We have lived in the same apartment complex in Dutchess County for the last six years. We have an 8 year old son with special needs (mild ASD and anxiety disorder), and he has an IEP in school. We have a 5 year old daughter who is in the same school, mainstream classes.We need to stay in the same school district. Moving is causing my son added anxiety, I am positive other tenants pay late, can we be singled out? Can we be forced to move before we find somewhere to live in the same school district? Could this be discrimination?****I apologize, document was non renewal of lease due to late payment of rent. We have always paid the rent, and when we were going to be late, we called management to let them know.
You would be well-served to discuss your dilemma with a local landlord-tenant attorney in a confidential forum as soon as possible.
Dear Hopewell Junction Tenant:
Please look at the notice again. If you did receive an eviction notice that means the landlord sued you for rent, you did not defend the case, the landlord won, the judge entered a judgment for possession, the judge issued a warrant of eviction and the Sheriff of Dutchess County served the 72 Hour Eviction Notice.
So if you are looking at the actual eviction notice and you know nothing about being sued for the rent, you better get yourself to court quickly to stop the eviction by an Order to Show Cause so that the judge has a chance to find out why you did not defend the lawsuit.
Or are you holding some other document in your hand such as a notice of petition and petition or a Rent Demand or some other document?
New York State does not carve out exceptions for rent payment and prohibition against eviction for any person including disabled, aged, infirm. New York is a bright-line jurisdiction that entitles a landlord to a tenant's rent all the time less any abatement a court may award a tenant in defense of a non-payment lawsuit based upon a breach of the statutory Warranty of Habitability.
It is not discrimination for a landlord to engage the legal process of the State when a tenant is behind in rent. The landlord is forced to follow an arcane and statutory procedure to get to the point where the court will hear the case and along that path many landlord's even with attorneys make mistakes creating opportunity for tenants (especially with lawyers) to take hold of the landlord's case and force a good deal for the tenant so the tenant may keep her home.
There is no concept of singling out a tenant. A prudent landlord moves quickly when a tenant encounters a bump in the road and falls behind in paying rent. The court system punishes a landlord from delaying the lawsuit waiting for the tenant to catch up.
Read about the New York proceeding for rent at:
Consider hiring an attorney since the stakes are high and you want to keep your home. If you cannot afford a lawyer try to gain help from Legal Services of the Hudson Valley at: http://www.lshv.org/
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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