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Staving off a potential eviction

NYC Housing Court Practice/Procedures

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Re: Staving off a potential eviction

Postby Longtimer » Fri May 11, 2018 4:25 pm

TenantNet wrote:You should not sign stips with those words for VERY good reasons. You just increased your chances of losing your apartment by huge amounts . . .


Well, it's a moot point now because, as I said above, all my arrears have been paid in full as of today. I only mentioned it to relay what my experience was in court for anyone interested. No matter how much I objected to including those words in the stip, I was shot down and told that I'd have to go to trial if I did not sign that stip. My landlord refused to agree to a stip without those terms.

So, do I need to go and show my receipts to the judge and formally request the stip to be vacated, based on having made all the payments required of me? I've been searching the Housing Court website and haven't found the answer to what needs to be done once a settlement/payment plan is satisfied.
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Re: Staving off a potential eviction

Postby TenantNet » Fri May 11, 2018 4:49 pm

It's not moot and doesn't really matter if you have paid off the arrears. Of course we haven't seen the full text of the stip. Unless the stip provides otherwise, in general, you most likely have consented to a judgment of possession even if you've paid the arrears.

If it were me, I would probably have gone to trial. Remember, this has been brewing for several months (was it January when you were served?). You should have been ready to go to trial by now.

As I said, you should speak to a lawyer and see if he/she can get the stip vacated. I don't see how having receipts will give a judge cause to vacate the stip. but not being represented most likely would. Of course our response here is based on the very limited information you have provided.
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Re: Staving off a potential eviction

Postby Longtimer » Sat May 12, 2018 12:26 am

Hmm. The judgment and warrant in the stipulation would only be applied if I defaulted on the payments I promised to make. The whole point of that language is for the LL to protect themselves in case I don't pay what is owed. It wouldn't make sense to agree to a judgment being executed and a warrant of eviction whether I pay the arrears and current rent or not - I would never agree to that nonsense.

I looked at it again and it specifically states that a satisfaction of judgment will be filed by the LL as long as I make my payments on time, which I did. So, now I need to know how to make that happen, or does it happen automatically?
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Re: Staving off a potential eviction

Postby TenantNet » Sat May 12, 2018 5:24 am

It's called "conditional" -- if you do A, then the other side will do B (or not do B). But in my experience conditional stips don't always work. I've seen many instances where the tenant promises to pay back rent, and the LL promises to fix something. Well the tenant does his/her part and the LL blows it off. The courts don't see the two as related. Or, if the LL does not make repairs, then tenant is still required to pay arrears. IMHO so-called conditional stips are worth nothing.

Again, I haven't seen your papers and I'm commenting only on the limited info you've provided. Our advice is to speak to a tenant lawyer who actually practices in the trenches of housing court. I would a) get the stip vacated, and b) move to have the case dismissed or discontinued.

BTW, the LL is protected by the lease and the law, not the stip. It basically says if you don't pay he can take you to court, which is what he's doing already.
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Re: Staving off a potential eviction

Postby Longtimer » Mon May 14, 2018 12:29 pm

TenantNet wrote:Our advice is to speak to a tenant lawyer who actually practices in the trenches of housing court. I would a) get the stip vacated, and b) move to have the case dismissed or discontinued.


I cannot afford a lawyer at this time. Yes, I've been reading a little bit and know that I need the stip vacated and also realized I should move that the case be dismissed.

I will have to do these things myself.

Vacate stip with OSC? I downloaded a DIY OSC document and it seems that an OSC "restores a case to the calendar." I assume that means I and the LL's atty both need to go back to court so the judge can vacate the stip.

As far as dismissing the case, I believe that is done by filing a motion? Again, this is something I will have to do myself. Where can I find instructions on that?

Thank you.
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Re: Staving off a potential eviction

Postby TenantNet » Mon May 14, 2018 1:46 pm

If your income is that low, then you should go to Legal Aid, Legal Services, or MFY. There are legal clinics at various places throughout the city.
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Re: Staving off a potential eviction

Postby Longtimer » Mon May 14, 2018 2:37 pm

I'm looking for resources for instructions on how to do it myself. Does anyone know?

Also, you said:
TenantNet wrote:. . . seek to have the stip vacated (because you were unrepresented). That is possible.

Where can I find information on using the fact that I was unrepresented as a defense or reason to have the case dismissed?

Thank you again.
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Does this language make sense for an OSC?

Postby Longtimer » Wed May 16, 2018 1:34 pm

Someone please tell me if the following language would be correct to include in an Order to Show Cause? Note: Petitioner = Landlord

5. I am asking for a new court date to request that:
a) the Stipulation dated ______, 2018 is vacated, and this case closed;
b) the Judgment and Warrant are vacated and the Petition discontinued with prejudice;
c) the Petitioner file a Satisfaction of Judgment, and provide me with proof of such;
d) the Petitioner remove all legal fees from my tenant account;
e) the Petitioner issue a Stipulation of Discontinuance and Dismissal; and
f) the Petitioner expunge the record of this case, my name, and any other information that would identify me from the database of any tenant screening bureau, and to provide me with proof of such.
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Re: Staving off a potential eviction

Postby Longtimer » Thu May 17, 2018 8:07 pm

Can anyone give an opinion or caution on the language in my last post, which I'm considering for an OSC? Please?
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Re: Staving off a potential eviction

Postby TenantNet » Thu May 17, 2018 8:11 pm

Have you sought out legal help? That is what you need.
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Re: Staving off a potential eviction

Postby Longtimer » Thu May 17, 2018 9:24 pm

WHY do I need to seek legal counseling if both sides have complied with the stipulation?
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Re: Staving off a potential eviction

Postby TenantNet » Fri May 18, 2018 12:28 am

Because we aren't the Housing Court judge. You need to get a legal assessment of your current situation from a person who actually practices in Housing Court. You need to understand your options and how to proceed. We can't do that for you. If you can't pay for a lawyer, then there are free lawyers for those of low income.

I can tell you of some things I heard about second hand that might work. You need to get it from someone who actually knows.
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