Can you help me find case info?

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nycrenter

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My landlord cited the following two cases regarding a noise complaint (unfounded) against us as potential grounds for eviction from our rent stabilized apartment. We are in the process of writing our rebuttal letter, but have not been able to find any information regarding these cases.

The first case was listed in the letter as follows:

City of New York v Rodriguez, NYLJ, Apr. 24, 1990 [App Term, 1st Dept]

After searching and searching, we found the following amended information:

April 26, 1990 U.S. v. RODRIGUEZ Appeal from the United States District Court for the Southern District of New York, District No. 89-cr-337. Affirmed 19900426


The second case was listed in the letter as follows:

Smith v. DHCR: 504 NYS2d 525 (1986) (App. Div. 2 Dept)

After searching and searching, we found nothing at all on the second case.

Any info provided on either of these cases would be greatly appreciated.

Thanks in advance!
 
What do these cases purport to state and why were they cited? I didn't find any reference to either in an old reference I have that is the "bible" of New York City rent stabilization issues. If you've got a rent stabilized apartment, you know the game - it's about finding the most ludicrous ways to get the tenants out and to accelerate the rent raising to de-stabilization levels.
 
Thanks for your response lawprof! They are meant to show cause for eviction due to a tenant making noise...and yes, that's pretty much how we feel - they are trying to "scare" us into leaving a rent stabilized apt as they have de-stabilized many already. We know that it would be impossible to evict us under the nuisance clause of the lease as the burden of proof is on them and even in severe cases (where people are intentionally trying to harm their neighbors - we're just vacuuming our carpets or watching TV), eviction is near impossible. We're just trying to avoid the expense of defending ourselves against a ludicrous court case which will get tossed out anyway.

Basic facts - the downstairs neighbor is a complainer, even though several people have told her we don't make any noise, have come into her home to "witness" the noise and have confirmed that it is the normal experiences of living in an apt. However, she continues to pursue the matter with management, in effect, using them to harass us (she has additionally lied to all of the neighbors, many of whom we've known for over 13 years, making defamatory comments about us, has repeatedly banged on the ceiling and attempted "stare downs" in the common areas).

She is dating a man in the building who, a few years ago, had a legitimate noise complaint, whom we helped to resolve his issue (his upstairs neighbor was cranking hip-hop so loudly that it was shaking the walls in our kitchen - from 8am until 12am, daily, despite numerous requests for some sort of break). She knows that the appropriate sound-proofing was never completed on our side of the building and that her boyfriend was able to get the repairs done to his apartment.

We'd like to think that she just wants the repairs done, but she's made it quite clear to all of the other neighbors and the management company that she simply wants us evicted. The only interaction we've ever had with her is when she came to our apartment once demanding complete silence between the hours of 4-7pm and when we told her that it would be impossible for us to do that, as that is what time we come home from work, she commenced her letter writing campaign and smear tactics throughout the building. We know that she included other neighbors names in her letters without their permission and they are willing to testify on our behalf.

She has never contacted us again concerning the matter. We have received no letters from her, nor have the police ever been called to address the matter (which would be laughable). We've lived here for over 13 years without complaint from a single neighbor (which has been explained to her many times by the super, the management and other tenants). Our apt is one of the few that complies with the 80% carpeting requirement and we're even in the process of buying thicker carpets (not bc of her, we just wanted nicer carpets).

When we spoke to management on the phone, they told us that if she continues to pursue this to the point of withholding rent, they intend to sue us for eviction.

Any advice on what we can do, as we are working on our rebuttal letter (where they cited the above cases) would be greatly appreciated, as we are at our wits end.

Thanks again for your help.
 
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