The landlord has not undertaken the repairs even after I reminded and provided access.
What is my recourse now? The repairs are making the apartment unsafe and have reminded the landlord of such.
Landlord / Tenant Lawyer
If the landlord has not made repairs as agreed to in a Housing Court stipulation, the tenant can go to court and prepare a document called an order to show cause at the Housing Court clerk's office. The order to show cause is an application to the court for an order. The judge would sign the order to show cause and assign you a day to come to court. In your case, the application would be for an order to compel the landlord to make the agreed upon repairs.
You should think twice about restoring the case to the calendar, however, if you owe any amount of rent you are currently unable to pay. You don't want the landlord to use the opportunity presented by your restoring the case to the calendar to make its own application to obtain a judgment or order against you for unpaid rent that could put you in danger of potential eviction.
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Landlord / Tenant Lawyer
Dear New York tenant:
Did the judge conduct a conference with you and the landlord before the judge signed your agreement? If so, you may have inquired about what you could do in case the landlord did not make the repairs, or the judge may have told you to"restore" the case the calendar, by an order to show in cause, in case the landlord did not make the repairs.
Mr. Bianchi offered experienced wisdom about using the case you settled to go back to the same judge for the judge to order enforcement of the landlord's promise to repair the apartment. You do not want to put a settled nonpayment case back before a judge if you still owe money you agreed to pay in the same settlement where the landlord agreed to repair. If you pay it all up, then seeking the judge's power to compel in the settled case is useful. You may want an attorney at your side on this go-a-round.
Instead you may initiate your own lawsuit known as an HP proceeding.
Read more about the HP proceeding here:
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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Divorce / Separation Lawyer
As suggested you could in the alternative bring an HP proceeding in which the question of unpaid rent between you and the landlord will not be an issue. The NYC Dept of Housing Preservation and Development will inspect your apartment and the common areas for any violations you list in your HP (Housing Part) petition. The case will proceed between your landlord, the city and you as described in the court website. If the conditions are dangerous you may have already had a HPD inspection in the non-payment case. If not, you or your attorney should be asking for an inspection if you elect to take the step of restoring the non-payment case to the calendar Good luck.
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