, just for little ole ME. They were , in lamens terms, ganging up on me, literally.
The case was adjourned by the mediator who shook her head at the lawyer(s). The landlord himself hasn't shown up for a case in months and hasn't even come by to collect my rent in 2 months. I have purchased my rent in the form of US postal money orders and I am holding onto those.
I FOILed DHCR and they sent me a docketed Administrative Determination from '95 in which the building was inspected and found to have SIX units. The tenant was owed over 28,000 dollars in overpayments.
The bad news is, the case (which was initiated in 1987 and "dertmined in her favor in 1995" was later REVOKED in 1999, because the landlord had countered by providing proof from HPD that the building was 5 units. The tenant was no longer at the apartment in 1999 to answer the appeal from the landlord, so the 5 unit status was granted.
I understand that the tenant forfeited the case for her failure to answer communications. What I fail to understand is how it was stated in the Reconsideration that all previous facts were superceded by the new docketed order.
Despite what proof the landlord provided, how can an inspection by DHCR that determined the building is six units be superceded? Doesn't it then become a matter of fact, despite what outdated records HPD might supply the landlord with?
It's very frustrating, but I've come this far so I will continue to FOIL whatever info I can to prove my case. I still wonder why someone can't just visit the place, open the gate he has this apartment hidden behind with the jaws of life and simply force this man to be honest, record-wise, about this place with EVERY administrative agency.
It just seems like the courts are giving this owner an opportunity to try one thing after another until he hits on something that can get us out, and no one can ever really determine what agency has jurisdiction. I am tired of just defending myself while he is allowed to take "shots in the dark".
I feel as if I need to find a more "offensive" position in this matter.