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Nonpayment of Rent Summary Proceeding in NYC - Any tips?

I am an in-house attorney for a judgment enforcement company mcacollector02/04/19
This is one of my areas of expertise and I have been practic nycatt02/07/19
Landlord tenant is extremely procedural. One stupid misstep greenhorn02/04/19
"Landlords are punished" hahahahaha If a landlord sues a debtslave1502/08/19
Good. Maybe those dead beats will actually pay their rent in isthisit02/08/19
Landlord Tenant law is something that should not be complica irishlaw02/04/19
@greenhorn - thanks this is helpful @irishlaw - yeah that mcacollector02/04/19
If it's anything like NJ L/T law than it's highly procedural isthisit02/04/19
Ahhh but if only it were that simple. Landlord laws in NYC a dalocummelioribus02/06/19
mcacollector (Feb 4, 2019 - 5:49 pm)

I am an in-house attorney for a judgment enforcement company and I handle collections and judgment enforcement here in NYC. Our company has a potential new client who is a landlord (mix of commercial and residential). We have a meeting with this person next week to discuss taking on files from him and I have zero experience with this (but I'm the lawyer, so I must know everything about the law, right? LOL). Anyway, he wants us to handle the whole process (i.e.: litigation of the nonpayment proceedings). I did not speak with him personally, so I do not know whether these tenants have been evicted already.

However, assuming they've been evicted, is the nonpayment proceeding/ obtaining a judgment very involved? The CPLR states that it is a "summary proceeding" what does it actually entail? Can these things be e-filed?

I don't want to be spending a ton of time in court chasing around these tenants while I have a bunch of already entered judgments sitting on my desk not being enforced. I also have only been to court twice in my 5 years practicing and would rather avoid it, if possible.

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nycatt (Feb 7, 2019 - 4:49 pm)

This is one of my areas of expertise and I have been practicing for ten years. My hourly rate is $400 and my bosses' is $600. We do mostly commercial and rent regulated, which are hard and people ar ewilling to pay top dollar. Some of the mills will do it for much less, but they screw up a ton of the cases (which is normal, because each must be proceduraly perfect), but the numbers make sense when you are dealing with thousands of cases a month. THey have a person at every court they practice in everyday.

You are about to get so effed unless you can hire a full staff (including a ver experienced para) and more attorneys. Otherwise, run the other way. This isn't rocket science, and you can learn a lot by reading, but without an expert attorney who has been there to guide you, you are gonna be reemed over and over.

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greenhorn (Feb 4, 2019 - 7:44 pm)

Landlord tenant is extremely procedural. One stupid misstep along the way and your petition will get dismissed. Especially in NYC where tenants are protected and landlords punished.

For starters try this :

https://nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf

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debtslave15 (Feb 8, 2019 - 1:26 pm)

"Landlords are punished" hahahahaha

If a landlord sues a tenant in Housing Court, even if it's completely baseless, the tenant is blacklisted from ever renting an apartment in the city. A friend of mine withheld rent when his entire building had no heat or hot water (during the winter no less) for close to a month. This is perfectly legal as the landlord is required to provide heat and hot water and failure to do so renders the apartment uninhabitable. The landlord breached the Warranty of Habitability and lost the case in HC. But when the guy went to move to a new building, they saw that he had been sued by a previous landlord and would not rent to him. The fact the landlord lost the case didn't make a damn to them.

It is difficult for landlords to have a non-paying tenant evicted, but landlords still hold tremendous power over tenants in NYC. Many flagrantly break laws (e.g. refusing repairs, taking weeks to fix a broken front door where in the meantime ANYONE can enter the building, etc.) knowing that if the tenants attempt to fight back, they can permanently tarnish their record by suing them.

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isthisit (Feb 8, 2019 - 2:31 pm)

Good. Maybe those dead beats will actually pay their rent instead of dragging out the inevitable.

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irishlaw (Feb 4, 2019 - 8:33 pm)

Landlord Tenant law is something that should not be complicated in theory. (Not paying rent = petition court for eviction and a money judgement) but in practicality way complicated.

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mcacollector (Feb 4, 2019 - 8:52 pm)

@greenhorn - thanks this is helpful
@irishlaw - yeah that is my fear. Ultimately, it isn’t my decision to make whether we take on this client, but I would like to be prepared to have a discussion with our CEO about what this entails because he has no idea at all. I am the only lawyer, with an already full plate, so it seems that I will need to make him understand that this isn’t just paper pushing and that it will require a ton of my attention.

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isthisit (Feb 4, 2019 - 10:27 pm)

If it's anything like NJ L/T law than it's highly procedural. You mess up the timing of your notices to cease and notice to quit and you're back to square one when evicting for cause.

Non-payment is more straightforward and procedure matters less. Essentially, you pay you stay or you don't and you go.

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dalocummelioribus (Feb 6, 2019 - 9:04 am)

Ahhh but if only it were that simple. Landlord laws in NYC are an absolute NIGHTMARE. I'm living it personally and inside my own home>

http://jdunderground.com/law/thread.php?threadId=178429

Good luck! You will really really need it. I still have a deadbeat roommate since November that he has not payed and I still CANNOT get him out even though I have a warrant of eviction. If something like that is so complicated, time consuming and tons of money, good luck enforcing a judgment on a judgment proof deadbeat. NYC judges will go with the "tenant" no matter what.

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