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Stipilation Paid---Case Not Dropped

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Stipilation Paid---Case Not Dropped

Postby wizard78 » Mon Nov 17, 2014 1:23 pm

I recently had a stipulation for non payment, and I was able to pay that in full as of late October , well before the due date. Both housing court and the marshall claimed that payment was not reported ....the attorney for the landlord claims the case is closed but regardless if thats thrue the landlord has retained the marshall who claims an open warrant remains. I was told to get a show cause order which I did and clerk said you are paid in full---I gave copy of SCO to their attorney and marshall. I am now 17 days behind November rent due to health

I have leukemia, have lived here 16 years and this was the first incident of non payment Stip was satidfied and lawyer retaining marshall

Thoughts on judge ruling ? Apparently their attorney will say I am late again in first month after stip. I expect a problem but what time frame am I looking at
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Re: Stipilation Paid---Case Not Dropped

Postby TenantNet » Mon Nov 17, 2014 9:54 pm

First question is, do you have proof of payment? Check, money order? Was it sent certified mail?

You don't say, but imply that the stip was a "final judgement," and a warrant of eviciton was stayed giving you time to pay the arrears. While I don't know how the case evolved, tenants should NEVER sign stips agreeing to judgments. Never ever.

Take care of clearing up the immediate past rent problem. As far as I can tell, being late for November is a different issue and has nothing to do with this case.

From a source I checked, the Order to Show Cause should have a stay to prevent an eviction pending a hearing, yes? If so, then plan on clearing this up at the hearing.

Now this does seems odd. If the case is still open, then yes, it might be possible for the LL to amend the petition to include November's rent, but then there would have been no decision by the court and no warrant of eviction would have been issued. If that is the case, why is a Marshall involved?

Or ... if the case was decided, either by a stip agreeing to a final judgment, or by a trial and decision by the court, then there is no way to add the late November rent.

You can't do it both ways. (or more accurately, the LL can't do both). Can you clarify all this?

I would raise both the health and repairs ... but be prepared for the judge to ignore those issues.
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Re: Stipilation Paid---Case Not Dropped

Postby wizard78 » Fri Nov 21, 2014 1:19 pm

Had numerous proof of payment so that was not an issue at any time (not for me). Yes he stip was written as final judgement allowing me to pay arrears. I did sign and as you say I shouldnt have and will know for the future.

Day in court consisted of lawyer saying it is NOT the responsibility of the LL or lawyer of his to report payment or present proof to court. Its MY task to so according to him. I find that odd but did it with SCO. LL's thread to add November was just that---a threat and he did not attempt that. Judge was on my side from the word go and she claimed lawyer should have cleared this up. Case was dismissed and warrant declared dead. i have all that in writing on appropriate forms now.. It never came to raising the issues of health or repairs---her concern was satisfying the stip and it was. Retaining marshall with dead warrant doesnt do him any good obviously.

The LL can now be expected to retaliate with rent increase as I am month to month. Apparently he can go further than that to which I would question if 30 day notice to month to month tenants in NY is something that can be contested ? Doesnt appear so. I did have lease for many years. They opted not to renew it for 2014 and no rent regulations apply here so thats another issue. Might be best to depart if and when these issues arise
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Re: Stipilation Paid---Case Not Dropped

Postby TenantNet » Fri Nov 21, 2014 3:32 pm

Please watch spelling as it can change the meaning of a post. "Yes he stip..." and "LL's thread..." Don't mean to be over-zealous, but it can change the meaning of a post.

To be honest, I do not know whose responsibility it is, but if the LL's informed of the payment, then it is the LL and the LL's atty responsibility to not make frivolous court actions when they know the truth.

What judge? What boroough?

Yes, the LL can retaliate. But they must give you 30 day's notice to leave (or to increase rent IMHO). You can also invoke the RPL anti-retaliation clause, but that won't last forever.

You say you had lease. Is this a multiple dwelling with 6+ units, or a SRO? You might be entitled to a RS lease. Seriously, look into it.
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Re: Stipilation Paid---Case Not Dropped

Postby wizard78 » Sun Nov 23, 2014 1:43 pm

It is multiple dwelling with 12 units. This is in Brooklyn. What is your best suggestion to possibly obtain RS lease ? Thank you
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Re: Stipilation Paid---Case Not Dropped

Postby TenantNet » Sun Nov 23, 2014 2:00 pm

ASAP, call DHCR and get a rent history of the unit. See if and how it's been deregulated. Was the building built prior to 1974? Is it a coop? Those will tell you if it should have been rent stab in the beginning. Next step would be to see how it was deregulated, if at all.
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Re: Stipilation Paid---Case Not Dropped

Postby wizard78 » Mon Nov 24, 2014 11:09 am

I am going o call DHCR. Only 2 units in the building appear to be RS. They are the original tenants. Building was built in 1971 and is not a coop. I am being told by an original tenant that there was some sort of tax situation involved to deregulate the building. As the original tenants moved out , it seems the units lost RS status, I will call DHCR for unit history, but that is what I am being told from this end. Thanks for your help
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Re: Stipilation Paid---Case Not Dropped

Postby TenantNet » Mon Nov 24, 2014 12:01 pm

So what you are looking for are references to either a 421(a) or a J(51). Without knowing the entire history, I can't say what would happen, but the J(51) might have involved a partial or gut rehab, after which some units were deregulated depending on whether or not they were RS originally. This might be the same sort of situation of Stuyvesant Town where units were improperly deregulated after a J(51) rehab. So find out what happened, also when the "tax situation" occurred, and you can start here:
viewtopic.php?f=16&t=7861
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