Consultation about legal advise on an Loft Law case

[ArtistLoftLawEvicted]

I am an 83 years old southamerican visual artist.
I was evicted from my only primary residence. Last Wednesday May, 30th, the Marshal Edward F. Guida came to my home and made me go out immediately without the possibility of take any belongings, neither my passport or other personal documents, nor medicines or clothes. The locker was changed and I was in the hallway with nothing at all. I was not allowed to go back in.
This was the result of four years of court proceedings.

I am a resident of Lower Manhattan that have lived there for 34 years. I was here for 23 years before the name Tribeca was adopted. I was living at this address for 6 years before Jack Laboz, the father of the present landord, bought the building.

In 1982, the Loft Law was enacted by the New York State Congress. Afterwards, the Loft Law ordered New York City to create a new agency: The New York Ciyt Loft Board. Sections and rules of the New York City Loft Board are Tittle 29.

Although the Loft Board do not contain an ‘absence clause', they accused me of this not being my primary residence, as I traveled to visit my ailing mother and to comply with my art compromises.

The rent was always paid on time. Always.

I had been wrongly prosecuted under DHCR (Division of Housing and Community Renewal) that does consider an absent clause. But the captioned building is not under the DCHR rules because it lacks the C of O (Cerificate of Occupancy). The building is under Loft Law rules. The building has never been legalized. The building has a breach of the warranty of habitability. We Internim MD Tenants (art. 7-c) have never been provided with hot water. Common areas, stairways and hallways, don’t have sprinklers for fire security, nor fire extinguishers and 2 fires had already happened. The last one, on may 7th, 2008. Heating is erratic. An elevator that runs on so called 'business hours' when there are no business in the building for the past 28 years. And we were not allowed to use it even when my husband was badly disabled for 10 years. Not electrical installation. Not plumbing. Not ventilation. Not roof fixing. The wooden stairs shake and tremble.

The Courts which presided over my case willfully and with full knowledge of the nonexistent law in my case proceeded to try the case as if the law applied to my case. The Low Court Hon. Judges David J. Kaplan and Peter J. Wendt prohibited me from entering new evidence in my defense and the witnesses testimony was deemed irrelevant, as they said, because I failed to present documents in time according to the court protocols. The Judges discussions for the decisions were never ever given to me. I don’t know what were the judges reasons for their decisions.
I am 'pro se' defendant. I am under incredible pressure. Four years of stand court appointments and filling papers.

The eviction I suffered last Wednesday was also illegally since the Marshall did not inform the adult protective service. The inventory sent the following day, May 31st, is one short page of 20 items when the real fact is that 4 heavy tracks were loaded with my properties that includes personal documents, my art works, paintings and sculptures, books, all my husband’s arts works and intellectual properties on art criticism, plus furniture, appliances, etc.

Now I am affronting a separate trial regarding landlord´s lawyers expenses, and they offered me and agreement to avoid this payment if I refuse my rights to be paid for all the improvements I have made to my home (what is due to the Loft Law Booklet) and compromise to do not take further legal actions.

I urgently need legal assistance on this trial and recover my belongings and my art priority.

[TenantNet]

It sounds as if English is not your primary language ... either that, or there's a lot you don't understand.

We can't offer an opinion on the case. Just listing a lot or wrongs is not a legal defense. It sounds, however, that you did go through the court process.

An appeal might be possible, but you need a lawyer. You need a tenant lawyer well versed in the loft law and litigation. Whether you could have escaped this outcome would be speculation on my part, but your chances would have been much higher.

I would today start looking for a good lawyer and have them review the case up till now. In some cases tenants can get restored to their apartments, but it depends on the facts of the case. Get some legal advice ASAP. (I would even talk to a few lawyers and get several opinions).

[ArtistLoftLawEvicted]

Thanks you very much for your response. I'm writing in name of my Uncle.
For sure English is not her first language, neither mine. And this is worst in relation with court process. She had a lawyer at the beginning of the process but he didn't know anything about Loft Law. Then she desperately look for appropriate legal advise but not lucky at all, so she follow as 'pro se' defendant. And all this leads to the present disaster. Now we are desperate: no home, no legal advise, no belongings (including her art works).
I understand a good lawyer is urgently needed. Please if you could refer some that can lead with this case please let us know, as we don't know how to locate ones with proper expertise on this case.
Looking forward hearing from you, grateful.

[TenantNet]

There are lawyers who advertise on this site. Look at the top left of each page and you will see attorney advertisements. I would speak to more than one.

If you're Asian, I would go to AAFE at http://www.aafe.org/

Depending on the location, you can try the local community board or council member. Downtown you would likely be represented by Margaret Chin
http://council.nyc.gov/d1/html/members/home.shtml

If not Asian, there might be other resources. I know many immigrants don't trust lawyers. I've seen people ignore legal advice and end up being evicted. Time to get a good lawyer.

[ArtistLoftLawEvicted]

Thanks again! We are from southamerica. I have just contacted Margaret Chin. We have contacted Legal Aid Society but they could not help. I ll contact some lawyers that advertise on this site. But please let me know if you can discuss the case with same of them and get a positive response.
Very grateful

[TenantNet]

Sorry, I missed the SA reference at top. I thought you might be Asian from the locality. Even so, Chin's office and the local community board should be able to steer you in some direction. But no matter, you need a good lawyer.

Legal Aid/Legal Services' help depends on your income.

We are not lawyers and we do not take on cases. I would not be discussing the case with any of our advertisers. You have to do that.

[ArtistLoftLawEvicted]

I clearly understand. Thanks your all your responses. I ll post here any news when we have it. Please let me know if you get another idea. And all other advice for people reading this post will be fully appreciated.