Tenant Rights Violation Claims

I had a holdover case where I was the defendant. My landlord was suing me claiming a breached a substantial part of the contract. Claiming that I was using as residence a commercial space even though he gave me a residential lease. He claimed that I was in violation with the certificate of occupancy and introduced the document showing that. He omitted the fact that I was given a residential lease and that the space was setup as a residential apartment. I never knew it was a commercial space and I have been using as my residence for 15 years. He also omitted that he filed a lawsuit 7 years ago for nonpayment as a residential case that I conterclaim it was rent stabilized and he introduced and affidavit claiming that the apartment was deregulated due to luxury threshold. When I found out that the certificate of occupancy was for a commercial space they asked the court to dismiss and the court did, not allowing me to continue. Fast forward to this holdover case I conter claimed I was rent stabilized and that I was overcharged. He claimed that “it came to their attention” the certificate of occupancy was for commercial and that it wasn’t rent stabilized due to substantial rehabilitation and that when he claimed it was luxury threshold it was done by mistake. Resuming all. I won discovery with the intent to find that documents that they tried to legalize the apartment but it wasn’t possible. They never tried anything. Produced a lot of documents that are contradictory and a very high probability that some of the documents were forged. The judge wrote on her order that none of the documents that the landlord introduced were original and all were copies. Also I review all the documents and I noted that the minority the dates didn’t match, were notarized by his wife that is also his partner.( when I told my lawyer he said he didn’t know if it was illegal and that it was irrelevant for my case) Receipts were from his mother but using he name before marriage. I brought this to my lawyer attention and he said it was irrelevant for my case and instead o going to trial given that we had practically a easy win he asked to dismiss the case. He ignore the documents that were clearly manipulated, told me that I could not claim harassment on this case that I had to start a different case and he told me that because I wasn’t at risk of eviction he was going to drop my case. Saying that his practice don’t litigate on those issue which is a lie as he has * other cases were he is litigating harassment and rent overcharge and the website of his firm says that their mission is “Mobilization for Justice believes Housing Is a Human Right, and focuses its work to ensure that tenants maintain their housing, improve poor living conditions, and fight tenant harassment.” So I believe he was negligent. That he wasn’t defending my interests and that I was a victim of malpractice. So I want to know is my line of thought is correct

Here it is. Mobilization for Justice and I agree as folows: The nature of the legal services ot be provided si limited ot the mater(s) described above. This Retainer Agreement does not cover an appeal of this matter, and Mobilization for Justice does not agree ot appeal this matter if I lose my case or if I receive a favorable decision and another party appeals. The person who wil represent me from Mobilization for Justice may be an attorney, or a paralegal, social worker, alw graduate or law student working under the supervision of an attorney, consistent with the Rules of Professional Conduct. During the course of my case, the person representing me may change due ot staffing changes of at the discretion of Mobilization for Justice. There is no charge for representation by Mobilization for Justice, although sometimes there are court fees and other costs that Iwil pay unless acourt finds that Icannot afford ot pay. Mobilization for Justice may apply for attorney's fees and costs to be paid to Mobilization for Justice as part of settlement of my case or where allowable under law. I agree to consider ni god faith Mobilization for Justice's entitlement ot atomey's fes and costs, and Iagree notot waive these atorney's fees or costs without first discussing my reasons with Mobilization for Justice. The opposing party may insist on negotiating asingle lump sum settlement for my recovery and for any fees and costs Mobilization for Justice is eligible ot receive. nI that event, I agre that Mobilization for Justice shall be entitled ot receive from a lump sum settlement a negotiated amount of the attorney's fees it has incurred in representing me using its customary rates for attorney's fees reimbursement. In the event of a lump sum settlement, Mobilization for Justice shall be entitled to receive reimbursement for its costs from the lump sum. Monies paid by an opposing party to settle a sanctions motion are presumed to be attorney's fees payable ot Mobilization for Justice. I agree to make a full and honest disclosure to Mobilization for Justice of all facts relevant to my case, including new facts that may arise during the course of my case, and to provide correct and accurate information ot Mobilization for Justice and ot the court or administrative agency. I wil keep ni contact with Mobilization for Justice ot inform it of any change ni the circumstances of my case, including any change of address or telephone number. Iwill attend al appointments scheduled for me in court or at the office and wil be on time. I wil respond promptly to telephone calls and correspondence received from Mobilization for Justice. I understand that each of my responsibilities listed in this paragraph is essential to Mobilization for Justice's

yes. He started the overcharge claim. It was his idea. He asked for the judge to dismiss the case and let me continue on my claims. Then he called me and said he was dropping me. There wasn’t a harrassment claim because he said that it wasn’t allowed. That I needed a different case. Told me to speak to DHCR and HPD. I insisted countless times on the harassment and told him that didn’t make sense start a different case. But he kept saying it was irrelevant

He said that I we were disagreeing on how to proceed but the truth is that he always would get very aggressive if I didn’t want to accept a deal that I thought it wasn’t to my benefit. So I was agreeing with him but also I was questioning and requesting that he put our conversation and decisions in writing which he always refuses. But I recorded all the conversation as precaution. When the case was dismissed I was surprise because that was not what he told me. He told me that he was going to ask the judge to continue only on my claims. Not dismissing

The evidences was sent to him. I showed to him in several emails. But he kept saying it was irrelevant. Even the notary made by landlord wife. The recording with the conversations I had with him I did not. But I told him I recorded.

no

yes. The case was dismissed and here is the conclusion. CONCLUSION Accordingly, it is ORDERED that respondent's motion for summary judgment on the basis that he has not violated a substantial obligation of his tenancy is GRANTED, without prejudice to any remaining claims respondent may have; and it is further ORDERED that petitioner's motion for summary judgment is DENIED, without prejudice to exhausting its administrative remedies, or commencing an appropriate proceeding; and it is further ORDERED that respondent shall serve this amended decision and order upon petitioner and file proof of service on NYSCEF.

I don’t know if I have a claim. Is the notary issue something he should have known. Was he right that I could not claim harrassment on that case. And was the information I shared with him really irrelevant ?

there was a document from dob that it came as a file. Not as a copy and the number of the objection on that file was different on the header from the fitter.

it was the most important document. Objections for legalizing the apartment up to the code

the dob is on my landlord side. They ignore all my complains. I have been saving the webpage of the building profile on dob showing how the data is being manipulated. I have videos of all the construction. So I’m cautions to open the game to DOB as they are helping my landlord. I requested the microfilm with all the records from dob and it seeems that the building don’t have a certificate of occupancy

gathering evidences for now. I don’t want to lose my apt

i told you all I have. Now instead of questions give me answers

Should I try to contact his firm and try to speak with his superior?

bwfore even contacting them. Correct?

the only problem is that unfortunately I was diagnosed with cancer in Jan *. And since the. I am unable to work. I really need to know what are my option. Legal aid or something

my lawyer was already from a legal aid. But I wasn’t lucky I guess. I Another piece of information that I forgot jjto tell you is that the fjudge gave the landlord 45 days to complete discovery. It took them 2 years. And no sanction or anything was given to him. So I feel that it wasn’t fair also

do they fight against each other?

is there any specialized in legal malpractice in nyc?

is there any legal aid specialized in legal malpractice and negligence ?

they are the ones specialized?