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Re: HP-Action

Posted by x on October 01, 2001 at 18:24:52:

In Reply to: HP-Action posted by Gary on September 27, 2001 at 13:12:48:

: I'm living in a rent stabilized apartment that's prewar on the upperwest side in Manhattan. There are 18 Units in the building. I just filed a HP-Action against the owner for lack of services in the my apartment and building. The health department has been over to inspect my apartment last week. The court is having someone inspect my place next week before the court date. I have recorded on cassette conversations with the super and the exterminator of the building. During our conversations they both made comments about the owner and how he is too cheap to fix anything in the building. Can I use this in court as evidence? I also have pictures of rats and rat holes inside the building and many other pictures of problems throughout the entire building. And do I need to get anything from the health department stating the conditions and problems inside my apartment and the building?

: Thank you,

: gary

The first time you appear before the judge, there will probably
be no trial and the judge probably will not be interested in
looking at any evidence -- tapes, photos, or anything else -- that you bring (bring them anyway, and let the landlord's attorney know you have them). The judge will focus on the inspection report submitted by the City inspector, and probably
sign an order for the landlord to repair the only problems that appear
on the inspection report. She will probably not be interested
in ordering the landlord to repair anything that does not appear
on the inspection report (unless it is a serious problem that arose
after the inspectors visited, as in,

"You honor, my ceiling collapsed last night. It does not appear
on the inspection report, but the landlord needs to fix it.")

You can ask the HPD attorneys in court for them to let you look over a copy of the inspection report and the proposed order before they go to the judge. If you notice that a problem in your apartment is missing from the report, mention it to the HPD attorneys, show them
the photos, and tell them that you want the problem added to the order. You might be able to get them to add something like

"Tenant claims XXXXX; landlord to inspect and repair as necessary."

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