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How can I delay a holdover proceeding?

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How can I delay a holdover proceeding?

Postby bkjones » Mon Sep 14, 2009 10:12 am

I'm supposed to be making an initial appearance tomorrow. I haven't yet found an apt. and I want to drag this out. Any suggestions from someone experienced?
311 dropped my complaints after they didn't show up to see the apt. I have to reopen that.
Anyone think I should offer LL opportunity to drop her eviction case if I drop the complaints?
bkjones
 
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Location: Bklyn

Postby Jeffnet » Mon Sep 14, 2009 7:19 pm

How do you know that HPD dropped your complaints? Did they tell you that? You should probably keep calling everyday until they show up. You need those violations if you're going to court.

I'm not experienced in housing court as I've never been there, but all advice I've read points to having as much documentation of needed repairs as you possibly could.

I remember your previous post. Hope everything works out ok for you.
Jeffnet
 
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Postby bkjones » Tue Sep 15, 2009 5:53 pm

thanks. When I called HPD to follow up they told me they'd dropped complaints and I have to start all over.
FYI, asking for an adjounment is the initial step in delay.
Here's what happened to me. I went right away in the morning hoping to adjourn my case before I got on the calendar. No luck, and they needed my LL present to do so. So I contacted her and asked if she could come over. Instead of proceeding to adjournment, she suggested signing a stip. We worked out the details and it's not perfect for me, but better than getting blacklisted while apt. hunting. I got 2 months abatement, which I will lose if I stay beyond Nov. I have to pay full rent starting Oct. Agree to be out no later than Jan. I drop the complaints, she drops the proceeding. We signed and I left.
Then she sent me a text and said she wants to make peace. If I want to remain her tenant and stay she will agree. If I remove her garbage from basement at my expense then she'll address the mold. I wish she had just done this from the beginning and spared me all the anxiety. I lost my summer! I've seen 86 apartments. I replied to thank her and that I'd consider it. it's likely what I prefer to do IF I can keep the 2 months abatement. I don't know what we'll do about all the other problems. Maybe I can repair-deduct. I'll see what she says.
At least I won't be living in a cardboard box with my kid and 4 pets. I'm having some champagne and relieved to get back to my regular life.
thanks so much for your comments and advice. your were very generous and helpful.
bkjones
 
Posts: 40
Joined: Thu Jun 25, 2009 1:07 am
Location: Bklyn

Postby Jeffnet » Tue Sep 15, 2009 7:15 pm

I'm curious -

What happens to the stipulation if she now says you can permanently stay? It all sounds weird, especially that in exchange for mold removal, you have to take out her garbage - with you paying for it! This doesn't sound like it's in your best interest and she is supposed to correct your issue without bartering for it. Very odd.

Did you have a lawyer? Doesn't sound like you did, which negatively impacted your outcome. You should seek legal counsel because the stipulation you signed now contradicts her peace offering to you.

Again, hopw it works out ok for you.
Jeffnet
 
Posts: 58
Joined: Sat Dec 15, 2007 8:56 pm

You don't understand how tenant blacklisting works

Postby NYHawk » Tue Sep 15, 2009 8:36 pm

it's not perfect for me, but better than getting blacklisted while apt. hunting


Apparently you misunderstand how tenant blacklisting is started. The tenant blacklisting problem starts the moment a landlord sues someone (tenant or not) in Housing Court. Information about who is sued in Housing Court is sold by the Office of Court Administration to the many tenant screening bureaus on a daily basis, who in turn, sells that information to whoever is willing to buy it (like prospective landlords).

So, in other words, you have already been blacklisted.
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Postby bkjones » Sun Sep 20, 2009 8:45 pm

Dismay. I had gotten legal advice from an attorney as well as from a tenant rights advocate. And did my own research, which i found to be contradictary and confusing. I was told I wouldn't be on the BL as long as I didn't get on the calendar. That info from my lawyer advice!
I don't know what happens to the stip if I stay. And it is weird. The entire experience has been weird. Human feces, mold, the gas co. breakin, etc.
Since I couldn't find an apartment after 3 months and seeing 86 places, I'm beaten. I'm going to stay, provided I can keep my 2 month abatement. I'm going to buy property while the interest rates & prices are down. So I'm going to save like mad and not having a lease will be better. I'm going to take care of my house and I will care about the health & safety of my tenants.
Now if I can just get electricity back up & locks on the doors.....
bkjones
 
Posts: 40
Joined: Thu Jun 25, 2009 1:07 am
Location: Bklyn


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