What can I do if I am being wrongfully evicted because of my disabled daughter? 6 Answers as of February 26, 2014

I have a complex question about an unscrupulous eviction. I am being evicted and I ended up missing my hearing date and the judge of course, ruled against me. On the day of my hearing, I was the at Federal court clerk's office, having civil case moved to Federal Court. The reason I had it moved is because the owner asked me to move because he feels that my autistic daughter is too noisy. She is loud sometimes, however I need more time to move and he needs to answer to what he's doing. In addition, he sued me for unpaid rent. I have lived in his place for 3 years and have only been late 2 times and for only a few days. He outright lied. As for me moving my case to Federal Court, when I went to State Superior court to tell them that the case had been moved, I presented them with all my stamped documents from the Federal Court Clerk. However, they told me that the State Judge had already ruled on my case and that it was basically all over. Today I filed an appeal with the State Court. Is there anything I can do now to delay the Sheriff coming out? Does the fact that I had this cased moved to Federal Court on the same day that the State Judge ruled carry any merit? I appreciate your advice with my issue. Thank you.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
You are sophisticated enough to remove a case to Federal Court and litigate there and appeal in the state courts, I can not help you.
Answer Applies to: New York
Replied: 2/26/2014
MatthewR. Schutz, Esq | Matthew R. Schutz
You would need to file an order to show cause in state court to stay the eviction. At the time the OSC is heard, show the removal papers. The removal should divest the state court of jurisdiction. You really need to retain counsel on this one.
Answer Applies to: New Jersey
Replied: 2/25/2014
S. Joseph Schramm | Joseph Schramm
I assume that your attempt to remove the case to the federal system is based on an alleged violation of the Americans With Disabilities Act, a federal law which would confer jurisdiction on the federal courts and allow them to hear the matter. If your appeal was timely, then the case is still open. You should then be able to proceed with removing the case from the state court system to the federal system provided you do it before the new hearing date. You might also have to go through administrative review of your claim before a federal agency prior to going directly into federal court.
Answer Applies to: Pennsylvania
Replied: 2/25/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
The issue presented by your situation, boils down to whether the landlord has a duty to make reasonable accommodations to address the medical condition of your daughter that results in disruptive behavior affecting the rights of other tenants. It is not clear what type of reasonable accommodation would address this issue. At first glance, it would seem like the likely solution to the problem would be to just your daughters medications, which would not appear to relate to any reasonable accommodation to be made by the landlord. Moving an eviction action to federal court is one of the new tenant strategies to delay evictions. However, since that is the only purpose accomplished, it rarely results in a happy ending for the tenant. There is simply no legal basis to justify that action.
Answer Applies to: California
Replied: 2/25/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
There is no basis for Federal jurisdiction. You can ask the Superior Ct. to set aside the default and re-try the case.
Answer Applies to: California
Replied: 2/25/2014
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