Adjournment question

[Greenroselove]

I went to court a few weeks ago but my landlord didn't show up. (I am taking him to court for non-repairs)

A lawyer, who didn't know my landlord or the situation was hired on my landlord's behalf and he questioned me about my problem. I told him that the landlord hadn't made repairs to my apt (major leak and collapse in ceiling) since nov 2008 yet I am continuously paying rent. I am seeking a rent abatement.
The super was there and so the lawyer asked the super if he would take responsibility for a settlement and the super said "no, lets wait till the landlord gets back into town next month"
They case ended on an adjournment note and scheduled for next month. I was confused because I thought the lawyer could make a settlement on behalf of the landlord.

My questions are
-how many times can a defendant do an adjournment in small claims?
-was there another option for me in the scenario that I was in, such as get one of the arbitrators involved and request a settlement with the lawyer.

I was very confused as to why this was postponed...advice please.

[TenantNet]

If the lawyer showed, then they did make an appearance. There's no requirement that the landlord show up personally. The lawyer can settle if the client authorizes him to do so. Apparently they didn't. This is a common tactic by landlords, so don't get too upset.

Are you in Housing Court (with a HP action) or in small claims court? You should be in Housing Court and you should have demanded an inspection.

[concord]

As Tenantnet said, this should be in Housing Court. I don’t know if you can request a change of venue to Housing Court especially since, you initiated the action in Small Claims court as you say.

(However, since the landlord requested an adjournment he or his counsel must appear a second time anyway so you are not putting him through an undue hardship by simply moving the case to Housing Court.)

Perhaps it is allowable; you may need to go through undesirable bureaucracy however as the lines are long for the clerk’s window. It will take at least an entire morning – don’t even think about starting this in the afternoon. You may even need to appear before a judge in Small Claims to have it moved to Housing Court. Much hassle but worth it because Small Claims judges don’t have a full grasp of housing law. That may sound funny but I have witnessed it and it may not work in your favor. I won’t go into detail but you really want to get this moved into Housing Court if you are able to do so.

You can (suggestively during the morning) call:

Court - Small Claims, Appeal Clerk’s Office:
347 404 9216

Court – Landlord/Tenant Housing Court, Kings County:
347 404 9200

Court – Landlord/Tenant Housing Court, Kings County (Clerk):
347 404 9201
347 404 9208

(These numbers are from more than a year ago though I doubt that they have changed. It can be hard to get a human being. Be patient.)