StuyTown Peter Cooper Tenants Advocate

StuyTown Peter Cooper Tenants Advocate It all started with 4 inch hollow core cinder block.

People who understand acoustics, civil engineering, fire codes and laws pertaining to basic living standards; advocating for adherence in laws and habitable housing in StuyTown Peter Cooper NYC.

09/15/2023

1) If anyone is interested in seeing the actual documents, regarding Stuyvesant Town Peter Cooper Village vs. BPP ST OWNER LLC & BPP PCV OWNER LLC. 2020 - 2023 rent stabilization case; see the link below.

2) For clarity, document #1; is the Summons and Complaint filed by the TA.

3) Each document was exchanged between the parties; and led to the Judge's ruling.

4) And the last document is #126, which is a letter to the Judge from Blackstone; expressing objection to the ruling.

5) The choice to share the link is to allow the Tenants to "SEE" the words of the Blackstone attorneys.

6) An informed Tenant; is an empowered Tenant.

https://iapps.courts.state.ny.us/iscroll/SQLData.jsp?IndexNo=152397-2020

"P.S."

7) Please remember to visit the previous post on Maximum Base Rent Decreases; which everyone is ENTITLED. Remember this has flown under the radar (the conditions in the buildings); in plain sight for 76+ years.

8) And please see previous Posts A - R; which is listed before the animation. (Probably have to scroll down 20 - 25 posts. The letters are listed on the top left; so it's simple to locate)

This post is to expand on the “maximum base rent” decreases. (Decrease in services). It’s well known that wall and floor...
09/09/2023

This post is to expand on the “maximum base rent” decreases. (Decrease in services). It’s well known that wall and floor assemblies provide a service. The assemblies provide protection from the elements, create “discrete” apartments, privacy, and offer protection from acts of fire, etc. Most of the Tenants have “experienced” the walls as “thin”, etc.

1. N.Y. Comp. Codes R. Regs. title 9 § 2202.17 – “The administrator may order a decrease of the maximum rent otherwise allowable.” p. 2

2. N.Y. Comp. Codes R. Regs. title 9 § 2202.16 – “The maximum for the housing accommodation shall be decreased by the amount which the administrator finds to be the reduction in the rental value of the housing accommodation. pp. 3 – 9

3. DHCR Form RA 81 - Application “Rent Reductions Based on Building Wide Decrease(s)” pp. 10 – 11

4. DHCR Form RA 94 MBR – Application “Challenge re: Maximum Base Rent Order” pp. 12 – 13

5. DHCR Fact Sheet No. 14 – “DHCR Rent For Decreased Services” pp. 14-17

6. The CITY RECORD (September 12, 1947) – This will confirm the “TRUE” value of the ST apartments; $14 per room. (No rent increase is valid) pp. 18 – 19

7. LANDLORD/TENANT FACT SHEET (CIV-LT-91) #10 Warranty of Habitability. pp. 20 – 24

The lease examples below ( #8 & #9) are included in this post; because it’s the contract between the landlord and occupants. Also a lease is prima facie evidence of the duty and obligation of a landlord to the Tenant(s). The Original lease and Renewal lease are “slightly” different. The original lease expands on “Warranty of Habitability” (p. 26) and Landlords adherence to government rules and regulations (Codes & Laws on p. 27)

8. Example of an Original Rent Stabilized Lease pp. 25-32

9. Example of a for Rent Stabilized Renewal Lease pp. 33-44

10. J-51 Application packet (This is the tax abatement forms for landlords). pp. 45 – 71

** Please See Form J-3 (formerly TA-3) “Certificate of Compliance with D.O.B. Regulations” p. 54 (FACT: the tax abatement was received based on non-compliance)

**The TA has the power to request an audit of the rent rolls (Form J – 7B); to confirm dates of vacancies (p. 61). Better yet there should be an audit of apartment vacancies; since 1947. This will illuminate the number of apartments; illegally destabilized.

1) The is a reply to people who are interested in my 1½ year process of “learning” how to build a lawsuit; from Petition...
08/24/2023

1) The is a reply to people who are interested in my 1½ year process of “learning” how to build a lawsuit; from Petition to Trail.

2) This is not legal advice; but
a) my answers to a “case-building” worksheet on pp. 11 – 17.

Included are:
b) NYC Discovery pp. 18 – 19;

c) “Interrogatories Sample Sheet” on pp. 20 – 26;

d) NY Motions Practice pp. 27 – 42;

e) 6/23/2014 Article on Evidentiary Issues in Housing Court from a Columbia University Law Professor and Housing Court Judge;

f) Metropolitan Council on Rent Abatements based on Multiple Dwelling Law §302-A.(p. 56)

3) According to a law clerk in HP court; many Tenants bring HP cases to Housing Court. He never heard of anything regarding the construction.

4) It’s unfortunate that people aren’t aware of all these cases, and those petitions.

5) Facts about those petitions, along with NYC Administrative Codes shared between Tenants, and trial experiences; could prevent mistakes and save time.

6) My past experience has been seeking attorneys about neighboring “noise” and “odor”; may result in “duplicity.”

7) Unless an attorney understands acoustic engineering and construction, the concept seems “abstract”; hence people “make-up” how to handle the issues.

8) Hence, now, seeking an attorney with construction defects, codes, and prima facie evidence, results in thought provoking assessment of the issues.

9) As difficult the learning curve; it was worth it.

10) I thought this would be the end of the journey; but clearly, it’s the beginning.

1. Here are a few cases; which support the previous posts, my "Responses To How To Build A Case."2. Meyer v Woodward-Bro...
08/24/2023

1. Here are a few cases; which support the previous posts, my "Responses To How To Build A Case."

2. Meyer v Woodward-Brown Realty Co. - N.Y. 1924 (1 ½” wall not fireproof)

3. Darr v Cohen – N.Y. 1916 (Noise Nuisance due to Non-Fireproof Walls)

4. Sunlake Apartment Residents v Tonti Development Corporation…- L.A. 1992 (No Fire-Stopping, and Poorly Trained Inspectors)

5. F & M Realty Co v Hortense W. Gabel [Rent & Rehabilitation Administrator] (Maximum Base Rent Decrease) – N.Y. 1963

6. 24 Fifth Avenue Associates v DHPD – N.Y. 1984 (Rent Rollback)

1. Here’s the second of the two electronically filed HP cases I studied; 74 Post Ave. Because of the similarities in the...
08/23/2023

1. Here’s the second of the two electronically filed HP cases I studied; 74 Post Ave. Because of the similarities in the petitions; a pattern was revealed. And I decided to follow the format.

1. Here’s the first of the two electronically filed HP cases I studied; 1210 Clay Ave. Because of the similarities in th...
08/23/2023

1. Here’s the first of the two electronically filed HP cases I studied; 1210 Clay Ave. Because of the similarities in the petitions; a pattern was revealed. And I decided to follow the format.

2. In the previous post; a few N.Y.C. Administrative Codes, which are in the petition.

1) In this post are a few of the administrative codes; which are stated in the electronically filed petitions from "lega...
08/23/2023

1) In this post are a few of the administrative codes; which are stated in the electronically filed petitions from "legal services".

2) The pages were downloaded; to add page numbers for easy navigation.

3) The N.Y.C. Administrative Codes are the laws; Judges enforce.

4) Titles 26 - 29; pertain to buildings.

Here are 5 lines to expand on the process of obtaining the services from an attorney. The rest of the information is on ...
08/18/2023

Here are 5 lines to expand on the process of obtaining the services from an attorney. The rest of the information is on 2 pages for easier reading.

1) At this moment I am actively seeking an attorney.

2) I feel prepared having gone through 1 1/2 year of the legal system, and having all the evidence the Judge said was required, for summary judgement to be ruled in my favor. (That’s the reason for the information from National Fire Protection Agency (NFPA), for a definition of fire and National Institute of Standards and Technology (NIST), regarding fibrous insulation.)

3) Speaking with one landlord tenant attorney today; for the first time in 3 years, was positive and transparent. The consultation was free; rather than a $350 consultation fee, on top of $400 an hour.

4) This attorney admitted, he only handles typical HP cases; like rodents and mold. And said “Housing Court HP (repair) cases;” are about the "typical" repair issues.

5) He spoke about a mean Judge who just retired; and tried to encourage me to go back to HP court. (For some reason at the time, I couldn't remember the names of the Judges who dealt with my case.)

08/15/2023

Hi Everyone! Here's an update! A quick 15 lines.

RECAP:

1) On 4/19/2023 after the HP trial; the Judge said she was going to rule Summary Judgment in favor of the Respondents.

2) The Respondent's attorney, said he was going to file a motion to dismiss the case with prejudice; so I could never bring the case to court again.

3) I responded, I will appeal the Judges decision.

UPDATE:

4) Well... The Judge changed her mind. She decided to "dismiss the case without prejudice" rather than issue"summary Judgment".

5) My sentiment is the Judge knew my evidence was UNDENIABLE (historical evidence); and I would've won an appeal.

6) I felt the Judge was intimidated by the information; that's the reason she wanted me to settle for a "Dismissal Without Prejudice"; at the start of the trial. It was my choice to go forward.

7) Also with a Summary Judgment in favor of the Respondent; the Judge would have to give a proper explanation as to her ruling. And I knew she couldn't.

8) In hindsight; I would've done everything different, so the Judge could grasp construction and the building codes.

9) That's the Beauty of having real life experience; awareness of mistakes. I now have an idea of who the audience (a Judge) is; and the questions they want answered.

10) By dismissing the case without prejudice, I cannot appeal; only re-file the case.

11) Hopefully, with an attorney, the 3rd time at a trial should be a charm. Of course the "wording" on the petition will have to be different. And visual aids will help. Possibly even a change in venue.

12) It's funny. All this time I've been waiting for a letter in the mail regarding the Summary Judgment.

13) Thank Goodness I decided to call Housing Court and was transferred to Archives, to get an update.

14) Personally I had to "SEE" how Court works. And "SEE" a Judges playbook in real time. Attorneys know how to respond to "Plays". Pro Se tenants don't.

15) Please watch the videos and read the posts below, at your convenience. An Educated Tenant is an Empowered Tenant.

This is a Guidepost to help navigate all the posts. Videos ("Vd") are numbered 3 - 13. The original videos, Vd #1 (Par...
08/14/2023

This is a Guidepost to help navigate all the posts. Videos ("Vd") are numbered 3 - 13.

The original videos, Vd #1 (Parts 1 - 3: Current Construction) and Vd #2 (Parts 1 - 6: 8" Interior Partition), don't have the numbers on the top left of posts.

The videos were in response to feedback. Since a picture is worth a "thousand words"; the videos are visual guides to illuminate the posts.

2 posts before the very first video (Part 1 of Current Construction), are Posts A - R.

08/14/2023

Vd #13
(Please remember to press the "space" bar or "pause" to read texts.

This video gives a visual of heat transfer: convection, conduction, radiation. And how it affects masonry. See "Post E".

08/14/2023

Vd #12

This video shows the efficacy of soundproof windows. The landlord
is responsible for sounds; passing through the windows. There are several companies; which make window inlays.

The person in the video may have purchased the Apt. I've lived in rentals with those windows.

Many Tenants mistakenly hold people outside their apartments responsible for noise nuisances.

https://www.youtube.com/watch?v=c1sfG1jjI2g

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