Re: Eviction in Supreme Court
Posted by john on June 12, 1999 at 14:16:29:
In Reply to: Eviction in Supreme Court posted by Pat on June 09, 1999 at 13:45:08:
That was a scathing message from Richard but your question was could a landlord, who doesn't have the proper registration at the buildings department, etc prevail against you in supreme court, RIGHT?
OK, go to the law library at 80 centre street 4th fl., and look up supreme court cases under ejection, eviction, landlord, tenant, etc. and look up other cases. If you find one where a tenant won, get that lawyers name and have a consultaiton. Go to the housing court at 111 centre street, if your case is in manhattan, or any borough in the morning, you will find many housing lawyers who may answer your questions. Ask the pro se attorney at the housing court. Ask the Supreme Court pro se office on the main floor of 60 Centre Street asap. Call citywide task force on housing court or visit their table on the main floor of the housing court at 111 Centre street or find out where they may have information centers in your borough. Call monday. It seems to me that a landlord would have to have proof of ownership from the deed, the Multiple Dwelling registration form with HPD, housing preservation and development, to the certificate of occupancy with the building department. To me, it would have to be proof of a proper party to bring an action for possession. No marshal can evict a tenant without the proper party being on a warrant of eviction. If your landlord's name on the deed is not the name on the MDR, he has no jurisdiction, or a certificate of occupancy, he should have no jurisdiction, and you would go to the pro se office for the self represented and ask them how to make a motion to dismiss based on no jurisdiction of the party seeking possession who is claiming to be the petitioner or complainant. Look up in prior supreme court cases or law pertaining to RPL, RPAPL, or CPLR rules about what are the qualifications of ownership as to who can maintain a case for ejection against you. That is what I think is possibly your answer. If you think that a marshal is going to eviction you without the proper party on the warrant as landlord, call the department of investigations, marshal's unit to have them check it out with the marshal.
If your case hasn't gotten that far, stop it asap by making a motion to dismiss based hopefully on lack of jurisdiction since he doesn't have a c of o and find out what other documentation he doesn't have, especially a proper MDR with the proper owner on line 5 which has to be the same name on the deed, look up at 31 Chambers at the 2nd fl. hall of records, get a print out if a rent and lease assignment was made to the owner from the prior owner. If the landlord is doing something illegal, it is because he's conducting business wrong. You can expose this in supreme court yourself with the proper ceritifed copies of his deed and the MDR from 100 Gold street from HPD code enforcement if the owners names are different as owner on both documents. It seems that you also could counter sue your landlord for ILLEGAL EVICTION in the same case or use this as a defense in your answer. Look up the RPL or RPAPL law for illegal eviction which is what you defense is as well as he is not the owner if his documentation is wrong and doesn't have jurisdiction or evict you. Even if the c of o is wrong, the main important issue is the name on the deed has to correspond with the name of owner on the Multiple Dwelling Registration with HPD. The managing agent isn't important if the owner listed on the MDR is not on the deed. The requirements of owner are in the City of NY Administrative code, if you need actual laws, or case sites, you have to look them up to add to your answer with counterclaims. get help from the pro se office at 60 centre street if your case is in manhattan. Hope I've helped.
John
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