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Blacklist, Discontinuance v. Withdrawal, Motion or Counter?

NYC Housing Court Practice/Procedures

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Blacklist, Discontinuance v. Withdrawal, Motion or Counter?

Postby TenaciousTenant » Fri Mar 20, 2015 11:36 am

Forgive me in advance, I realize Blacklisting is in the reference section and the topic comes up repeatedly. However, after reading the reference piece I'm not clear on the proper action that will keep me off the blacklist. My LL filed a Notice of Petition-Non Payment Dwelling after refusing rent checks (I have proof). They've finally accepted it so that issue is settled. I've requested a Stipulation Of Discontinuance And Withdrawal With Prejudice with specific language to delete me from any database. The attorney responded saying a stip will be entered but not specifically addressing the 'with prejudice' or the deletion. So I have 3 questions:
1 - This is what I'm still confused about re: blacklisting. Do you only get blacklisted if there is a judgement? I.e., a discontinued case won't hit the credit report?
2 - What's the difference between discontinuance and withdrawal?
3 - Do I need to file a motion or file a counterclaim in order to ask for the with prejudice and the deletion?
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Re: Blacklist, Discontinuance v. Withdrawal, Motion or Count

Postby TenantNet » Fri Mar 20, 2015 11:52 am

The LL can discontinue the proceeding without prejudice. Unless you have counterclaims, you don't have much to hold over his head. The with prejudice would only apply to the particular months, so tomorrow they can start a new case for next month's rent.

"Blacklisting" is the act of the credit company going to Housing Court, haveing their employee look up every case, which they do, and type it into their computer. They are supposed to not enter cases that the tenant won, or were discontinued, but it does happen.

AFAIK, discontinence and withdrawal are synonymous.

You can ask the court for an order dismissing the case with prejudice, but I don't know if they readily do that.

In a few months I would check with the Blacklisting company to see if you're listed, and then challenge that.
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Re: Blacklist, Discontinuance v. Withdrawal, Motion or Count

Postby TenaciousTenant » Fri Mar 20, 2015 1:11 pm

Thanks for your response, I really appreciate it. The problem is simply that they were refusing checks and sending them back so that would be our counterclaim. We want the with prejudice to make sure they don't turn around and sue us again for these same months. We hadn't had an issue before with rent and don't expect to have one in the future so we just want this protection for this period of time.
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Re: Blacklist, Discontinuance v. Withdrawal, Motion or Count

Postby TenantNet » Fri Mar 20, 2015 1:45 pm

It's called "tender and refusal." Even if you don't get the w/prejudice, as long as you have proof, it would be difficult for them to try for the same months again. Sure, it happens, but less likely.
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Re: Blacklist, Discontinuance v. Withdrawal, Motion or Count

Postby TenaciousTenant » Fri Mar 20, 2015 1:57 pm

Ok, good to know. I don't know if we'll fight for the w/o prejudice (although I don't understand why they are against it) but I feel reassured based on what you've said.
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