This forum looks like a great place to get a piece of advice.
Short-story and the quick question:
I have already asked for an adjournment on my first case date and I was granted it.
In three days I have another date which I also want to adjourn for the reason there are conditions on my apartment that LL does not provide (heat & hot water).
I read that LL lawyer may request me to pay the whole sum or part of the sum within the 5 days, but is there a way to avoid it, considering, I might owe much less or not owe at all?
More information and Backstory:
My child received a disability (officially) therefore since summer me and my wife had to re-arrange our lives, temporary drop work, and required to spend more time with our son as his condition can be treated at this early age and disability can be less severe.
When this happened I explained to LL this situation and told him I won't be able to pay till Jan-Feb. He wasn't happy but he agreed. Unfortunately a few months later he died and his granddaughter called me asking for a rent payment. She explained that whatever agreements we had she doesn't know about them and they are not valid anymore, and since many tenants left the building she needs rent asap. I explained I'll do what I can, but there was nothing I could do then. I am self-employed and when I work on my projects usually I get about 4x my rent, therefore I planned to pay everything I owe in 2-3 month, including current rent.
In December I received a notice on a different name, but to my apartment, neighbors told me that the name on the paper is of the previous tenant. I live in the building 4 years, so I assumed that new LL did that on purpose thinking I am going to dismiss the paper, but I didn't > I went to court and asked for the case to be dismissed and it was dismissed. The landlord's lawyer was surprised and unhappy to see me. I think they wanted to play me and evict under another person name.
I went to see a free lawyer and he was asking me questions about what services I get in the apartment what I don't. In our apartment heat & hot water is being provided via Boiler installed in the apartment and via A/C (big and old one) that is installed in the wall (all tenants in the building have same equipment provided by the LL).
As I was explained, due to this, in order to have heat or hot water, we need to use electricity, therefore, our bills are over $500 in the winter time and around $300 in the summer. He checked the lease (I checked it a dozen times as well) and there was not a word saying that I have to pay for the electricity related to the delivery of the heat and hot water. I live in the Rent Stabilized Bulding.
The free lawyer suggested calling the Housing Court Hotline as well as DHCR and checking on with them. The HCH suggested that it should be included in the rent and that LL should take that off my rent (or owed amount). The DHCR confirmed that and even asked about how A/C works and Boiler in the apartment, so it looks like they have experience in that and my LL is not the one doing that.
At the moment I do not have the money to pay everything I owe (about $16,000 - 8-month rent). I am back to work, but first I had to cover my outstanding bills such as electricity. Literally, have money on the first-needs and the support from the government that was provided for my child needs. The free lawyer advised me to apply for a one-shot deal, get papers from DHCR, bring documents about my son condition, + document about the surgery that I am going to have in 2 weeks, and come to the court asking for another adjournment.
DHCR will have to come and inspect the apartment to freeze my rent (that's what they told me). I got the case number, but I do not have the Deck number or paper with the date yet. I am going tomorrow to apply for the one-shot deal, (it's not that I really need it, but lawyer suggested I still do that to show the court I am doing things, + who knows maybe I will get it), and I will get a paper from them too.
My question is: what can I really have my date adjourned for the second time? get more time to figure out the heat & hot water bills and get them adjusted to the amount I owe?
From what I read online the lawyer can ask the judge to make me pay if I ask for an adjournment and judge will order me to do so.., and if I go to the stipulation I will have to agree on the conditions without deductions for heat & hot water overcharge?
What can I do to get more time without making payment and without agreeing on anything before my apartment is inspected and the sum is adjusted?