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Question Regarding Stipulation I agreed to !!

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Question Regarding Stipulation I agreed to !!

Postby NYCMAN2009 » Sun Jan 11, 2009 10:14 pm

I have a quick question for experts/attorneys:

My brother was taken to court by his landlord Dec 17, the landlord wanted to end his month to month payments he was making and went to evict him.

Here is the situation:

His lease formally ended July2008, before that date he asked to be released early from lease due to noise issues etc with upstairs neighbor. The landlord granted the request, but due to economy etc... He could not afford to move so he just continued to pay rent month to month.

Then on OCT 31, he got a 30 day notice vacate.... On Dec 17 his wife went to court to ask for an extension. (He was sick at the time)


When she got to court she asked for an extension until Jan 31, (She had some leads on other places so I figured by 1/31 all would fall into place)

My Brother is not working (Filing for SSD)
His wife was working for a Bank

The extension was granted the judge said to the landlord:
No Lease Re-newal was given
Regardless of written agreements there was no letter from management
formally asking formally to re-new or not. This is the law in a rent-stabilized building.

NOW...my brother's wife lost her job 2 days ago....An attorney we called said we had to go back to court to file a "Order to Show Cause".

Due to the hardship of his wife not working now and his filing for SSD I believe this will be enough for a judge to allow this to go back to the courts.

Any feedback or advice?? Can we file ourselves ? Then get lawyer?

Thanks all!!
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Postby TenantNet » Sun Jan 11, 2009 11:29 pm

You don't do a OSC unless there's been a decision. You left that out. Was there a decision in the HC case? On what basis?

Is it indeed a rent stab apartment? If so, did the LL offer a renewal at any time? If so, whay are you letting a rent stab unit slip away?

Hardship is usually not sufficient reason to delay an eviction. Don't think that.
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RE HOLD OVER

Postby NYCMAN2009 » Sun Jan 11, 2009 11:40 pm

There was hold over hearing on 12/17:

Judge granted Jan 31 as a date to leave...This was before my brothers wife lost job (his wife thought they would be able to leave by then)


But Now...my brother and wife cannot leave by date agreed upon...due to their situation!

All they want now is new lease or continue month to month payments

Moving would be too expensive for them and NOW due to fact both not working...they would find it hard to get place....

As I stated before they NEVER missed rent payment and have some $$ saved for each month rent

No lease re-newal was given landlord atty claimed that "Written agreement to grant him out of lease early was good enough"

Judge on 12/17 said "Lease re-newal still should of been sent" and was NOT!

My brother and wife should NOT have agreed to 1/31 date to leave that is why they want to put case back on calendar
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Postby TenantNet » Mon Jan 12, 2009 12:10 am

Did the judge issue a decision? Or did the parties agree to a stip? Was tenant represented? What judge was it? What do you mean by "hearing." Was it a trial? Sounds like brother is digging a deeper hole.
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RE Hold over

Postby NYCMAN2009 » Mon Jan 12, 2009 12:16 am

Sorry didnt mean trial

on 12/17 judge at Mt vernon Court house made a stip between
my brother and the landlord which stated by 1/31 he would vacate property.

My brothers wife was there and had no legal counsel with her...She agreed to this stip "thinking" that things would work out...

Now they need to break stip....Pleas advise!
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Postby TenantNet » Mon Jan 12, 2009 12:45 am

Why post in the NYC area? I'll move it. Are you sure it's rent stab?
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Postby TenantNet » Mon Jan 12, 2009 10:19 am

Part of the problem here is that you are letting out facts piecemeal, which of course can change any response, either from me or others. Now I need to change my thoughts on this because you now say there was a stip. So yes, you probably do need an OSC. It might depend on if the stip was "so ordered" by the judge, or not. Also, now you tell us it was in Mt. Vernon, which has rent stab, but there are differences between Westchester and NYC.

Also, please, you do not need to send a private message which duplicates that which you have posted on the board. Regular users can see what you've posted on the board and don't need the same thing by PM.

If you're looking for legal representation, we suggest looking at those attorneys and firms that advertise on this site. There's enough that you can get a variety of opinions ... although this does not seem to be a hugely complicated situation, just a mess that your brother got himself into.

Also, generally, although we can all empathize about things like being sick, loss of job and so on ... some people are truly in need (and I suspect your brother is), but others are simply spoiled kids of yuppies who lost their Wall Street jobs and can't get Mummy and Daddy to cough up even more dollars (because they lost her money to Madoff) to pay for those $5,000 apartments.

But things like loss of jobs and even health condition (unless really severe) are not things that will make much of a difference either with the courts or DHCR.
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Postby Cranky Tenant » Mon Jan 12, 2009 9:36 pm

TenantNet wrote:Also, please, you do not need to send a private message which duplicates that which you have posted on the board. Regular users can see what you've posted on the board and don't need the same thing by PM.


Have you considered changing the name to "Instant Message?" Maybe then people won't misunderstand and presume that what they're writing is private.
I'm a cranky tenant NOT a cranky lawyer.
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