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Payment due date as per stipulation

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Payment due date as per stipulation

Postby chill tenant » Fri Nov 29, 2019 6:51 pm

Entered into stipulation to make all payments through October by 11/30. 90% of payment made by HRA and cashed by LL on 11/18. This despite HRA mailing the payment to the wrong address.

I did not mail payment for the remaining 10% since in an identical situation a few years ago, my payment was returned since it was a partial payment. So I wanted to wait for them to receive and process payment from HRA on my behalf first.

I only learned about them cashing my payment from HRA on Monday. Numerous phone calls to them inquiring when i can come in and give them a money order for the remaining 10% were not returned.

The stipulation states: Issuance of the warrant of eviction shall be stayed to 10-27-19 and execution of the warrant shall be stayed to 11-30-19,on condition respondent make following payments, on default of which the warrant shall execute forthwith on landlord's or landlord's agents affidavit:

(A) $6840 by 11/30/2019

This being the way it is if I send a payment for the remaining 10% to them now, will this be considered on time?

The stipulation states ".....on condition respondent make following payments...."

Lawfully what constitutes "making a payment"? Me mailing it or them receiving it?

If the former then if they receive the payment in ther P.O. Box on Monday December 2, technically its late, even though I would mail it November 29.

Not sure what to do, I went to the court and got an order to show cause and attached proof that they got payment for 90% from HRA and also a copy of my money order for the remaining 10%. Have to return on Monday to pick up the Order to show cause.

Now should I still go ahead and mail the money order to them? Or should I wait untill next week and then just bring it to court on the return date?

What does the law or case law say on this?

Thank you
chill tenant
 
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Re: Payment due date as per stipulation

Postby TenantNet » Fri Nov 29, 2019 7:29 pm

I would think a lot depends on whether the just is strict or not. Can you prove you attempted to pay the 10%? I phone call asking "when can I come in" might not be sufficient.

So today is 11/29. You have one more day. Does the stip specify method of payment or how it is to be sent? If not, then I would think certified mail should be sufficient, especially as it is a holiday weekend. Depending where you are, there are post offices open tomorrow (Saturday). Send certified return receipt requested and get a receipt of the certified payment.

You can also go to the Main Post Office at 33rd/8th Avenue in Manhattan - they are usually open until 10 PM. However, I wouldn't play it that close. Try earlier. You can Google USPS NYC locations to find out the hours various branches are open.

I would mail it.
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