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Has anyone represented yourself in housing court in Brooklyn? How did it go? Do you think the court helped guide you through the situation? I ask because my landlord tried to evict me a few months back. I retained a lawyer and the case was “withdrawn with prejudice.” My landlord signed an agreement in court saying he would offer me a new, legal lease under the law. To make a long story short, I think my landlord will be taking me back to court but it is pretty clear to lawyers I have spoken with that he doesn't have a case. One lawyer told me that at this point, the case is fairly simple and that I could represent myself in court so that I do not have to keep paying a lawyer. I asked him if this was safe and he said to me that I am a pretty smart guy and would be okay representing myself in court at this point. But I really wanted to hear from some folks who have gone to housing court without a lawyer. How did it go? Were you able to tell the judge what happened and to show your documents (leases, letters, etc.)? In other words, did you feel that you were given a fair shake by the court? I just don't want to find myself in court being mistreated by my landlord or the judge because I am not a lawyer. I just don't want to lose because of some technicality. Thanks in advance for your comments.
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The best place for an answer to this question may be http://tenant.net/
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I would assume a reasonably sane person could do well representing themselves. BF (generously defined as semi-sane) has been to court twice on landlord tenant actions and has represented himself both times (won one; lost one). If you have all the necessary documentation it should be no problem.WHY am I always the meat in the middle of an imbecile sandwich?
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Thanks for both responses. Tenant.net is helpful. But I thought I may hear some good, first hand court experiences here. Thanks again.
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About 10 years ago, I used to regularly have to go to Housing Court with people who were being evicted b/c they didn't pay their rent, or were really bad tenants. That said, we usually lost. There is a strong correlation between not paying your rent and being evicted. I couldn't express it at the time, but I was often glad when my clients would get evicted. Given who I advocated for, I only beat the most disorganized of landlords ...like those who didn't show up). Once again, I digress. Returning to the topic... if you have a basic understanding of contract law, you will do fine. I'd like to think the fact that a lawyer turned down "easy money" to represent you speaks volumes about how easy your case may be...... In your case, the disorganized person may be the landlord, not you (the renter). Remember, the main way that disorganized ones win is when the opposing party does not show up. ...if you are still nervous, there are a lot of non-profits out there who may be able to help you regardless of you income. Brooklyn Bureau of Community Service can likely steer you in the right direction, if they can't actually provide you with a advocate.For better or worse, the change on Nostrand is going to make the change on Franklin look minor.
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whynot, Thank you. My landlord is disorganized. He knows how to send eviction notices so you have almost no time to prepare for court, but then he shows up with no case, a pay by the hour lawyer, and wants me to explain to him why he lost. I am not going to pay my landlord what feels like shake down money to make him go away. The sick part is, taking a lawyer to court with me for round 2 with my landlord would cost me more than just paying my landlord what he wants. This is why I am thinking of representing myself. Thanks again.
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I just want to add, I pay my rent, am a good tenant, and only want a legal lease. I am finding out that it may be cheaper for my landlord to take me to court and have a judge tell him how to write a lease then for him to hire a lawyer to write him a legal lease. I would hope that the courts would not look favorably on such matters.
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^^^ bring lots of reading material. Try not to act annoyed in front of the judge. Be as dispassionate (aka factual) as possible. Focus on Contract law, not emotions. ....housing court judges are not running a charity in which they help the person they feel the most sympathy for. They are applying the law.For better or worse, the change on Nostrand is going to make the change on Franklin look minor.
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whynot, Sound advice, thank you. I don't know much about contract law. I was thinking I could focus on the agreement my landlord signed but has not honored. I will try and stay factual. That is hard. He has taken my to court three times, lost all three times. Now we are looking at the 4th. It gets tiring.
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Have you visited the Housing Court Answers table on the 2nd floor of Brooklyn Housing Court? They can provide you with some assistance and help you get organized before you go before the judge (or the judge's court attorney). http://housingcourtanswers.org/contact-us (I've spent a lot of time in Brooklyn Housing Court the past two years as a law student intern with a free legal services organization. Most of the landlord's attorneys are baaaaaaad lawyers but they win because they pressure tenants who are 100% overwhelmed by the chaos in the court house to sign stipulations of settlement to fork over large sums of money that they just don't have. Don't agree to sign anything without having the judge explain it to you. Don't be afraid to ask questions. Some judges will take the time to answer your questions. Some of them won't. (Justice!) So, be sure to visit that Housing Court Answers table or give them a call as soon as you know you're going back to court.)
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debya, Thank you so much. I will call them today.
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The Housing Court Answers table was pretty helpful yesterday. Thanks for letting me know about it. They answered the question I needed. The whole system of getting in and out of housing court was fairly easy and organized. But I have one major gripe. It was REALLY hard to hear the court employees behind the glass. I spoke with two employees and I kept politely saying I couldn't hear them. One nice employee apologized for the microphones being broken. While the process was efficient, it seemed rather nuts to me that it was so hard to hear them. Considering that I was giving an oral response to an eviction notice, it would have been nice if I could have fully heard the court employees.
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