Moderator: TenantNet
by HappyTenant » Tue Feb 19, 2019 8:20 pm
by TenantNet » Tue Feb 19, 2019 11:39 pm
by HappyTenant » Wed Feb 20, 2019 10:25 am
'Even if you don't fall under that program, depending on your income you might qualify for legal help from groups like Legal Aid, Legal Services or Mobilization for Justice.'
'Next, see who actually owns the property. Is it an individual, a corporation or LLC. If the LL died without a will, that could complicate things. See who is the executor. Has the executor gone through probate? You're trying to see if the grand daughter has legal standing to commence a proceeding. If not, you can challenge that.'
'On the agreement to delay rent, did you document it in any way? Is it referenced in any letters or other documents you made at the time?'
'Boiler/burners are supposed to be central and serve the entire building, unless the owner has a waiver. See https://www1.nyc.gov/assets/buildings/p ... ceCode.pdf - and go to page 29. This might bring a violation, but I don't know if it would stop a court proceeding. But it might be ground for a counterclaim or overcharge if the LL is making you pay for it? (might depend if your rent stab or not).'
'Does the LL agree that you are RS? Did you get a RS lease when you moved in? Are increases compliant with RS RGB increases? A lot to look into. Get a rent history from DHCR to start. Also get the rent registrations going back to 1984.'
- it was dismissed on the other person name, brought a new case on my name, I responded that I have some conditions in my apartment that should be fixed, and when I had my first date I asked for an adjournment as a free lawyer (secretary) advised. I was assured I am going to get help when applied as I fit by my budget and family situation, but yesterday was told that I won't get it and I should go on Friday myself. Therefore trying to get ready for different kind of situations.'You said the case was dismissed. But is there a new case in your name? This isn't clear.'
'Yes, there is a provision where a LL can ask for the rent to be deposited into court on the second adjournment. But I've never seen it applied (however I'm not an attorney or practitioner in housing court). I believe thought it's up to the judge.'
'As for one-shot deals, in some cases I think they might be loans, not grants. Check into that. of course if you get one, you can't get another. So I would be careful.'
'The DHCR "rent freeze" is a temporary freeze for the LL not providing required services. You say you might be in a RS building, but that's technically incorrect. Whether or not your apartment is RS -- well you have to plead that in your answer and the LL has to dispute that.
My understanding is that either DHCR or the court can make that determination. Many attorneys believe that DHCR is evil incarnate and it's better to go with the courts. That might or might not be the case, and could depend on which judge you get for pre-trial and for trial. That's why you should get an experienced tenant attorney if at all possible.'
'If it were me, I would make a motion to dismiss the case on jurisdictional grounds (if the LL didn't plead RS status in his petition). But I'm only reacting to what you've told me above. There's a lot I don't know. And there's only so much you can get from a free lawyer if it was one of those 20 minute consultations. OTOH, they may be entirely correct. I assume you showed all your papers to the lawyer.'
'As for what you can do, I don't know if there is a 100% guaranteed way to get a second adjournment. One thing to consider is to tell the court you are seeking a lawyer. But if you do that, I would make sure you come back with a lawyer.'
by TenantNet » Thu Feb 21, 2019 6:19 am
by HappyTenant » Thu Feb 21, 2019 2:30 pm
On the ownership, check with the NYC Dept of Finance - the property deeds at https://a836-acris.nyc.gov/CP/ -- to see the actual owner. The DHCR records are not always dispositive on ownership. Only the owner can sue for possession. If things are murky or in a state of change due to the owner's death, there might be an issue to raise.
You probably shouldn't have asked for an adjournment the first time on. I would say about 98% of all cases are adjourned the first time anyway, so no need to ask for it. Or in many cases the LL lawyer will ask for it.
Look at the Petition and Notice of Petition. Does it say you are RS? If not, then they haven't put it in their pleadings and that might be a jurisdictional issue.
Motions can be complex and are beyond the scope of this forum. OTOH, you can simply ask for something (an "application") and the judge might treat it the same way. Formal motions are on paper and give the LL the opportunity to ask for an adjournment in order to respond to your motion on paper. That is one way to force an adjournment. A formal motion has to be served in the opposing party a certain number of days prior to the next appearance, then there has to be an affidavit of service by a non-party, and that has to be filed with the court. That is what lawyers do.
Do not do whatever the LL lawyer wants you to do. Don't sign anything or agree to anything unless you know exactly what it all means. And NEVER EVER agree to anything that has the words "agree to judgment" or anything similar to that. That's a trick used by LL lawyers. You have the right to have the judge review any stipulation presented to you and have the court explain to you what it means and the consequences. Don't give up that right.
by TenantNet » Thu Feb 21, 2019 3:23 pm
by HappyTenant » Thu Feb 21, 2019 8:12 pm
by TenantNet » Fri Feb 22, 2019 12:58 am
by TenantNet » Fri Feb 22, 2019 4:51 am
I don't think they said that, but I'm RS.
by HappyTenant » Fri Feb 22, 2019 12:17 pm
by TenantNet » Fri Feb 22, 2019 12:43 pm
by HappyTenant » Fri Feb 22, 2019 1:00 pm
by TenantNet » Fri Feb 22, 2019 1:36 pm
by HappyTenant » Fri Feb 22, 2019 1:39 pm
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