Ke aloha no, Folks:
(Greetings to all)
Spent a few hours in NYC Housing court this A.M. on a housing complaint I brought against the owner(s)\landlord of the building where I make my home.
My first time there. A newbie, I.
Court papers stated court appearance would be at 9:30 A.M. so I was present in court (111 Centre St) at 9:30 A.M.(- 2 minutes) this morning (4/21/2005).
For approximately one and one half hours we just sat on the benches in the courtroom. Somewhere around 11:15-11:30 the judge came out of his chambers and sat behind his bench. Just sat there looking like I felt (would have preferred to have been sleeping myself). At this point most of the wheeling and dealing seemed to be going on with the lawyers, onsite HPD lawyers, and other court officers\regulars and a few tenants and a few other individuals I suspect were also tenants along with an actual building owner(s)\landlord or two actually present as well in the courtroom. Imagine that?
Basically you're told to wait until you hear your name and your building owner(s)\landlord's names called by the court officer (armed with a loaded firearm). After waiting a while the court officer started quickly reading from a list of names numerous names of people\parties who had been scheduled to appear in the courtroom this A.M. but had failed to show up. As it was the owner(s)\landlord of the building where I make my current home was called out as not having shown up.
Of course the usual nonsense was involved once again. When I mailed the "Order To Show Cause Directing The Correction of Violations" via US Certified Return Receipt requested option, I addressed it to Otto Associates, L.P. and of course someone managed to change that to OHO since I *may have* used a single line to cross both of the Ts in the name Otto rather than two seperate lines to cross both of the Ts and of course the New York City Housing court had the case also listed then as OHO... and not Otto... Expecting this sort of nonsense I picked up on it right away and was able to respond immediately when the court officer read from the list of names the names of those who had not bothered to even show up in court.
Informed that I needed to see the onsite (in the courtroom) HPD lawyers, I of course asked about the "slight error" in names. I made sure to point out that on the official New York City Order To Show Cause paperwork I had listed both Otto Ass... *and* the landlord's own full personal name. At that point the HPD onsite lawyer told me not to worry that it's was listed that way on the court file for case which he made sure to show me. Strange how they managed to drop that name from the court docket for appearance in court this A.M. when it was clearly on the court file for the case. Don't you agree?
In any case, the onsite HPD lawyer told me not to worry since I had "won" the case since the owner(s)\landlord of the building where I live had not shown up in court nor did anyone else representing them show up either.
And what did I win? I won yet one more copy of a list of violations found by the court-ordered HPD Code Enforecement Unit inspection\inspectors
in the building where I make my home.
At this point I told the onsite HPD lawyer that I was somewhat disappointed since I showed up in court fully expecting a court hearing so that I might have some assurance that the court would now become actively involved in the case. I pointed out to the HPD onsite (in the courtroom) lawyer I spoke with that I already had a bagful of HPD lists of code violations and wasn't particularly interested in adding yet one more to my collection of them. I told him that I would appreciate a moment or two to speak directly with the housing court judge. He, and the judge, granted me my wish. (Your honor: Can you turn me
into a frog because I can't take life in New York City as a rent-paying tenant any longer?)
The judge seemed pleasant enough but the best he could tell me was that should the building owner(s)\landlord, where I make my home, fail to make the repairs listed and which were found to be legitimate housing code violations by the court-ordered HPD inspection\inspectors there was a process that is in place to deal with that possibility. He did mention that he does have the authority to have building owner(s)\landlords who willfully disregard the orders of his court tossed in jail, but clearly indciated that wasn't a very likely outcome.
I did ask if I might file "additional conditions" at this time, other than those listed in my original complaint to the court. He told me I could not. When I asked him if I needed to start yet another housing court action against the building owner(s)\landlord, where I make my home, to seek the court's assistance in getting the BO\LL to make these additional repairs he indicated that there was that process and that is what I would have to do.
Try as I might to help him understand the nature of the building owner(s)\landlord in that they will comply only as far as minimumly necessary, if that, and at the very first opportunity they will flagrantly disregard any and all housing codes and laws at will. "But sir, what good does a gas stove in my room do me if I have no gas being provided for it?" Nada. "Why should I, as only a tenant, be the one who has to call FDNY to come and inspect the fire safety of the building and only after FDNY informs the building owner(s)\landlord's onsite management that all multiple dwellings in the City of New York require smoke detectors and that even then said smoke detectors must be fully functioning and
be properly maintained?" Nada.
He did give me as sort of a bonus prize a copy of a "Default Order and Notice Of Violation" which wasn't offered to me until I was granted a chance to speak directly with him and voiced my concerns. I asked if the court might be willing to accept my current month's rent and future monthly rent payments until the BO\LL has made the repairs to correct the violations (and I was hoping until they demonstrated that they do indeed take the housing laws, regulations and codes seriously), but the judge told me no and suggested I speak with the tenant lawyers in room 101 about withholding my rent payments.
I was told by the onsite HPD lawyer that I was not entitled to have the case file marked "Final against Landlord" when I specifically asked about that since as he explained to me this was only my first time in court on this complaint.
There you have it folks. At this point I expect I'll have to file yet another list of complaints to the court making certain to try and not leave out any that may slip my mind since there are quite a number and these people apparently could care less what the NYC housing court does or doesn't do to enforce New York City housing code laws, regulations and codes. Oh, it's a wondeful life here in NYC as a rent paying tenant. Could life be any sweeter or more just than this. *I* don't think so. Aloha. Peace.
Lizard~King
"I am not *ON* the Black list. I *AM* the Black list."
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