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TENANT HARRASSMENT PLEASE HELP

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Re: TENANT HARRASSMENT PLEASE HELP

Postby Phil Cohen » Sun Dec 29, 2002 2:12 pm

A miserable situation that will be difficult to rectify. Sounds like she is a nut who will not be dissuaded by any court order.

Seems to me like one of those rare situations where your apartment has been made so intolerable that it is uninhabitable. You should talk to a landlord-tenant lawyer about withholding rent as a way of forcing the LL to evict her.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: TENANT HARRASSMENT PLEASE HELP

Postby Cranky Tenant » Sun Dec 29, 2002 7:01 pm

My understanding is that the court will only give an order of protection if someone is likely to cause physical harm.. such as someone who has already been charged with assaulting you.

And even if the court were to issue an order of protection, it would prevent her from "contacting" you in any way, but not necessarily from banging on the ceiling unless the judge actually specified that.
I'm a cranky tenant NOT a cranky lawyer.
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Re: TENANT HARRASSMENT PLEASE HELP

Postby Cranky Tenant » Sun Dec 29, 2002 11:46 pm

Orders of protection are usually handled in Criminal Court, as opposed to Housing Court which handles evictions. These orders are quite common in domestic violence situations where one person poses a very real physical threat to another.

It sounds like your lawyer is either more experienced in criminal cases than housing, or it's a total bluff. The most a criminal court judge is likely to do is find her guilty of disorderly conduct, and charge her a fine.

Maybe it's time to find an experienced tenant lawyer.
I'm a cranky tenant NOT a cranky lawyer.
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Re: TENANT HARRASSMENT PLEASE HELP

Postby Phil Cohen » Mon Dec 30, 2002 2:55 pm

No, an order of protection can be granted by a state Supreme Court judge--it happens in divorce cases all the time. Housing court judges? I don't know.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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