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Post HP Actions

NYC Housing Court Practice/Procedures

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Re: Post HP Actions/ no building registration

Postby vegastar » Tue Dec 13, 2016 3:48 pm

In January 2016 I filed an HP action to, hopefully, get my LL to remove 12 housing violations.There several court hearings culminating in an inquest. My LL did not show for any hearings. Two judgments were issued for $4.500 and $2,000, the latter to be paid to me.
Recently, I found out that the building is not registered. A fellow tenant told me that technically speaking, the LL cannot collect rent and much less initiate a non-payment proceeding against those of us withholding rent for not getting repairs.
Now I wonder if the LL's no-shows for court were related to not having a building registration and if this building status can affect my legal actions against this LL. The court attorney urged me to file a motion to restore my case already. Since the LL has not paid me the $2k I can now place a lien on the building.
Basically, I want to know what the consequences are of this non-registration if my LL keeps the current building status. And why would they not register the building?
vegastar
 
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Re: Post HP Actions

Postby TenantNet » Tue Dec 13, 2016 3:56 pm

Do you mean not registered with DHCR, or with HPD? There's a difference. It's my understanding that lack of a building registration with HPD can bar the LL from commencing a proceeding in housing court. But I don't know if that means he can't respond to a HP proceeding. Also, in your case, your bldg might be a Class B (SRO or hotel) and I don't know how that might affect things. Most regular apartment buildings are Class A.

Even if barred from a Housing Court "summary" proceeding, they might be able to commence an "action" in Supreme Court. More expensive for them, and that's a different animal altogether.

Restore what case? Why? You just said the case was over.

You might be able to take the judgment off your rent, but check with an attorney first.
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Re: Post HP Actions

Postby vegastar » Tue Dec 13, 2016 5:11 pm

The building is registered with HPD. The court lawyer said if repairs are still not done, I should file a motion to restore right away. With this pattern I foresee one motion after another, more penalties; maybe more for me too; of course going unpaid. Hamster on a wheel comes to mind.
I filed the initial hp action almost a year ago. They missed all court dates. What kind of 'action' could they take before the supreme court - non-payment? This info is on the hpd entry: A units: 0; B units: 471. Would that be the class?
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Re: Post HP Actions

Postby TenantNet » Tue Dec 13, 2016 5:41 pm

If registered with HPD, then the LL can bring a proceeding in Housing Court.

Restore what?

There are two types of court cases:
1. Proceedings, AKA Summary proceedings, filed in Housing Court. These are supposed to be streamlined. No discovery without court permission.

2. Actions, usually filed in Supreme Court (also maybe Civil Court). More complex.

The Real Property Actions and Proceedings Law (RPAPL) goes into detail.

Yes, that's Class B.
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Re: Post HP Actions

Postby vegastar » Tue Dec 13, 2016 10:08 pm

LL is not registered. Found something odd. Have 2 addresses, one with street number 29, the other is 30. I use the 30 address, the LL uses 29. However, in the HPD records they use 27 which is not a valid building/address. The 29 and 30 are basically blank in the hpd records. Most information available is under the 27 address?! The have certificates of occupancy listed going years back, building violations. Don't get why 29 is not used. Never heard of 27 as address. Does not exist.
I need to find out then if the LL is obligated to respond to the proceedings I have initiated. I can contact the MFY lawyer and see if knows something about that.
The last was 'to punish for contempt'. Will know in a few days about what to restore.
Will look over RPAPL asap. Thanks!
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Re: Post HP Actions

Postby TenantNet » Tue Dec 13, 2016 10:14 pm

Above you said "The building is registered with HPD." Now you say the LL is not registered. Can't be both, which is it?

Some buildings can have more than one address. Use the Block/Lot numbers.
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Re: Post HP Actions

Postby vegastar » Wed Dec 14, 2016 4:59 am

There are 2 entries in the hpd records. On the 29 ..address, it only says 'There is no registration information for this building. It says 'Inactive'. No block/lot info given. The 27 .. address does show a bunch of information including a Building Registration Summary Report (+ complaint history, open violations,etc.). It's Block 859/ Lot 26. The registration was for 6/2/2015 - 9/1/2016 and gives names of the corp heads. That was the previous LL. Toward the head of the page it says: This Property Is Not Currently Validly Registered With HP. Looks like the registration expired a short time ago. The current owners took over around Nov 10, 2015. No trace of them -
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