Posted by EGH on October 13, 2000 at 14:42:25:
In Reply to: Re: eviction, and dhcr vs. housing court posted by kristin on October 12, 2000 at 16:16:43:
In answer to your questions:
1. DHCR does not "handle" article 78 proceedings. In this case,
you would be suing DHCR because you disagree with their
administrative decision. If you sue DHCR, your legal fees
would certainly mount.
2. Yes, their are more inhospitable housing climates than New
York City. Try being a tenant anywhere else where a landlord
can evict you after 30 days' notice, raise the rents at any time,
and provide no services whatsoever -- which is what we will
have here if the assaults on rent regulations continue.
: Thanks for your help, EGH. To clarify, I'm waiting for an eviction/holdover proceeding notice because that is what my landlord did when we lost our initial rent overcharge complaint. However the judge laughed my landlord out of court because he cashed our rent checks after he moved to evict us. He said we would reconvene when DHCR made a decision. I hope we go before him again as he seemed sympathetic. None of us have current leases at the moment. I want nothing more to do with DHCR--and they are who handle Article 78 proceedings, right? I'm also leary of dragging this out any more because of the mounting legal fees. New York City is really getting to me. Is there a more inhospitable housing climate?
: : You should really send this list of questions to your lawyer,
: : who should be familiar with the details of your case. Some
: : of the things you say don't make a lot of sense without knowing
: : those details -- for example: why are you expecting to be
: : evicted? Why is your lawyer suggesting that you file another PAR?
: : (Usually when you lose a PAR the next step is to begin an Article 78
: : court case, which is a type of complaint you make when you think
: : a state agency has made an improper decision.)
: : Anyway --
: : Regarding your question about housing court being "tenant friendly:"
: : Your priority should be to try to reassert your status as rent stabilized
: : tenants. You should discuss this with your attorney -- doing another PAR,
: : an article 78, whatever your attorney suggests. No one is less "tenant friendly" than DHCR nowadays. Recent decisions they have taken regarding tenants are just lunatic. However, DHCR cannot evict you from your
: : apartment. A housing court judge can, and if rent stabilization
: : protections have been stripped from you, and you are a month-to-month tenant,
: : you have fewer tools with which to defend yourself in court should the
: : landlord try to terminate your tenancy. If you let the DHCR decision
: : about your rent stabilization status stand, a housing court judge is unlikely
: : to deal with this issue: it has been already decided in another forum.
: : Try to get those rights back. Talk to your attorney.
: : Will housing court give you three months to vacate?:
: : There is no such regulation or way to predict this. You should check this
: : website about holdover actions (which are cases where the landlord claims that
: : you have violated your lease or that you have no right to your apartment).
: : These cases can be very complicated and can take ages. If you read the material
: : on this website about tenant rights, you should be in a better position to discuss the particulars of your case with your attorney.
: : Will you have to pay all back rent, even if you have been living
: : in substandard conditions?: If the landlord sues you for back rent (which
: : is different from suing you claiming that you have no right to continue
: : living in your apartment) you can claim in court that you should receive
: : a rental abatement to compensate you for the landlord's failure to maintain
: : your building. Another thing to review with your attorney.
: : : My neighbors and I just lost a PAR with DHCR, who claim that my building is not subject to stabilization due to substantial rehab in 1987 after a fire supposedly destroyed our building (we got signed records from the fire dept stating that no fire ever occurred at our address). Meanwhile one of my neighbors was given a rent stabilized lease in 1995. None of the decision makes sense. Our building is falling down and our boiler is 70 years old. We submitted an architect report detailing all of the decrepitude.
: : : Anyway, we just got the decision yesterday and are waiting for our 30 notices of eviction. Our lawyer says we could file another PAR but I wonder if that is worth it as DHCR has not helped us either of the times before we came to them for help. Housing court is more tennant friendly, right? Also, will they give me 3 months to vacate? I really need more than 30 days. And we've all been on rent strike since the landlord tried to evict us in april. Will we have to pay back all of the rent even though we've been living in sub standard conditions? We've had decreased security due to the removal of one set of front doors and the weakening of remaining front doors, a broken heater that has not been fixed in a year and general filth in the common area and trash piled perpetually high on the stoop. Any information you could give me would be appreciated. My main concerns are how much time I can stretch this out for and how much money I will have to pay them.
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