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Representation in Housing Court

NYC Housing Court Practice/Procedures

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Representation in Housing Court

Postby skateny » Wed Jan 15, 2003 2:33 pm

Hi.

I recently filed a complaint against my landlord. Let me start by saying that I have very little in the way of written documentation, though I have taken photographs of the damage. My landlord is unresponsive and antagonistic in the extreme.

Here's the situation: For the past 18 months or so, my apartment has suffered considerable and chronic water damage due to intermittent leaks from the apartment above me. A petition went around about a year ago, generated by the landlord, to have the tenant above me evicted, claiming he was a danger to himself and doing damage to the building by leaving on water faucets and other infractions.

In February of 2002 my bathroom ceiling caved in from the damage. The super began repairs the following day and has not returned to finish the job. I've seen the super around the building several times since then. Each time he tells me "I'm busy. I'll get to it later." I sent a letter to the landlord on 12/12/2002 describing the history of the damage and the super's failure to respond.

Since 02/2002, the damage throughout my apartment has only gotten worse from continuing leaks, often sheets of water covering large areas, often occurring in the middle of the night while I'm sleeping. Sometimes I'll come home to find a flood in my bathroom or the kitchen wall soaked through again from yet another leak the width of my kitchen wall. My apartment smells of stagnant water. There is a noticeable increase in the presence of mice, cock roaches, and other vermin. The frame around the bathroom window has all but rotted away, and tiles from the bathroom walls have become dislodged. I've been ill more frequently this year than at any time in my life, mostly sinus infections, upper respiratory infections, fatigue, and one time tonsillitis for which I had to go to a local emergency room to be treated.

Due to these worsening conditions, I've had to keep the lights on in my apartment; the windows open, and often turn on my air conditioner regardless of the time of year to fight the mildew as wells as make the air breathable. I am not a man of means, so I cannot make repairs myself, nor can I purchase adequate technology to offset the damage. Since I do a great deal of work at home, these conditions have proved to be a tremendous hardship for me. Had I not been ill for much of the year and, as a result feel behind in my rent last spring, I would have acted on these problems sooner. At that time the landlord attempted to have me evicted for nonpayment of rent, despite the fact that I'd provided documentation in support and validation of my medical difficulties. I informed the landlord at the time about when I'd be able to resume full-time work and catch up on the rent, which I did. He didn't drop the case, and forced me to appear in court despite the fact that on the day of the trial I had already paid up in full what I'd owed him to that point.

In addition to this, I have a defective oven that's lacks proper insulation and has in turn caused considerable heat damage to the adjacent cabinets. Some of the wood floor tiles are warped, cracked or missing due to the water damage. There are obvious holes and large cracks on virtually every wall and across the ceiling.

This week, and after submitting my claim in housing court, a building inspector came by to check out the apartment. An hour before this, the landlord and the super came by to check out my claims. The landlord, as always, didn't listen to anything I had to say, and refused even to look at huge crack that runs along my ceiling. He kept saying, "It's an old building. There's no leak. It just needs some paint." Yet the building inspector made it clear to me that he saw everything I've described so far. He further cautioned me several times to exercise caution when entering my apartment as a crack about six feet in length that approaches my frond door is quickly widening and, according to him, could fall easily fall in.

I know I need legal representation, but I can't afford an attorney. I'm just now getting back on my feet, and the conditions at home have only made things more difficult for me.

How and where do I find appropriate legal representation? What should I be doing to support my case? What are my rights and responsibilities? I'm not interested in getting rich off this, and I'm sure I couldn't even if I wanted to, but I do want to know if I have any recourse for compensation for what I've suffered through the past year?

Any help or suggestions are greatly appreciated. This is new territory for me, and many of the things I read online are confusing to me and only make things worse.

Thanks in advance for any help in this matter.

skateny
"The cruelest lies are often told in silence."
skateny
 
Posts: 3
Joined: Wed Jan 15, 2003 2:01 am
Location: New York, NY

Re: Representation in Housing Court

Postby joliett » Sun Jan 19, 2003 2:39 am

Among all the problems you listed, your apartment probably has MOLD resulting from the water damage.

It would be advisable to have an engineer check the structual problems and test for MOLD. Once an engineering report is made, everything you mentioned will most likely generate a rent reduction.

<small>[ February 18, 2003, 05:11 PM: Message edited by: Joel Teicher, P.E. ]</small>
Joel Teicher, P.E.
www.TenantEngineer.com
joliett
 
Posts: 66
Joined: Sun Jan 19, 2003 2:01 am


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