Q: Received court date after paying past rent. Stolen money orders involved.
I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has acknowledged receiving. Despite this, I've been given a court date, even though the petition states the landlord must cancel proceedings if the past due rent is paid. The post office will not issue a refund for the stolen money orders, though they have provided documentation supporting the theft. What should I do next, and why was I still given a court date?
A:
Dear Brooklyn Tenant
You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed is paid. In NYC Housing Court there is no mechanism for the landlord to have the court clerk strike a case from the calendar before the first time you are scheduled to be in court.
Daniel Michael Luisi agrees with this answer
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