Posted by John on June 23, 2000 at 22:52:51:
In Reply to: Re: Start HP Action now! posted by EGH on June 23, 2000 at 13:12:05:
Remember, I am passing on experience that has happened to me, not Legal advice.
When I went to court for the same problems you had, I signed a stipulation with my landlord for rent and repairs, and it seemed simple to me so I signed the document and set up dates for when the super was going to fix my problems as stated in the stipulation.
When I paid the rent (which was so ordered by the Judge with this document) Naturally, I waited for the repairs the landlord and the super promised. The super of course canceled his appointments with me a number of times, because of other pressing issues and rescheduled different dates that were more of a convenience for him then it was for me (he knew my daily routine).
After several weeks in to months of missed appointments and empty promises from both the landlord and the super I went back to court and reopened the housing court case in reference to the stipulation and the lack of repairs (getting a court date took time too).
Once in court the judge asked me to show rent receipts in reference to the original non-payment dispute and asked the reason for this visit. I stated that the landlord did not make any of the promised repairs, so the landlord stated that access to my apartment was not given and that they have reschedule several times with me to make the repairs. I argued that times and dates were given to access the apartment so after the judge hearing this and other statements reordered repairs and sent me on my way.
Long story short: My lease ran out and I was told to move. An HP Action will give you quicker results than doing the rent for repairs gamble (and the landlord can tap dance every time you go to court on your dime) and a court ordered housing inspector will visit your home as part of the package (in non-payment cases an inspector can visit your home, but the rent must be deposited with the court).
Choose your own path.
: 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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