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Court-Ordered Inspection Timing Question

NYC Housing Court Practice/Procedures

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Court-Ordered Inspection Timing Question

Postby adaminchelsea » Wed Sep 30, 2015 6:35 pm

Hi, everyone.

I live in NYC. My landlord is attempting to evict me. I went to housing court and asked for an adjournment. I completed a form that showed what needed to be repaired in the apartment. The judge granted the adjournment. The court-ordered inspection is scheduled to take place on October 5th. My next court date is on November 13th.

Today, the landlord forced his way into my apartment regarding a gas leak that I included on the form. ConEd was on hand to conduct the inspection. A hole was found in one of the tubes and the gas to the stove was shut off. Tomorrow morning, the landlord plans to install a new tube and turn the gas back on. He said that other repairs would be completed tomorrow morning, too.

Should I allow the landlord to repair everything prior to the inspection by the court on October 5th? I think it's fine if the stove is repaired but what about everything else, e.g., the crack in the bedroom ceiling, the hole in the bathroom wall, etc.?
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Re: Court-Ordered Inspection Timing Question

Postby TenantNet » Wed Sep 30, 2015 7:23 pm

First off, you do need to allow the LL to make repairs, but it should be according to a schedule that you and the LL agreed on as part of the court stipulation. Was that not done?

What do you mean he "forced" his way into your apartment. Did he talk his way or physically push you aside? If the latter you have every right to call the police.

I would immediately tell the LL - tonight - that you cannot allow him in tomorrow and that he must make an appointment. I would hold him off until after the inspection takes place (and BTW, take many photos of whatever is wrong in the unit). You don't have to give him a reason.

There is nothing improper about demanding an appointment, unless it's something that can be deemed "immediately dangerous." -- that would include a gas leak. But now the gas is turned off, so it's not that dangerous.

See the sections on landlord access in the reference section of this forum. If you need to, cite the law to the LL.
http://tenant.net/phpBB3/viewtopic.php?f=15&t=4837
http://tenant.net/phpBB3/viewtopic.php?f=15&t=7789

But remember the LL will claim to the court you denied access. So I would send him a letter (also send by certified mail if possible). But to make sure he gets it tonight, I would email, fax, speak to him in person or put it under his door if he's in the building.

Tell him that you can't allow access tomorrow and that he needs to make an appointment.

The important part is to offer him three dates for access, all starting after the inspection takes place. Give him three dates, but warn him that he must accept and confirm with you the date he chooses, or you will not let him in.

Demanding an appointment is not being difficult or a jerk. It's about his respecting you.

Now that the gas is turned off, and since the next court date is in November, there's no immediate rush. There is plenty of time to have the inspection and get the repairs made.

Look at it this way. The LL has you in court. It took at least a month for the service of the papers before the 1st court date. You waited how long for any repairs to be made before this landed in court? I would gather perhaps a few months. So if the LL starts crying "emergency" than ask him why he didn't make any repairs up till now?
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