TenantNet Forum

Where tenants can seek help and help others



litigation history - I want to move!

Issues unrelated to specific categories below

Moderator: TenantNet

litigation history - I want to move!

Postby emc » Tue Mar 12, 2013 11:42 am

We had litigation with our last 2 landlords, rent-stabilized units. First one, noise issues. They took us to court after we withheld a portion of rent and they refused to accept partial payment. Won that one, had DEP violations and lots of documentation to support.

Next landlord (current one), we had lead issues and complained to city. When renewal came last year, she refused to give us our lease and moved to evict us. Won that one too, again lots of documentation of retaliatory eviction, etc. Didn't hurt that I'm the President of our tenants' association.

However, our space is rapidly becoming too small for our family. We would like to move into a 3 bedroom in our neighborhood, but we are concerned we will not get approved for a lease because of our history, right though we were. I looked online at the Court system here (http://iapps.courts.state.ny.us/webcivi ... ch?param=P)

and here
(http://iapps.courts.state.ny.us/housing ... rchServlet)
but I can't find any results for our last name.

I guess my question is: how do landlords/management companies run this search to verify info? I want to see what they see. Is it too much to hope that our case history won't show up?

Thanks!
emc
 
Posts: 4
Joined: Fri Feb 13, 2009 6:19 pm
Location: NYC

Postby TenantNet » Tue Mar 12, 2013 11:50 am

I believe cases "fall off" the Ecourts site after a period of time.

As for being reported elsewhere, if you won, it should not be on any public database. If it is, you might have a cause of action. See the blacklisting material in our Reference Section.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10307
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby emc » Tue Mar 12, 2013 12:32 pm

Actually, upon reflection I think I should clarify. With my current landlord, we did not actually go to trial. The judge's court atty negotiated a settlement between parties. The settlement was clearly in our favor and he got the other side to agree by telling the landlord atty, "I'm telling you right now, you will not win this case in this, or any other, courtroom."

So technically, we settled. This was last August. Would that make a difference?
emc
 
Posts: 4
Joined: Fri Feb 13, 2009 6:19 pm
Location: NYC

Postby TenantNet » Tue Mar 12, 2013 2:23 pm

Makes a big difference. Case information should be on the blacklist only if the tenant loses, either at trial or by summary judgment.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10307
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby emc » Tue Mar 12, 2013 3:26 pm

Interesting, I'd be interested in how they determine won vs lost with regards to settlements. Ours has a stipulation we'd pay outstanding rent (outstanding b/c they refused to cash our checks) and numerous stipulations for them.

At any rate, how would I find out how I would be reflected on a search result? Basically, if I apply for a new place to rent, how do I get a "preview" of what the potential new landlord will see about me? Is there a service online most landlords tend to use? Just looking for direction if there is any to give.

Thanks for the responses so far!
emc
 
Posts: 4
Joined: Fri Feb 13, 2009 6:19 pm
Location: NYC

Postby TenantNet » Tue Mar 12, 2013 3:52 pm

Case information should be on the blacklist only if the tenant loses, either at trial or by summary judgment.

Read the blacklist info in the Reference Section
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10307
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby MikeW » Sun Apr 21, 2013 1:24 pm

Did they change this? By federal law, the information only has to be correct and complete. IE, if you go to housing court and win, that's what it would show. If a LL decides to not rent to you because of this, that's the LLs prerogative.

Now I read that the housing court is not going to sell this information wholesale to the data services. But they're still public records. The information services companies may still find ways of getting the records (because they can't sell what they don't have._ I know they send people to courthouses to manually record the data in other areas. There's no reason they could not do that in NYC, AFAIK.
MikeW
 
Posts: 614
Joined: Tue Mar 05, 2002 2:01 am
Location: New York, NY


Return to NYC General Discussion

Who is online

Users browsing this forum: Google [Bot] and 30 guests