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Can a disable rent stabilize tenant bring an American with…

Can a disable rent stabilize...
Can a disable rent stabilize tenant bring an American with Disibilty Act in Federal Court ?
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Answered in 12 minutes by:
2/27/2012
justiceb4all
justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12,554
Experience: Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
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Hi, and Welcome to JustAnswer. Thank you for your question.


My name isXXXXX am an Attorney and would be glad to help

 

 

If your claim under the Americans with Disabilities Act is that a defendant failed to provide accessibility to a building for individuals with disabilities, then you can bring your action in Federal Court because it involves a Federal Statute.

If your claim is based on a breach by a landlord of anything dealing with rent stabilization, defects in the rent stabilized building in which you rent an apartment, failure of the landlord to properly maintain your apartment in good order and repair, and similar situations, then you would not be able to bring your action in Federal Court because it is basically a claim arising out of the landlord's maintenance of the building, or the landlord's failure to properly maintain the building in which you rent an apartment, and the fact that you might have disabilities and be covered under the Americans with Disabilities Act for other purposes, would not qualify your case to be brought in Federal Court.


 

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Customer reply replied 6 years ago
I have not received your answer yet, how do you expect me to click accept?
I am reprinting the Answer which I posted on this page (above) in the "Answer" box:


If your claim under the Americans with Disabilities Act is that a defendant failed to provide accessibility to a building for individuals with disabilities, then you can bring your action in Federal Court because it involves a Federal Statute.

If your claim is based on a breach by a landlord of anything dealing with rent stabilization, defects in the rent stabilized building in which you rent an apartment, failure of the landlord to properly maintain your apartment in good order and repair, and similar situations, then you would not be able to bring your action in Federal Court because it is basically a claim arising out of the landlord's maintenance of the building, or the landlord's failure to properly maintain the building in which you rent an apartment, and the fact that you might have disabilities and be covered under the Americans with Disabilities Act for other purposes, would not qualify your case to be brought in Federal Court.

 

POSITIVE FEEDBACK and POSITIVE FEEDBACK are appreciated

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Customer reply replied 6 years ago
I agree with your answer & I will pressAccept Answer, I need one more additional information: I am denied accessibility to my apartment because I have been constructively evicted. Remember my hot & Cold water is turned off. My toilet and sink in the bathroom is removed, water in the kitchen sink is disconnected. So in essence, would this be barring me from access to my apartment as a disabled person? Please answer as quickly as possibleso I can push accept.
Customer reply replied 6 years ago
I agree with your answer & I will pressAccept Answer, I need one more additional information: I am denied accessibility to my apartment because I have been constructively evicted. Remember my hot & Cold water is turned off. My toilet and sink in the bathroom is removed, water in the kitchen sink is disconnected. So in essence, would this be barring me from access to my apartment as a disabled person? Please answer as quickly as possible so I can push accept.
Customer reply replied 6 years ago

I agree with your answer & I will pressAccept Answer, I need one more additional information: I am denied accessibility to my apartment because I have been constructively evicted. Remember my hot & Cold water is turned off. My toilet and sink in the bathroom is removed, water in the kitchen sink is disconnected. So in essence, would this be barring me from access to my apartment as a disabled person? Please answer as quickly as possible so I can push accept

WHY ARE YOU NOT RESPONDING FOR SO LONG . I AM SITTING HERE WAITING FOR YOUR RESPONSE SO THAT YOU CAN GET CREDIT.

There is no mention in your question about constructive eviction, removal of your bathroom fixtures, lack of water, disconnected kitchen sink or anything of that nature. This is an entirely different question you are asking. I believe that I have Answered your question completely and accurately. I see that you have six questions open and have not accepted an answer furnished by any expert. I am, therefore, going to respectfully XXXXX XXXXX of your question and open your question to other experts who migh be able to give you answers which you would accept.

I wish you the best of luck and thank you for allowing me the opportunity to assist you,
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Customer reply replied 6 years ago

You are the only person who responded to my question and undoubtedly should get credit for doing do. I was only asking with these elements of constructive eviction does that make this matter eligible for Federal Court under the Americans with disibilities Act? That is all, and if you need additional compensation let me know. I only resubmitted the question repeatedly because JohnQ Attorney did not respond, and went away from responding. But I am totally satisfied with your excellent deliverance, and compensating you is forthcoming. Don't you ever think of leaving me at this time and let some other expect handle what you have so wonderfully done!

I wish I could give you the answer you were hoping for and it would have given me great pleasure to do so, but I have an ethical obligation to give correct Answers, so please try not to hold the law applicable to your situation against me,

Even if you add the elements you stated, and constructive eviction (which it is !), the case still could not be brought in Federal Court because the issue still remains one of a dispute with the landlord. Possibly an easier way to make it a bit more clear, assume Mr. X had the same problems with his landlord and the only difference between the two of you was that Mr. X had no disabilities. He would not be able to bring his case in Federal Court because it is strictly a landlord-tenant/constructive eviction problem, which does not involve any Federal Statute such as the Americans with Disabilities Act.

Ann example where an individual could rightfully bring a lawsuit in Federal Court and which involves the Americans with Disabilities Act is where an office building was newly constructed, but did not provide a ramp for employees who had disabilities and who were confined to wheel chairs. Clearly, they would have difficulty using the steps to enter the building. These individuals could bring an action against the owners of the office building under the Americans with Disabilities Act.

I hope the example clarified the issue .


 

POSITIVE FEEDBACK and POSITIVE FEEDBACK are appreciated

justiceb4all
justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12,554
Experience: Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
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Customer reply replied 6 years ago
As my legal saga continues, my Landlord, who brought a non-primary residence petition against me, is actively seeking my eviction. There is no toilet, bathroom sink, hot or cold water. Despite these primitive conditions, I sought temporary lodging elsewhere until the landlord could restore the requisite services. I asserted as for my First Affirmative Defense: Constructive Eviction; Secondly, a Traverse hearing on Service; thirdly, the expiration of the tenant’s lease was changed; and Fourthly, there is an anachronistic entry of $ 196 offered on September 24, 2009 before a Housing Judge that is written on a LEASE Renewal Form dated, March 30, 2009. It would be impossible that this lease renewal form is valid, genuine, and further supports Tenant’s contention that the Lease deemed to be valid, is unequivocally false.



Therefore, the said petition must be dismissed in its entirety with prejudice. Secondly, the Court ought to impose a fine for bring such an outrageous action, and all rent paid to date during this improper removal of fixtures, ought to be returned to the Tenant.



In NYC, Andrea, there is the unwritten Law that is secretly practiced. When a tenant prevails, the attorney for the petitioner/landlord will approach a rogue NYS court Officer with a false complaint. The Officer will empty the Courtroom, several more court officer will enter soon thereafter, and the Tenant would face false criminal charges lodged against him, and placed under arrest. Close to 2-decades of my life I faced this Kafkaesque nightmare, responding to court dates on false criminal charges. Further, I had to sneak into Law Libraries to prepare my Pro Se briefs, before settling down at New York Law School Library. Mind you, Law abiding Citizens are barred from Law Libraries, but Criminals are given free reign to use their prison’s law libraries.



· Andrea, I’ve been back & forth from Dante’s Inferno fighting the corrupt NYS Office of Court Administration. I’ve personally took on the state Legislature & Governor Mario Cuomo and repealed Law 1984;Chapter 673. Prosecutors with the help of several state Legislators hatched a Constitutional scheme, where, when, Defendants were charged with a Class A Misdemeanor, the most jail time they could be subjected to was a day shy of 6-months. This way, they were deprived of a Jury Trial… as the US Supreme Court agreed… and prosecutors with the help of former prosecutors who went on to judgeships, would convict on flimsy evidence, if any. This did not sit right with me, so I elected to correct this abuse, and gathered the names of defendants, who were convicted at first, and later retried and acquitted. I went 1-step further, and sought federal Habeas Corpus Relief, under the guise I was subjected to a Kangaroo Court Trial, although not imprisoned at the time. Despite the Prosecutor citing Rose vs. Lundy, I knock her out of making her argument, by invoking the Doctrine of Pro Hace Vicie. Not admitted to the Federal Bar calls for one’s immediate dismissal upon appearance. Little did anyone know, I sought Federal relief, only,and, having exhausted all my state court remedies, and seeking criminal leave, and denied from the state Court of Appeals, the Federal Court was the only bastion left for seeking relief. I can’t tell you the infinite hours spent in the library, and the knowledge amassed. Eventually, I was discovered by an aide to the Librarian . My right arm was twisted behind my back, and I was ejected like an unwanted kitten who cried too much for his mother’s milk.

I often wonder if you would be the right person to have, while I prepare to start my Book. Let me know if you have any interest.

Good Evening and Welcome back to JustAnswer,

I am going to respectfully XXXXX XXXXX of your question and open it up to other experts. This is due to the fact that I spent quite a bit of time researching your questions, furnishing you with complete and accurate Answers to more than six different questions, yet you Accepted only one of my Answers, but you then requested and received a refund for the Answer you accepted, so I received neither credit, nor payment for all my time and effort in assisting you. As an Expert on JustAnswer, I do this for a living, it is not a hobby, and I furnish Answers to customers such as yourself, in good faith and with the hope that you will abive by the honor system. Under these circumstances, I respectfully XXXXX XXXXX out of your question and open it up to other experts who might be able to help you. Please do not reply to this post as it may delay any possible answer you may receive from another expert,

 

I wish you the best of luck in all your endeavors,

Ask Your Own Landlord-Tenant Question

As I stated in my previous Answer, you have not accepted any of my Answers and the only one which you did accept (the one above), you requested and received a refund.

Hence, I respectfully XXXXX XXXXX of your question, No need to reply to this post as it may delay any answer by another expert.

 

Kindest regards,

 

 

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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