I am about to go to Housing Court Pro Se for a nonpayment case (complicated: landlord refused ERAP, etc) and have indicated in my answer I will be counterclaiming for overcharges.
1) LL is required to provide heat/hot water. However they installed an illegal boiler in my apt and hooked it up to my gas and electricity, so I have been paying for it. Do I just bring receipts for utilities I have paid? I don't know how the heat can be separated from cooking gas and other electric use. I also don't know if I need to file some sort of paperwork for the counterclaim. They didn't mention anything when I gave my answer and cited it.
2) I also got my rent history, my longtime RS neighbor's rent history and some other records that indicate a fraudulent scheme to deregulate my apartment. If I prove that, and I can use the "default method" can I use my neighbor's rent on the date I moved in? My neighbor's "legal regulated rent" was several hundred dollars less than mine and the actual rent they paid was even a few hundred less than that. I don't have any more information about rents in the building. I don't understand how "discovery" works, if I am supposed to be able to access any records my landlord has before my first court date.
Given complications of both 1 and 2: Do I have to give an exact number on what my counterclaim is the first court date? Can I give my best estimate based on what I know and the judge can adjust it or is the whole thing dismissed if my amount is not completely correct?
Any info or advice or anything greatly appreciated as I have not been able to find a lawyer.