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Re: Retaliatory Eviction

Posted by brenda on March 03, 2000 at 09:35:56:

In Reply to: Retaliatory Eviction posted by Malvine Small on March 01, 2000 at 17:27:55:

: I live in a two-family house located in queens. My leased expired last February (1999) but my landlord continued to accept rent payments; I have all my rent receipts & have paid on time. I never had any problems with my landlord until she moved to the first floor the beginning of February. Prior to her moving in, our apartment always had adequate heat. My family complained to her about the heat; her response was her heat bill was very high & ignored our pleas for adequate heat. There are other repairs that needs fixing that she also ignored. What can I do about this since she's ignoring all our complaints.

: On Monday, 2/28, a faxed copy of a 30 day notice to vacate the premises on march 31 was pushed under my door; my mom noticed it when she was leaving for work; no one rang the doorbell. I need to know if I was properly served. Also, I received a certified copy of the faxed 30-day notice in the mail. The notice also lists my sister as an undertenant which is not true; she's been living there since we moved in (June 1997) . The landlord knows my sister; I don't have contact with the previous landlord to prove that my sister was with us from the beginning. How can I prove that she is not an undertenant.

: I'm going to get evicted because I called HPD to issue a complaint regarding no heat several times; this lead to an inspector coming to our home (february 18th) to do an inspection; the inspector gave the landlord a violation notice. I was browsing some cases back in 1997 & read that RPL Section 223-b which prohibits retaliatory eviction doesn't apply to owner-occupied dwelling with fewer than four residential units. Does anyone know if this has been amended; if not, where can I go to get an answer. Your response is greatly appreciated. Thank you.

Don't "apologize for complaining." It is too late to make nice with the landlord, she wants you out.
The simple answer is that you need a lawyer. Don't try researching this question yourself. Even if you are right, or if some other statute applies, you really need a lawyer or you will be steamrolled in housing court.

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