TenantNet Forum

Where tenants can seek help and help others



Paying a Stipulation - and Injury by Landlord HELP!!!!!!!!!

Rights for non-regulated tenants

Moderator: TenantNet

Paying a Stipulation - and Injury by Landlord HELP!!!!!!!!!

Postby nytenant123 » Tue Apr 12, 2011 6:26 am

I am due to go to court in 2 days, I dont know what to do.

First off my ll filed a Petition without serving me a 3 day notice.

then I was going to go to court and answer the petition with a stipulation

But while I was taking out the trash I fell on a broken concrete the landlord failed to repair for months now.

My doctor has me totally disable, so how can I make payment on a stipulation if I cant work.


What can I do if anything
nytenant123
 
Posts: 3
Joined: Tue Apr 12, 2011 6:14 am

Postby TenantNet » Tue Apr 12, 2011 8:01 am

You indicate your apartment is not rent stabilized. Does the LL claim they served you with a 3-day notice? If so and you didn't get it, then you can claim non-service of the required 3-day demand in non-payment proceedings. You need to raise this defense when you answer the petition and ask for a Traverse (a proceeding where the process server would testify how the notice was served). See RPAPL 711(2).

I have no idea what you mean when you say you were going to answer the petition with a stipulation. That makes no sense. You might have your terminology mixed up.

Bad conditions - such as the broken concrete - can be used as a defense for non-payment due to violations of the warranty of habitability. You might also have a personal injury case due to negligence ... but you should contact a personal injury attorney on that.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10308
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby nytenant123 » Tue Apr 12, 2011 2:18 pm

TenantNet wrote:You indicate your apartment is not rent stabilized. Does the LL claim they served you with a 3-day notice? If so and you didn't get it, then you can claim non-service of the required 3-day demand in non-payment proceedings. You need to raise this defense when you answer the petition and ask for a Traverse (a proceeding where the process server would testify how the notice was served). See RPAPL 711(2).

I have no idea what you mean when you say you were going to answer the petition with a stipulation. That makes no sense. You might have your terminology mixed up.

Bad conditions - such as the broken concrete - can be used as a defense for non-payment due to violations of the warranty of habitability. You might also have a personal injury case due to negligence ... but you should contact a personal injury attorney on that.



What I was saying was that the LL had a petion serve on me to appear in court. On the petition it states that a demand for rent was made however it was not.

I was going to simple do a stipulation to catch up on my rent because I was working. However, 3 days before I was going to go to court I fell on a broken concrete stairs that the LL never fixed, so now I cant do the stipulation in the timeframe the LL would give me because I am out of work totally disable as per my doctors orders.

I guess what I am asking is being that the injury happen after I fell behind on my rent can I still use that as a defense?
nytenant123
 
Posts: 3
Joined: Tue Apr 12, 2011 6:14 am

Postby TenantNet » Tue Apr 12, 2011 3:23 pm

Please, no need to quote the entire previous post; people can see the top of their screens.

I don't think you understand what is happening.

A stipulation is a negotiated agreement between both parties. It is not something you decide to do on your own. The landlord has to agree to it, and so does the judge (for a "so ordered" stip).

A stip is not something that happens right away. You should learn how Housing Court works.

As for your injury, I gather you are saying because of your injury you will not be able to catch up in rent.

Yes you can use the bad conditions as part of your defense, assuming the bad conditions existed prior to the case, and the LL knew about it.

You should also be able to seek damages from negligence, if the facts support that. But that is unrelated to the housing case. I would speak with a personal injury attorney, or one that does both PI and tenant work.

If your injury is substantial, that could be part of an overall settlement.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10308
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby nytenant123 » Tue Apr 12, 2011 5:19 pm

Thank you for the advice,

you are right I dont know how housing court works,

yes the condition of the steps was that way since the winter time after the snow melted. I also have affidavits from tenants to support that.

I was going to do the stip in court because the LL had already told me that was what they were demanding that I do.

I went back to the Dr. Office I have my letter of Total Disability, I have pictures of the brick, and I have receipts showing my purchases.

I am going to see a personal injury lawyer after court tomorrow.

Anymore advice would be greatly appreciated.
nytenant123
 
Posts: 3
Joined: Tue Apr 12, 2011 6:14 am


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: Google [Bot] and 20 guests