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Bringing an Action to Compel Repairs

NYC Housing Court Practice/Procedures

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Bringing an Action to Compel Repairs

Postby loseyourchains » Mon Jun 17, 2019 1:13 pm

I want to bring an action to compel repairs. There are a few wrinkles in the case that might complicate matters.

Per this site's rules, let me give you the following introductory information at the outset: I am in New York County; my building has well over 100 units most of which are no longer subject to rent regulation; I am in a rent stabilized apt and my name is on the rent stabilized lease.

I have a report regarding recent environmental testing. The report shows that mold and asbestos is in the apartment's ventilation unit. The ventilation unit that services my apartment is accessed through an adjacent apartment.

I am a bit leery of going to Civil Court. If I go to Civil Court, I will be expected to ask for an inspection.

However, the inspector will probably only search in my apartment when in fact the problem in the ventilation unit can only be accessed through my neighbor's apt.

My questions:

1) How should I overcome the aforementioned problem?

2) Other than increased expense, would there be any downside if instead of going to Civil Court I went to Supreme Court and asked for injunctive relief there. In Civil Court, I am confused as HPD's role and presence has always served to mystify me. In Supreme Court, the perplexing ambiguity of HPD does not come into play.
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Re: Bringing an Action to Compel Repairs

Postby TenantNet » Mon Jun 17, 2019 1:28 pm

You have three choices:
1. HP Action in Housing Court. Compels repairs after HPD inspection. Does nothing else.
2. Withhold rent, get sued in Housing Court. List repairs (Warranty of Habitability) as defenses and counter-claims. LL sues you, but you can get repairs.
3. Supreme Court, expensive and complicated.

Simplest method is #1, but thee relay on inspections. Might be difficult to get your testing report in.

Full Civil Court (not Housing Court) will probably look at the report and where the problem lies. So would Supreme. Maybe in Housing Court, but I wouldn't hold my breath. Probably depends if you have a lawyer or not.

There is/was a city law from a few years ago where the LL must deal with the "underlying cause" of an issue.

I don't know if you need injunctive relief. Probably wrong solution. Do you have a lawyer?
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