I am a tenant, my mom is the tenant of record, i am not. My mom told me to deal with NYCHA for the duration of our court history 2010-pres, since the damage property from leaks and floods were mine. I went to court for fixes, and damaged property. My mom really knows nothing about this case orlaw. I reached a settlement in court on the recent problem for damaged property. Our lessee states we are entitled to abatement under hazardous condition. We held one month rent under$800. I believe i can meet the elements for breach of warrant of habitabilty. I have about 5 live Flood videos, multiple pictures, multiple notices signed and stamped by Nycha telling them to fix for the past 3 years, and they still haven't fixed our Apt. At the same time i feel my case may be weak, and has certain flaws.
Dear Bronx Tenant:
A Power of Attorney does not make you your mother's attorney at law in the proceedings with the NYCHA . You did not mention the reason your mother does not know anything about the case. Tenants are not expected to know the "law" as well as experienced attorneys, but with good study of resources on the Internet tenants will learn about tenant legal rights (http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf; and, http://www.nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf, just as two examples). These guides do not teach how to conduct a trial, but you could surely spend time in the Bronx Trial Parts and watch a few trial.
NYCHA is notorious for delay in making repairs in apartments even when the defective conditions affect life health and safety. You may want to get in touch with your City Council Member or the NYC Controller or the New York Public Advocate.
Your lease could have been silent about the right to an abatement and you still would be entitled to an abatement based on the statutory Warranty of Habitability that State law builds into every residential lease. An abatement offer of one month rent for five floods seems eminently reasonable. NYCHA should jump on the offer.
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.
A power of attorney gives an individual the power to handle some matters; however, it does not make you an attorney who is able to practice law. Therefore, you will not be permitted to represent you mother in a court of law as a licensed attorney would be able to.
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