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Posted by Mark Smith on August 04, 1999 at 15:33:21:

In Reply to: Re: I just found out that my apt. is illegal (rent dispute has been going on for 6 mos.) posted by cecy on August 04, 1999 at 11:23:14:

I think that your attorney is right about the burglary (not robbery) and the landlord's liability, but I suspect that she is not an expert in housing law (on Staten Island, with so few renters, I would suspect that there are very few landlord-tenant lawyers). She certainly should have investigated the C of O and MDR situation. In your original message, it sounds like the judge did more for you than your attorney did -- even about your burglary-related counterclaim. I would suggest finding a new attorney, expert in New York City housing law.

: I do have a written lease which does state that I must pay for the landlords lawyer.
: I have been withholding the rent becase of the robbery in my apt. My apt. was robbed 3 days after the others were reported
: to the landlord. So my lawyer said that he is Negligent because he never alerted anyone about the robberies - if he had I would have immedietly
: have had my locks changed and my apt. wouldn't have been robbed - my attorney said that he is negligent because it was forseeable that I might be robbed & something could have been
: done to prevent it. The building does have a c/o that seems to be in order but it was never registered as a multiple dwelling the lady at
: the DOB told me that the owner had signed an affidavice (sp?) stating that the building was not a multiple dwelling
: when he first did all of the paper work associated w/ the c/o. My attorney doesn't seem to really be giving me straight answers
: she wants to wait to discuss the case further when I receive the new court papers. Would know how this works ? From what I understand
: Iyou cannot be sued for non - payment of rent if the apt. isn't properly registerd - Is this true ? Any answers would be really appreciated Thanks for all of your help !

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Comments:
: I think that your attorney is right about the burglary (not robbery) and the landlord's liability, but I suspect that she is not an expert in housing law (on Staten Island, with so few renters, I would suspect that there are very few landlord-tenant lawyers).   She certainly should have investigated the C of O and MDR situation.  In your original message, it sounds like the judge did more for you than your attorney did -- even about your burglary-related counterclaim.  I would suggest finding a new attorney, expert in New York City housing law.

: 
: : I do have a written lease which does state that I must pay for the landlords lawyer.
: : I have been withholding the rent becase of the robbery in my apt. My apt. was robbed 3 days after the others were reported 
: : to the landlord.  So my lawyer said that he is Negligent because he never alerted anyone about the robberies - if he had I would have immedietly
: : have had my locks changed and my apt. wouldn't have been robbed - my attorney said that he is negligent because it was forseeable that I might be robbed & something could have been 
: : done to prevent it. The building does have a c/o that seems to be in order but it was never registered as a multiple dwelling the lady at
: : the DOB told me that the owner had signed an affidavice (sp?) stating that the building was not a multiple dwelling 
: : when he first did all of the paper work associated w/ the c/o.  My attorney doesn't seem to really be giving me straight answers 
: : she wants to wait to discuss the case further when I receive the new court papers.  Would know how this works ?  From what I understand 
: : Iyou cannot be sued for non - payment of rent if the apt. isn't properly registerd  - Is this true ?   Any answers would be really appreciated     Thanks for all of your help !


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