Posted by DK on August 25, 1999 at 19:14:11:
In Reply to: NYC Housing Court inspection question posted by Joylene on August 23, 1999 at 18:22:57:
: Hi! hope someone knows:
: I read on this board that the judge always has to give you an ajourment to get a lawyer, if you ask. Is that true? Is it true for asking for an inspection? I asked the clerk when I gave my answer. He did check off the box for "repairs needed" on the form and he did write "warrenty of habitbily" on the bottom in the lines. He said to ask the first judge for the inspection. The judge said no. There was an inspection by DHRC over a year ago: why can't I have a second one?
There is no absolute right to an inspection or to an adjournment to obtain an attorney. All applications for adjournment rest within the sound discretion of the judge. The exercise or failure to exercise discretion is reviewable on appeal, although that is probably meaningless for almost all litigants because of the time, effort and expense involved.
Although judges will authorize an inspection in a majority of cases, many inspection requests are denied when judges feel there is no genuine dispute whether the condition complained about is a violation, particularly when the landlord offers to make a repair without the formality of an inspection. Judges are often influenced by the number of inspectors available.
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