Illegal after 17 yrs!?

I got the summons to appear in court with the summons in order to answer it. There are about 3 reasons listed. 1 is an absolute lie, 1 is totally exaggerated & LL had protected me in that incident (2nd floor occ). And the 3rd which is the Legal/unlegal info, I was lied to from the very beginning!

What I want to know is that the LL is now saying this apt is illegal. I had asked about this 17yrs ago & was told it was legal. ("If they wanted a gas stove, a fire escape would have to be attached. Because they put in an electric stove, & there is another exit, the apt. WAS legal!)

I would like some info re: the Legal/illegal apt. Please understand, that due to a disability, I find that I can no longer walk the stairs & have to move because of my health. "Things" are in the works already, although I would need approx 2 more months.

Thanks in advance

I couldn't make heads or tails of your post. A few more details, please. Like what the summons was for, how long you have to answer, what you want to happen....

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[quote]Originally posted by Tracey:
[b]I couldn't make heads or tails of your post. A few more details, please. Like what the summons was for, how long you have to answer, what you want to happen....
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Yes I see that I left a "few" details out!!

I'm being evicted after 17 yrs of living here.

1. I was informed that this apt was legal when I 1st rented. Hence the "story" about the fire escape in my orig posting. Please know that I am going to move due to the stairs. Arrangements are being made - Fla - where my mom is. Nov-Dec.

The summons listed the following:

2. I am severely destroying the premises & will not let anyone in to inspect/or make necessary repairs.

Uhhh - What repairs??? What destroying??? I have difficult carrying a 1/2 gal. of milk and/or walking to the supermarket. Also, I have pix of hole in bathroom flr they have ignored to fix, they put new windows in my bedroom & had to put wood arnd the that area. Never painted it! Also, LL son was there when windows were put in. He allowed workers to take out my new AC, cut the side louvers, put back in the window & covering some wall part with cardboard. Again, I have pix.

3. I have become a nuisance to other occupants especially one on 2nd flr. I usually wait until late at nite & into the wee hrs of the morn to carry on with repeated poundings & dragging objects within my apt.

This is too lengthy & not necessary to get into. LL had many problems with this tenant & told them to stop harrassing me! Yes, 1 A.M., around 1:30, I accidently made noice in the closet of dragging something. Lasted less than 5 min., LL son called me (drunk!). "He was just doing his job". LL called the next day & I explained how it was an accident & I stopped right away. Apology was accepted.

These tenants wanted me to "go to sleep at 11 PM, walk arnd barefoot, claimed they heard my PC modem, keyboard, etc." LL sons investigated & we all proved tenant a liar.

I have carpet in bedroom, livingroom, & even kitchen. I spend lots of time in bed as the pain of my condition has increased.

I am also under the care of a psychiatrist due to the disability causing psychological problems. I informed the LL when I actually became a disabled person from my working all these years. Now they deny knowing anything.

But mainly are the 3 things listed.

All I want is some extra time until Nov-Dec -Definitely B4 Xmas holiday. I even have a family offering me room/board for free! I just have the difficulty of packing some of my things & I move slowly.

Did I get "it" together this time? Sorry I was so lengthy.

Yafa

OK, now I have a better idea of what's going on.

First, file an answer to the complaint that came with the summons. This will force L to pay for a show cause hearing, which will take at least 2 weeks to schedule. In your answer, deny everything L says you're doing that you aren't. Allege that the apt is grandfathered under the old zoning laws/building code. Raise the defenses that L has refused to make repairs you have requested, even though you've requested many times. (If your request was in writing, attach a copy showing the date of your request.) Check with legal aid to see if you can also raise an ADA defense -- a "reasonable accomodation" for your disability is to acknowledge that you can't be as quiet as most/will be up at odd hours/etc., & L can't punish you for this. Counterclaim for L's failure to make requested repairs, damage to your AC (bring pictures to court), & breach of the covenant of quiet enjoyment (because L hasn't protected you from unreasonable neighbors & L's son calls you at 1:30 am, drunk).

Serve the answer on L & file it in court within the time given in the complaint. L will then have to schedule a hearing & inform you of the day & time.

In court, present your defenses, and your counterclaims, & ask for $$ to compensate you for the AC. Take copies of the old zoning/code, & a report from an inspector that the apt WAS legal but isn't anymore, if you can get it. You also have an equitable defense that L can't tell you an apt is legal to induce you to rent it, then turn around & tell you it isn't to try to evict you. Finally, ask that, even if the court terminates the lease, the judge give you extra time to move (due to your disability) as long as you pay your rent on time. If you're on a year lease, you'll also have to ask that the judge terminate the lease effective 11/30 or whenever you want to move.

You might also ask the judge to determine if you've done any damage beyond 17 years of normal wear & tear to the place, since I guarantee you'll be back in court trying to get your deposit back. Take lots of pictures & maybe a video tape of the place (no sound, just picture), and bring your move-in damage report. If L never did a move-in report with you, the court should automatically award you the full damage deposit, since the report is REQUIRED for L to be able to prove that *you* caused the damages. Also, try to get a finding that the carpets have NO value after 17 years & L can't charge you 1 penny for them. This should also be automatic.

Finally, ask for attorney fees & costs for sucessfully defending your suit/winning your counterclaims.

Dig out the NY landlord tenant law (Consilodated Property Code, Article 7) & read it for causes of action/defenses that may also apply. It will also give you the appropriate statutes to cite in your answer/countersuit. You should also consult with legal aid, a law school clinic, or a tenants' union. They may have some valuable help.

After you win, if L wants you gone, he'll have to bribe you -- make him pay all your moving expenses & 2-3 month's rent.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

Thanks Tracey,

I'm going down to Dept of Blds to get C of O. Then Thurs down to court to answ summons. As far as denying, no problem as none of it's true! Will ask for court apptd atty as I can't afford one. Got pix of work left "unfinished" incl hole in bathroom floor & new window frame left unpainted with a piece of cardboard for 1 side of the AC. Also, I moved in on "painted" flrs! I installed the cpts! Livingrm, bedrm & kitchen carpet. No move-in report.

Thanks again. I will let you know how I make out.

Yafa