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Posted by Maxie W on October 18, 2000 at 08:49:30:

The law now reads that a rent control tenant who is taken to court by a landlord to prove primary residency is not entitled to re-coup lawyer fees. My problem is that I have been taken to court on two occasions by my landlord and have won both cases. My landlord has taken the decision to the Appeals court and has lost and is now taking the case to the next Appeals court. This is all fine for the landlord but this is costing me a fortune (money that I don't have). I've been living in this buiding since 1946 and have to prove that this is my primary residence??? I have proved this in court twice already! Why should I have to pay well over $5,000. I live in a rent controlled apartment because I am not a rich person. I work everyday and make enough money so that I am not eligible for Legal Aid. The landlord is going to the Appeals Court trying to change the existing laws in my case - where can I go to try and change the existing law which states that "if there is no lease on a rent control apartment, you cannot re-coup lawyer fees" where is the fairness. I thought you were innocent until proven guilty!

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• Re: Lawyer Fees Mark Smith 10/18/00 (0)

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: The law now reads that a rent control tenant who is taken to court by a landlord to prove primary residency is not entitled to re-coup lawyer fees.  My problem is that I have been taken to court on two occasions by my landlord and have won both cases.  My landlord has taken the decision to the Appeals court and has lost and is now taking the case to the next Appeals court.  This is all fine for the landlord but this is costing me a fortune (money that I don't have).  I've been living in this buiding since 1946 and have to prove that this is my primary residence???  I have proved this in court twice already!  Why should I have to pay well over $5,000.  I live in a rent controlled apartment because I am not a rich person.  I work everyday and make enough money so that I am not eligible for Legal Aid.  The landlord is going to the Appeals Court trying to change the existing laws in my case - where can I go to try and change the existing law which states that "if there is no lease on a rent control apartment, you cannot re-coup lawyer fees" where is the fairness.  I thought you were innocent until proven guilty! 


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