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Need to know if there's precedent for Tenant vs. Tenant

NYC Housing Court Practice/Procedures

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Postby Pbot » Sun Dec 14, 2008 3:15 pm

Thx, again, Tenant!

Yes, everything is documented. Yes, the LL is aware of everything. Management is part of the board and the offending neighbor is on the board b/c she owns 2 apts., my LLs are NOT on the board for reasons I don't understand or care to. That said, they've been made aware via CRR mail that rent will be withheld coming Jan. if the issue hasn't been resolved (they tried to tell me that they would go to my lease co-signer for the rent, and I had to explain "defaulting" on rent is different from "withholding" -- "so go ahead and try that").

BTW, I was not offended due to the "get off it" comment. It was the "three syllable word" comment.

As for that nefarious 3-syllable word, the context was this: The attorney I spoke to mentioned Supreme Court (civil court is purportedly not the right place for this). I told him I couldn't afford an attorney and was thinking about small claims, which I know is usually more about specific monetary claims, but I would be suing her for several months of my rent for purposefully making my place inhabitable. He considered that and said (something akin to) "Small claims could be worth a shot, but since, like you said, it's not usually the place for something like this, I wouldn't go in there unless you can show precedent that others have come to small claims with something like this and have won."

And, again, IF it's a viable solution, it's certainly more attractive than the process I will be going through with my landlords. (Due in part to the time-span we're talking here.)

Thanks again!
Pbot
 
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Postby TenantNet » Sun Dec 14, 2008 3:25 pm

If the LL takes you to court, it will be in Housing Court. I don't know of any reason why you couldn't pursue this in Civil Court, and for either Civil or Supreme, you don't have to have a lawyer (although that is probably advisable).

As for going to the guarantor of your rent, I would think the LL could do that.
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