All Housing/Apartments Matters

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First, some links:

The Federal:

http://www.hud.gov/


Housing Court Decisions on-line:

http://tenant.net/Court/Hcourt/index.html

New York:

https://iapps.courts.state.ny.us/cas...jsp/ecourt.htm

https://iapps.courts.state.ny.us/webcivilLocal/LCMain

http://nycourts.gov/courts/nyc/housing/forms.shtml

Forum:

http://www.tenant.net/phpBB2/index.p...95d3c1c1f6a3a2


Many sub-Link from this one:

http://www.metcouncil.net/
http://www.metcouncil.net/factsheets...family_Housing

HPD:
http://www.metcouncil.net/factsheets/28RCNY.html

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Also related to co-ops:




Share (finance)

In finance a share is a unit of account for various financial instruments including stocks, mutual funds, limited partnerships, and REIT's.



In British English, the usage of the word share alone to refer solely to stocks is so common that it almost replaces the word stock itself. The income received from shares is called a dividend and the name given to anyone who owns shares is called a shareholder.

A share is one of a finite number of equal portions in the capital of a company, entitling the owner to a proportion of distributed, non-reinvested profits known as dividends and to a portion of the value of the company in case of liquidation.

Shares can be voting or non-voting, meaning they either do or do not carry the right to vote on the board of directors and corporate policy.



Whether this right exists often affects the value of the share. Voting and Non-Voting shares are also known as Class A and B shares.

Other terms by nexus:

Securities
Bond
Equities
Investment Fund
Derivatives
Structured finance
Agency Securities


Markets
Bond market
Stock market
Futures market
Foreign exchange market
Commodity market
Spot market
Over-the-counter Market (OTC)

Bonds by coupon
Fixed rate bond
Floating rate note
Zero coupon bond
Inflation-indexed bond
Commercial paper
Perpetual bond


Bonds by issuer
Corporate bond
Government bond
Municipal bond
Sovereign bonds


Equities (Stocks)
Stock
Share
IPO
Short Selling


Investment Funds
Mutual fund
Index Fund
Exchange-traded fund (ETF)
Closed-end fund
Segregated fund


Structured Finance
Securitization
Asset-backed security
Collateralized debt obligation
Collateralized mortgage obligation
Credit linked note
Mortgage-backed security
Commercial mortgage-backed security
Unsecured bond
Agency Securities


Derivatives
Options
Warrants
Futures
Forwards
Swaps
Credit Derivatives
Hybrid Securities

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http://www.nycourts.gov/courts/nyc/h...appeals2.shtml

New York City Civil Court
Housing Part

Appeals

In General

An appeal cannot be taken from anything other than a written order or judgment made by a judge. Where matters have been settled by mutual agreement of the parties, through mediation, by ex parte order, or on default, no appeal is possible. In such cases, you must first bring a motion or order to show cause to vacate the settlement, the default judgment or the ex parte order. The order which grants or denies your motion or order to show cause is then appealable. You should consult an attorney regarding any legal remedies you may have.

The appeal process may be costly. In order to submit an appeal you will have to provide a copy of the transcript of the hearing, which may be transcribed from a tape recording machine or from the notes of a court reporter. The fee may be based upon the length of the transcript which must be prepared. It is suggested that you obtain an estimate of the cost of preparing a typewritten transcript of the minutes of the trial. You may also wish to listen to the tapes before having them transcribed. You may consider the information useful in determining whether or not to appeal. You may also qualify for Poor Person’s Relief which would pay for the cost of the appeal. To find out where in your county to contact the court reporter, obtain a transcript of the tape recording of your hearing and/or apply for poor person’s relief go to Locations.

A notice of appeal must be filed within 30 days from the service of the judgment or order appealed from, with written notice of its entry. If a copy of the judgment or order is not served, there are no time limitations on the filing of the appeal. Go to Serving "Notice of Entry" to learn more.

A party served with a notice of appeal may take a cross-appeal within ten days after service of appellant’s notice of appeal or motion papers, or within the original 30-day time period, whichever is later.

An appeal does not mean a new trial or the presenting of new evidence. Rather, it is a review of the relevant portions of the court file and the relevant portions of the transcript of the trial minutes by the judges of the Appellate Term of the State Supreme Court.




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Stay of Enforcement of Judgment or Order Pending Appeal

In general, an appeal does not stop or stay the execution of a judgment. If there is a possessory judgment against you and you want to stop it while your appeal is being decided, you must follow the instructions in this section.

A stay is available to anyone facing an eviction who provides the required undertaking, that is, the deposit of an amount of money equal to the judgment amount, or another amount set by the court. The undertaking is required for protection in case any harm is committed against the property during the months that the appeal is being decided

In order to obtain a stay:
1. You must serve a notice of appeal on the other side.
2. You must apply to the trial court which rendered the judgment or order to set the amount of the undertaking. You may do so by order to show cause. The court will set the undertaking, which may include payment of use and occupancy in installments as it becomes due while the appeal is pending.
3. After the trial court sets the amount of the undertaking you must then deposit that amount with the clerk of the New York City Civil Court in your county. You may be required to continue to deposit use and occupancy as it becomes due while the appeal is pending.
4. The automatic stay is not effective until the notice of appeal is served, the court has set the undertaking and the appellant has paid the undertaking.

The appellant may also apply directly to the Appellate Term for a limited stay, or to vacate, limit or modify a stay imposed by the trial court.


If a stay is granted, it may be based upon conditions determined within the discretion of the Appellate Term. It is likely that the amount the court will require to be deposited with the Civil Court as an undertaking will be the entire judgment amount awarded by the trial court.

If a respondent disagrees with the imposition of a stay, the respondent can challenge the stay at the court where the appeal is pending. That court has the power to vacate, limit or modify any stay imposed. The respondent must show that the appeal is without merit, was brought in bad faith or solely to delay, that the stay will cause an undue burden or hardship, or that the appellant failed to comply with the court’s order requiring an undertaking.

Any New York State or political subdivision of the State, such as the New York City Housing Authority, can also obtain an automatic stay.

For example, the Housing Authority or the City of New York can obtain an automatic stay if it appeals an order to correct violations or to perform repairs in an HP case, or an order in favor of a respondent in an eviction proceeding.

If you are interested in appealing a Housing Court judgment or order, which consists of filing a notice of appeal and perfecting the appeal, continue reading the procedure set forth below.

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Filing of Notice of Appeal

The form required to appeal may be downloaded for free by going to Notice of Appeal or you may obtain the form from the Appeals Clerk in your county.

Fill out the Notice of Appeal then make two copies. Have someone who is over the age of 18 and not a party serve a copy on the opponent. (If the opponent has an attorney, the attorney must be served). Such service may be by mail or in person. The server must fill out an affidavit of service form. Go to Affidavit of Service to obtain the appropriate free civil court form.

The original Notice of Appeal with the Affidavit of Service must be filed with the Civil Court, and the fee paid. To find out the cost of the fee go to Court Fees. If you do not have enough money to pay the fee, you may ask the court to waive the fees. To learn how to apply for a waiver of the filing fee, go to Poor Person’s Relief. To find out where to file the Notice of Appeal in your county, go to Locations.

The remaining copy should be retained by you for your records.




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Obtaining the Transcript of Trial

The appellant must order and pay for a transcript of the minutes of the trial from a transcribing service if the proceedings were recorded by a digital recording system, or from the court reporter if one was present in the courtroom.

For the Record System (FTR)

There is a digital recording system in the courtroom that records all the proceedings before the Judge. To obtain a transcript of your hearing follow the steps below:
1. You must requisition the audio record in order to create a transcript. To do so you will need to know the index number of the case, the Part and the day(s) and time(s) that you were in court.
2. After you have that information and are ready to request the record, go to Locations and check the section on "Tape Recording Transcription" to find out where to go in your county.
3. To listen to, get a copy of or to request that the record be transcribed, you will be asked to fill out a Civil Court "Request for Audio Record” form. On this form you will indicate the caption and index number of the case, the name of the judge, the part and room, the date(s) and time(s) of trial, and your name address and telephone number. This form must be signed and dated. If you wish to have the record transcribed at this point, you will need to add the name of the transcription company (see number 5 below).
4. Court personnel will contact the person whose name and telephone number are listed on the form. You may return to court to listen to the record and/or obtain a copy of the record on a CD. You may also obtain a copy of the record, on an audio file, that can be emailed to a web address. You may wish to do this before having the record transcribed because the information may be useful in determining whether or not to appeal.
5. If you wish to have the record transcribed, you must select an Authorized Transcription Company from the list of Electronic Recorder Transcription Services. These companies are not employed by the court system and they set their own rates. You may obtain a copy of this list from the Audio Records Office (ARO).
6. The name of the Authorized Transcription Company must be added to the Request for Audio Records form.
7.The ARO will arrange for the transfer of the record to the transcribing company.
8. You will make your own arrangements with the transcription company as to payment and delivery of the transcript.
9. If you have requested a copy of the record on a CD, the court will contact the person named on the form to pick up the CDs when they are ready.

Court Reporter

If you requested that a court reporter be present at your hearing and the minutes of the proceeding were recorded by a court reporter you must follow the procedure below to obtain a transcript:
1. You must contact the court reporter’s office. Go to Locations to find out where to go in your county. You will need the date of the hearing and the name of the Judge.
2. The court reporter will provide an estimate of the cost of preparing the transcript. If you order a transcript a deposit of part or all of the estimated cost may be required.
3. You will make your own arrangements with the court reporter as to payment and delivery of the transcript.




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Poor Person’s Relief to Obtain the Transcript

You must pay for the cost of preparing the transcript, unless you have obtained Poor Person’s Relief. If you believe that you may qualify for a waiver of costs and fees, go to Poor Person’s Relief to learn more. When filing for poor person’s relief you must provide in your affidavit in support of your request an estimate of the cost of preparing the transcript. You may obtain this from either the court reporter or the Tape Recording Transcription office. Go to Locations to find where to go in your county.




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Procedure for Making Proposed Amendments

If you find that there are mistakes in the transcript because the transcriber did not correctly type what was said in the courtroom, you must suggest corrections to the transcript within 15 days after receiving the transcript by following the procedure below. Any proposed changes will later be decided by the Judge.
1. The appellant should read the transcript.
2. If there is an error in the transcript, the appellant should make a note of the page and line number.
3. After the whole transcript has been reviewed, the appellant should list each error by page and line number along with proposed amendments on a page entitled "Proposed Amendments and Objections."
4. The appellant should then make a copy of the proposed amendments and objections list, and attach it to the transcript. It must then be served on the respondent by following the procedure below.




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Serving the Transcript

A Notice of Transmittal of Transcript, a copy of the transcript and the copy of the proposed amendments and objections, must then be served on the respondent by someone over 18 years of age and not a party. You may download the form required to send the transcript to the respondent by going to Notice of Transmittal of Transcript, or you may obtain the forms from the appeals clerk in your county.

The respondent shall make any proposed amendments or objections and serve them on the appellant or his/her attorney within 15 days. After the 15 day period has expired, the appellant may "settle" the transcript (see below) whether or not the respondent has served objections.




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Settlement of the Transcript

The transcript must be "settled" by the Judge who heard the case, or by agreement of the parties. In this instance the word "settled" is used to mean that the transcript of the minutes of the trial and the proposed amendments and objections will be examined or reviewed for accuracy and finalized by the court. You may go to Notice of Settlement of Transcript to download the form you need or you may obtain the form from the appeals clerk in your county.

The Notice of Settlement of Transcript form is intended to notify the opposing party or his/her attorney of the date on which the judge will settle the transcript. You need not appear in Court on that day. The opposing party or his/her attorney must be given at least four days advanced notice (nine days if service of the Notice of Settlement is by mail) of the scheduled date of such settlement. The person who serves the Notice of Settlement must fill out an Affidavit of Service, which must be notarized.

The Notice of Settlement of Transcript form is to be filled out in triplicate and distributed as follows:
Copy 1, the original, along with the transcript of the minutes of the trial (with the objections and/or proposed corrections, if any) is to be submitted to the Appeals Clerk before the day of settlement. The Appeals Clerk will provide all the papers to the trial judge on the day of settlement along with the Affidavit of Service.
Copy 2, must be "served" on the opposing party or his/her attorney by someone over 18 years of age and not a party to the action, notifying him/her of the date on which the judge will settle the transcript.
Copy 3, should be retained by you as your record.





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The Appellate Term

After the transcript is settled, the Appeals Clerk will prepare a Clerk’s Return on Appeal and submit it to the Appellate Term with the transcript, Notice of Appeal, court record and any other related papers.

You must perfect (complete the filing of) your appeal with the Appellate Term of the Supreme Court in accordance with their rules, regulations and instructions. To find out where the Appellate Term is in your county, go to Locations.

[nydeemarie]

TY.. STL

I was wondering what the process was for settling the transcript..

especially since mine had errors.. and was objected to by me...

hmmm..

so without Notice to me.. unsigned by me...
the Judge with full knowledge of error and objections... chose to sign off on the transcript..

[Sharing Lights]

Originally Posted by nydeemarie

TY.. STL

I was wondering what the process was for settling the transcript..

especially since mine had errors.. and was objected to by me...

hmmm..

so without Notice to me.. unsigned by me...
the Judge with full knowledge of error and objections... chose to sign off on the transcript..

SL: Lawyers-judges want to maintain total control even over records.

No wonder they do not allow recordings and cameras.
Those who act honestly and decently do not need to hide their acts.

If asked to explain that audio recording of the court would be compared
to the reporter's digital recording,
as well, for accuracy.

If thugs object, file a Motion that demands an independent recording
to verify and illuminate any errors, openly stating that there is no evidence that
court's recording is not turned on and off at will.

I have nothing to lose as the thugs would cheat most of the time any way.

The hell with their protocols and inferior Procedures
as there is nothing better than a direct digital recording, followed by
a transcribing process, which can be always compared
vs. the original recording for accuracy.

....................

[mystrangemind.com]

Hello All,

I am a property owner from Alabama and I recently rented a room to someone with no formal written agreement. The deal was $250/mo for a 2-month trial and then we were going to establish a formal written agreement for rental of the full property.

I have already started moving out my property and it has become clear that the tenant is lying and putting off the full payment of their due payments. It is now the 27th and they have only paid 100 of the rent money that was due on the 15th, plus there is a utility bill that we were to split that is due soon.

I have reviewed applicable laws (attached) and I am unclear of the actions I should take to lawfully remove this individual and their property from the premesis in the most expedient way.

The cable and utilities are under my name, most of the furniture and appliances are my property as well.

Must I give 30 days for him to leave or can I tell him a shorter time period. Also, can I simply cut off the utilities in order to encourage him to leave sooner?

Please let me know if you have any ideas about what would be the best way to deal with this situation.

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[mystrangemind.com]Hello All,

I am a property owner from Alabama and I recently rented a room to someone with no formal written agreement. The deal was $250/mo for a 2-month trial and then we were going to establish a formal written agreement for rental of the full property.



Did you have a witness to your, verbal agreement?


I have already started moving out my property and it has become clear that the tenant is lying and putting off the full payment of their due payments. It is now the 27th and they have only paid 100 of the rent money that was due on the 15th, plus there is a utility bill that we were to split that is due soon.


What proof for utility arrangements do you have?


I have reviewed applicable laws (attached) and I am unclear of the actions I should take to lawfully remove this individual and their property from the premesis in the most expedient way.


I believe that Authority may rest with your local court
once it directs the order.

It may be unwise to engage in any act which may be used vs. you later.



The cable and utilities are under my name, most of the furniture and appliances are my property as well.


If the tenant is dishonest and you do not know how
he/she may act, it may make sense to write the inventory list of your property in a presence of a witness and take photos.


Must I give 30 days for him to leave or can I tell him a shorter time period.

I would check the rules of your State but logic tells me that there has to be a provision for a Notice to Cure or Quit first.

If default, then followed by a Court's Summons.


Also, can I simply cut off the utilities in order to encourage him to leave sooner?


That may appear as an act of retaliation and
jeopardizing welfare of a tenant.

Is not proper and wise at all, as well as you do not know the mental state of the tenant.

What is he/she can not make rational decisions to some degree.


Please let me know if you have any ideas about what would be the best way to deal with this situation.


We have to read the laws applicable to Housing matters in your Courts.

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http://www.legislature.state.al.us/C...1975/68120.htm

Article 1 General Provisions
Section 35-9-1 Tenant estopped to deny landlord's title
Section 35-9-2 When tenant at will entitled to emblements
Section 35-9-3 Duration of tenancy when time for termination not specified— Generally
Section 35-9-4 Duration of tenancy when time for termination not specified— Hiring of lodgings for indefinite term
Section 35-9-5 Notice to terminate tenancy for term less than one year
Section 35-9-6 Notice to quit for breach or default of terms of lease
Section 35-9-7 Service of demand or notice
Section 35-9-8 Notice unnecessary when tenancy is for certain period
Section 35-9-9 Remedies extended to lessor's grantees, etc
Section 35-9-10 Remedies extended to lessee's grantees
Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees
Section 35-9-12 Seizure of crops upon abandonment of premises
Section 35-9-13 Recovery of rent upon death of life tenant who has demised estate
Article 2 Liens of Landlord
Division 1 Liens for Advances and Rent of Lands
Section 35-9-30 Lien declared
Section 35-9-31 Maturity of rent and advances
Section 35-9-32 Continuation of lien and attachment to crop of succeeding year
Section 35-9-33 Assignment of claim for rent and advances
Section 35-9-34 When lien may be enforced by attachment
Section 35-9-35 Affidavit and bond
Section 35-9-36 Issuance and return of attachment; trial; property leviable
Section 35-9-37 Relation between party furnishing land and party furnishing labor
Section 35-9-38 Failure or refusal of tenant to plant crop
Section 35-9-39 Levy upon crop of subtenant
Section 35-9-40 Subrogation of subtenant to rights, liens and remedies of landlord
Section 35-9-41 Right of subtenant to require attachment against tenant in chief
Section 35-9-42 Applicability of division to tenant in chief and subtenant
Division 2 Liens for Rent of Buildings
Section 35-9-60 Lien declared
Section 35-9-61 When lien may be enforced by attachment
Section 35-9-62 Affidavit and bond
Section 35-9-63 Property leviable; priority of lien
Section 35-9-64 Law governing proceedings
Section 35-9-65 Lien, rights and remedies vested in assignee of claim for rent

Article 4 Use and Occupation
Section 35-9-100 When reasonable satisfaction may be recovered

SL:
It may be interesting to notice the term "Lien"
as venturing into them may assist us with
"other liens."

For ease of references the relevant parts are Posted, since they are outlined
and sorted in a relevant sequence.

However, we must check the latest update for all of the Provisions.

I believe that changes are minor; yet, accuracy demands reviewing them all.
Once you read the simple clauses, you would understand the procedure in general.

Then, it would be easier to jump to the Act 2006-316, §3.


Please be fair to your Tenant but, also, fair to yourself!

Only you know where the truth and facts are, as we are not there with you.

Whatever we all do, comes back to us.

Only being just and fair assures good Karma and further Evolution;
the rest would slam our butt on hard concrete of reality of life
sooner or later.

......................

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Section 35-9-5

Notice to terminate tenancy for term less than one year.
In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days' notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer.

(Code 1923, §8822; Acts 1932, Ex. Sess., No. 13, p. 14; Code 1940, T. 31, §5.)