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Re: Collecting an award/security deposit after the fact

Posted by Mark Smith on January 05, 1999 at 00:58:08:

In Reply to: Re: Collecting an award/security deposit after the fact posted by djeannette on January 04, 1999 at 22:54:46:

: Mark SMith; thanks for your advice - unfortunately I moved out of the building and it is
: a co-op so the other owners would not go for that suggestion. Have you had this happen to you?

: Regards

: Djeannette

I once brought an H.P. action against my landlord, and H.P.D. got a judgment against the landlord. H.P.D. then served me with a restraining notice. And the landlord brought a non-payment proceeding against me. There was nothing more satisfying than going to court and using the restraining notice as a defense. Eventually the sheriff served me with a levy for the amount of the judgment, plus fees. And the case was finally dismissed on my motion because the landlord had sold the building.

You should make the status of your landlord clearer. Was he the co-op sponsor or other holder of unsold shares? Or did he purchase the apartment as an investment and rent to you or "inherit" you as a rent-regulated tenant? You should be able to serve restraining notices on any tenants whose apartments are owned by the same landlord against whom you got the judgment.

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