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ASAP for Undocumented Tenant-Holdover

Posted by Jackson Chin on June 27, 2001 at 18:54:28:

Need help by 6-28 Thurs!!! NYC, rent-stabilized, 10 units, written lease, local landlord.

I'm a non-housing public interest lawyer who wants to advise and draft PRO SE answer to protect a non-English speaking immigrant tenant and his niece who has mental health problems. They could not get help at Legal Services due alien status. I can't go to court.

Landlord and wife runs realty management office, she refused proffers of past months' rent checks, saying she wanted him out and not willing to rent anymore to him due 25 yo niece who is mentally ill (she's not violent to self or anyone- outpatient).

LL's holdover Petition alleges T's non-payment of 2 months. LL also seems to indicate it as a commercial building, but in fact, the one commercial store unit is separate from other ingress to multiple residential units in 5 story walkup tenement; T has written leases from '97-99 and crude rent receipts; Lexis search shows that the lease's Lessor company was dissolved 2 months prior to this filing; the Petition names the individual owner RRR, name different from that on lease's. Lexis search also shows EACH separate unit by apartment number at T's address as owned by The RRR Revocable Trust. Service seems proper, Jane and John DOES included. Any defects per above?

What should T's Answer say? Is motion to dismiss needed? What should he be ready to seek in Housing Court??? Should we later file Commiss on Human Rts discrim. complaint?

Thanks JC, 212-739-7572

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