I have an issue in an apartment that clearly involves personal injury. It's related to bed bugs, a landlord's mishandling of the problem, subsequent loss of property, medical issues, etc. I'm not a lawyer but it would be my guess an exterminator involved has a place in any legal action in this matter, as well.
I suppose you could go to NYC housing court with the sort of issue I'm describing, but I'm thinking it might be better suited for a personal injury lawsuit. Are you allowed to pursue a landlord-tenant issue in a venue other than housing court in NYC? If it helps in your understanding, I'm a rent stabilized tenant.
Also, is this type of issue something one would use a 'housing court lawyer' for, or would you look for an attorney with a somewhat different background?
This sounds like a personal injury matter. If it's eviction, failure to repair, inhabitable conditions, etc, then its housing. Here, sounds like you have property damage and bodily injury. I would file suit in civil court if you're damages are under $25,000, or in Supreme Ct if over.
Dear New York Tenant:
True "landlord and tenant" proceedings exist only by reason of the Real Property Actions and Proceedings Law, Article 7. In NYC those lawsuits (nonpayment proceedings and holdover proceedings) are initiated in the Housing Part of the Civil Court. The NYC Housing Court Act gave additional jurisdiction to the Housing Court to deal with a new form of lawsuit (an HP Proceeding designed for a tenant claim for repairs, as created in the NYC administrative code) as well as proceedings under Article 7A of RPAPL ( for appointment of an administrator in multiple dwellings) and a new form of lawsuit for harassment created by the NYC Council as an additional tenant remedy.
Personal injury claims and property damage claims have never been part of the lawsuits allowed in Housing Court even when the litigation is between a tenant and a landlord. Those lawsuits if damages sought are $s25,000 or less are started in Civil Court (and for more damages in Supreme Court.)
For personal injury claims a law firm specializing in that form of lawsuit should provide a consultation.
If you need repairs (extermination) you may initiate an HP Proceeding without a lawyer.
If your damaged property is valued at $5000 or less you could use Small Claims Court.
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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