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Posted by EGH on June 23, 2000 at 13:12:05:

In Reply to: Start HP Action now! posted by John on June 23, 2000 at 11:46:00:

I disagree with the this response. You should do what the judge in
the non-payment case told you to do: return to court and complain that
the landlord did not comply with the stipulation. The case is not over
until all parties comply with their agreement. If the landlord did
not comply with the agreement, the judge who signed it still has jurisdiction.
The penalties for not complying with the stipulation are potentially
more severe than those for housing code violations.

You can withhold rent, and when you return to the original judge you can
ask for (and maybe even receive) a rent abatement based on the landlord's
failure to repair. This is not the case with an HP action; in that kind
of action, the judge only has jurisdiction over repair issues, not rent
payment issues.

Follow the judge's instructions: go back to court, and tell the clerk or
the pro se attorney that the landlord did not comply with the stipulation.

: Did you pay the rent? If yes, then his non-payment issue is over with you. You must now sue him for the necessary repairs that were promised to you from the stipulation.

: You can do one of two things... Go back to the Judge who signed off on the stipulation and complain or start a HP Action. A HP Action would be better in your case, because the rent was paid for and you are fighting for the repairs you were promised.

: This separate case would focus on the repairs to the dwelling and to your apartment so please include everything you may have in the stipulation and the common areas (mailbox, staircase, fire escape, etc.).

: He can sue you again for non-payment if you withhold rent and avoid making repairs, because of your promise, so start that case right now and show your landlord you are not playing any games.

: John

: : A court settlement was agreed upon by me and my landlord for back payment arrears. The stipulations of the settlement was that the landlord would fix the repairs necessary in my apartment by two days after the court date(LAST sATURDAY). The super of the building came last night, but after he finished and left, I realized that the problem was not fixed at all. He only created another problem. The judge told me that if the repairs were not complete by the said day(last Saturday) to come back and speak with the Pro-Se attorney and enter a complaint against the landlord. I am sure that the super of the building is not certified to do thses works in the building. My question is this, if I go today and enter my complaint against the landlord, can I withhold rent until the new court date. Since the repairman(the super) was (5)days late in even coming to look into the problem, and also that the repairs were incomplete, is the settlement void. I am in Brooklyn, NY, and live in a rent-stabilized apartment. Can anyone help asap, I am planning on going to file my complaint today.

Follow Ups:

• Assume this has already happened to you, like me. John 06/23/00 (0)

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Comments:
: I disagree with the this response.  You should do what the judge in 
: the non-payment case told you to do: return to court and complain that 
: the landlord did not comply with the stipulation.  The case is not over
: until all parties comply with their agreement.  If the landlord did 
: not comply with the agreement, the judge who signed it still has jurisdiction.
: The penalties for not complying with the stipulation are potentially
: more severe than those for housing code violations.

: You can withhold rent, and when you return to the original judge you can 
: ask for (and maybe even receive) a rent abatement based on the landlord's
: failure to repair.  This is not the case with an HP action; in that kind
: of action, the judge only has jurisdiction over repair issues, not rent
: payment issues.

: Follow the judge's instructions: go back to court, and tell the clerk or
: the pro se attorney that the landlord did not comply with the stipulation.

: 
: : Did you pay the rent? If yes, then his non-payment issue is over with you. You must now sue him for the necessary repairs that were promised to you from the stipulation. 

: : You can do one of two things... Go back to the Judge who signed off on the stipulation and complain or start a HP Action. A HP Action would be better in your case, because the rent was paid for and you are fighting for the repairs you were promised. 

: : This separate case would focus on the repairs to the dwelling and to your apartment so please include everything you may have in the stipulation and the common areas (mailbox, staircase, fire escape, etc.). 

: : He can sue you again for non-payment if you withhold rent and avoid making repairs, because of your promise, so start that case right now and show your landlord you are not playing any games.   

: : John

: : : A court settlement was agreed upon by me and my landlord for back payment arrears. The stipulations of the settlement was that the landlord would fix the repairs necessary in my apartment by two days after the court date(LAST sATURDAY). The super of the building came last night, but after he finished and left, I realized that the problem was not fixed at all. He only created another problem. The judge told me that if the repairs were not complete by the said day(last Saturday) to come back and speak with the Pro-Se attorney and enter a complaint against the landlord. I am sure that the super of the building is not certified to do thses works in the building. My question is this, if I go today and enter my complaint against the landlord, can I withhold rent until the new court date. Since the repairman(the super) was (5)days late in even coming to look into the problem, and also that the repairs were incomplete, is the settlement void. I am in Brooklyn, NY, and live in a rent-stabilized apartment. Can anyone help asap, I am planning on going to file my complaint today.


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