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Landlord stalled proceeding and now wants to go to court!

Posted by BrooklynZoo on April 12, 2001 at 15:18:16:

Hi. To briefly sum this up, I had a case against my landlord because my great aunt lived in an apartment where I resided with her 3-4 years before her death. I was her primary caretaker because she had cancer and I moved in specifically for the reason.

Now after she died, I contacted the lawyer to work on taking over the apartment. My name wasn't put on the lease at the time. Also, I know that succession rights were changed in relation to aunt-niece relationship. However, my aunt and I lived as a mother-daughter.

Over a period of about 8 months, I have gone to court numerous times getting the HP action. The City came by and inspected the apartment, which is over 40 years old and needs a lot of work. The landlord's lawyer showed up at court and the judged demanded the repairs to be made. They have made a few of the repairs but the more serious repairs were not made (like plastering and painting). We had agreed (off the record and with both of our laywers present) that they would move me to a smaller apartment which is in move-in condition and I would give up great aunt's apartment, which is $1200 market value. My aunt's apartment is either rent-controlled or rent stabilized at under $400. I have attempted to pay landlord for apartment even though I am in distress but he returns the checks. So I don't even try paying him.

Bottom line?? He gave me a move-in date around April 1st. After I contacted my attorney to tell him I need info on move date (April 3rd) within the next two weeks, he then returned a "$1000 or we go to court" deal to me. So at this point, what can I do? Also, how can I found out what should be repaired if I win? He said that he would only bring apartment up to code and not repair around bath tub, kitchen cabinets, etc. He would only repair or bring up to code what's on the City's inspection list. Are there any links to info on what have to be repaired in the apartment? My kitchen cabinets are not in usable condition and my bath tub needs some work. I have holes in my walls and it gets extremely cold. Thanks in advance.

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