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Appealing a dismissed eviction appeal again?

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

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Appealing a dismissed eviction appeal again?

Postby brooklynstabilized » Sun Jun 14, 2020 3:35 pm

Hi Guys,

So I'm a rent stabilized tenant and my Landlord tried evicting me, but it got dismissed by the judge. The Landlord then appealed that decision, but that appeal was also dismissed. Is he allowed to appeal it again? He sent me an email saying he was continuing his appeals case against me. The court even sent a letter saying that their appeal was dismissed. Can they keep appealing a dismissed appeal? Thanks.
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Re: Appealing a dismissed eviction appeal again?

Postby TenantNet » Sun Jun 14, 2020 4:17 pm

You say the LL took you to court Was it a non-payment or holdover? You say it was dismissed, but appealed. Was that to the Appellate Term?

Not knowing the details, chances are he can then appeal to the Appellate Division and then to the Court of Appeals.

This stuff can get complicated, so we would need to know details to give you our opinion as to his next steps.
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Re: Appealing a dismissed eviction appeal again?

Postby brooklynstabilized » Sun Jun 14, 2020 8:17 pm

Sorry about that. It's from a holdover case. Basically the Landlord is trying to sell the building and trying to get rid of as much rent stabilized tenants as possible.

It was appealed to the Appellate Term of the Supreme Court. It said there was no enlargement of time to perfect the appeal having been granted it was ordered that the said appeal is dismissed. Are they able to appeal this even though it was the Supreme court? Thanks
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Re: Appealing a dismissed eviction appeal again?

Postby TenantNet » Sun Jun 14, 2020 9:22 pm

In NY State, the "Supreme Court" is equivalent to the county court elsewhere. It is not the top court of the state. In pecking order, you have:

5. Special Courts(Housing Court, Surrogate Court, Family Court, Small Claims, etc.)
4. Civil Court of NYC
3. Supreme Court (each county has a Supreme Court)
2. Appellate Division (11 divisions for all of NY State)
1. Court of Appeals (the highest court of NY State)

In general, appeals from Housing Court go to the Appellate Term (basically an extension of Supreme Ct.), the App. Div. and then to the Ct. of Appeals

Where to file a case can depend on the amount of money one is seeking, also whether certain procedures like discovery is warranted, and if the court is a court of equity. Housing Court is limited in that it seeks possession for non-pay or holdover and little else.

Are there other RS tenants in the building; have you organized a tenant assoc.?
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Re: Appealing a dismissed eviction appeal again?

Postby brooklynstabilized » Sun Jun 14, 2020 10:39 pm

Thank you. Yes we have 2 years ago. The Landlord is also trying to evict them. We have a pending harassment case against them now.
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Re: Appealing a dismissed eviction appeal again?

Postby TenantNet » Sun Jun 14, 2020 11:18 pm

Power in numbers ... and you should get a tenant attorney if you don't already have one. If any tenant in the group qualifies for low income free legal services, they might help all the tenants in one effort. Also see if your location's zip code falls into the Right-to-Counsel program. https://www.evictionfreenyc.org

Seems odd that the LL is trying to clear the building. The 2019 laws took away the incentive of high rent deregulation, so evicting a tenant (and then spending money on the unit to raise the rent to above the deregulation threshold) no longer exists. It might still apply if the case started pre-June 2019. You would have to check.
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Re: Appealing a dismissed eviction appeal again?

Postby brooklynstabilized » Mon Jun 15, 2020 12:07 am

Thanks. Yes we have a Tenant Association lawyer. The thing is the Landlord and his wife aren't too bright. 4 of their cases already got dismissed because they put generic reasons they got from google as to why they're trying to evict rent stabilized tenants (ex: nuisance, collayers, etc.). I think they believe they'll be able to sell the building for more money if they can get rid of the rent stabilized tenants. They're also mad at us for complaining to HPD and DOB and getting them violations, which they deserved so this is retaliation for that as well. We'll see how it goes, but I like our chances.
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Re: Appealing a dismissed eviction appeal again?

Postby TenantNet » Mon Jun 15, 2020 4:22 am

You can't write just something like "nuisance." On a holdover, in most cases (with few exceptions), LLs must serve a Notice to Cure, followed by a Notice of Termination and then a Petition. The Notice to Cure must state facts (a specific allegation of what the tenant is accused of doing, i.e., "the tenant played his stereo at 3 AM" citing specific dates) as opposed to a conclusion ("the tenant is a nuisance").

Do you mean Collyer's condition or disease, commonly called hoarding? Again, whether it exists is a question of fact, but can often be dealt with by a motion showing photos, etc. There are tenants with a lot of stuff, but hoarding is an extreme.

My LL has been trying to get me out for 35 years or more, and when warranted, I've made many complaints to DHCR, HPD, DOB and so on. So keep up the good work.
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Re: Appealing a dismissed eviction appeal again?

Postby brooklynstabilized » Mon Jun 15, 2020 6:55 am

Yeah they did the notice to cure, and all of those things too. I'm just saying over all the stuff the put was just general stuff that Landlords try to throw tenants out for. We have cameras in our apartment so it's not like we didn't have proof of their lies. I think they just think they can intimidate us, and force us to get tired and leave. Not happening. Thanks.
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