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Options when 3-Day Notice and Petition are incorrect?

NYC Housing Court Practice/Procedures

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Options when 3-Day Notice and Petition are incorrect?

Postby Longtimer » Wed Jan 10, 2018 8:53 pm

Hello everyone at tenant.net and Happy New Year.

I am a few months behind on my rent and was served a 3-day Notice back in December. I noticed that the amounts it demanded were incorrect. I did not respond.

I was served the Notice of Petition and Petition yesterday. These documents also have the same incorrect amounts. The monthly rent is close but not exactly what I pay, and I actually owe more than the total that is stated.

I need to buy as much time as possible in order to get caught up with my rent payments. What are my options?

1.) Do I go to the clerk and answer, saying I contest the amount? (BTW, are the clerks I'd need to see the people behind the little windows or are they in the courtroom?)

2.) Or is contesting the amount done at trial?

3.) Does this situation qualify for a pre-answer Motion to Dismiss? If so, under which reason? Possibly "documentary evidence" or "jurisdiction?" Do I fill out a form and see the clerk with that?

4.) Should I ask for an adjournment to find an attorney, just to get more time? (I have read that needing time to find a lawyer does not count against the two adjournments allowed to tenants)

ALSO: I've looked high and low on the nyc.gov webpage and others, for info on DeBlasio's "Arrears Assistance" grants but have only found references to it without any info on how to apply. If anyone knows how I can do that, please let me know.

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Re: Options when 3-Day Notice and Petition are incorrect?

Postby TenantNet » Wed Jan 10, 2018 9:07 pm

This really should be posted as a continuation of your previous thread, so we'll know what was discussed before and won't repeat the same things. See the Forum Rules on this. Locking topic.
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