Boston, MA asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York

Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which I want compensated and rent paid back for the warranty breach. I was also an ERAP applicant and my protections were ignored by the court as well and my case was not in the courts jurisdiction as the judge said herself but still while I was not able to defend my case at all she still signed a warrant of eviction when the arrears were incorrect. She granted me a order to show cause and the denied it in the next court date and it was served upon the attorney of aha, now I'm facing eviction in my new place and this is a result of AHA'S NEGLIGENCE, discrimination, retaliation because I voiced my concerns about my rights during their conversion.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant, fair housing, and disability rights, these are serious concerns that could strengthen your case.

The fact that you were an ERAP applicant and your protections were ignored by the court is another critical factor. Additionally, if the judge acknowledged the case was outside the court's jurisdiction and still proceeded with the eviction, this could indicate procedural errors. The improper handling of the order to show cause and the incorrect arrears could further support your claims.

Given the impact on your life, including homelessness and loss of belongings, it seems essential to seek legal advice. Consulting with a legal professional can help you understand your rights and options. Document all incidents and gather any evidence to support your claims, as this will be crucial in building your case.

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