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woozle wuzzle
Mar 10, 2012
Legal information in trade for pics!

Revised Code of Washington 9.66.010 posted:

Public nuisance.

A public nuisance is a crime against the order and economy of the state. ... Every act ... which ...:

(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or,

(2) Shall offend public decency;
...
Shall be a public nuisance.

Revised Code of Washington 9.92.030 posted:

Punishment of misdemeanor when not fixed by statute.

Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine.

It's pretty clearly illegal, whether pasties or not. (I'm not making a social argument or judgment, just saying that it would definitely be treated as illegal). It's a misdemeanor that would net you a ticket. Highly unlikely, but possible, to result in jailtime. You would probably have to appear in court. If you were arrested but not charged, it would increase your chances of getting charged exponentially if arrested again.

If you're on private property and not seen, then you have no criminal problems. But if you're in a public space, it's highly likely for you to get arrested. Multiple arrests would very likely result in jailtime. Sorry, I don't make da rules :P

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betaraywil
Dec 30, 2006

Gather the wind
Though the wind won't help you fly at all

But my understanding (as a non-attorney) is that "women can't be topless" laws are problematic in certain political climates and if you're keen to start agitating, civil disobedience might get everything overturned.

Here's a (terribly laid out) website on the subject:
http://www.gotopless.org/news.php?item.3.1

woozle wuzzle
Mar 10, 2012
Yeah, there's a protest movement but it's in the early stages. Washington's law is broad enough so that it doesn't have to be socially indecent. Civil disobedience would likely come at the cost of multiple arrests and a criminal record. I'm not saying it's fair or anything, but that's often the price to pay for pushing the envelope. The poster needs to decide whether she's all-in for boob freedom. Relaxing jogs in the public park while topless aren't going to happen, unfortunately.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
Non-sexualized nudity is a thing in Seattle.

But it depends on the forbearance of the authorities. So far they have done so, but there's no guarantee they will tomorrow.
So, technically an arrestable offense, but it is not enforced.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

Non-sexualized nudity is a thing in Seattle.

But it depends on the forbearance of the authorities. So far they have done so, but there's no guarantee they will tomorrow.
So, technically an arrestable offense, but it is not enforced.

As a male and a cyclist, bicycling without shorts sounds terribly uncomfortable.

Minnesota Nice.
Sep 1, 2008
And miles to go before I sleep.
And miles to go before I sleep.
My friend's wife was playing in a coed softball game. A guy crashed into her and broke her leg in three places. After insurance covers everything, her medical bills will be around $2K, plus she will be out of work for at least the next month...and extensive physical therapy through at least the end of the year. It was an accident, but it's still two grand. Would it be out of line for her to ask the guy to pay the bill? Would she have a legal leg to stand on (haha) in court?

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Skywriter posted:

My friend's wife was playing in a coed softball game. A guy crashed into her and broke her leg. After insurance covers everything, her medical bills will be around $2K. It was an accident, but it's still two grand. Would it be out of line for her to ask the guy to pay the bill? Would she have a legal leg to stand on (haha) in court?

In general, when you play a sport you accept the risk of injury. Unless he was doing something completely outside the rules of the game he isn't liable for the injury. If this was an organized league, she probably signed a release to the effect, but even without one it's clear she knew the risks of playing.

Arcturas
Mar 30, 2011

Konstantin posted:

In general, when you play a sport you accept the risk of injury. Unless he was doing something completely outside the rules of the game he isn't liable for the injury. If this was an organized league, she probably signed a release to the effect, but even without one it's clear she knew the risks of playing.

Would there be any downside to asking him nicely to help cover the cost? Even if she doesn't have a legal right, she might be able to guilt him into covering at least a small part of the fees, particularly if he was doing something either against the rules or in a grey area.

entris
Oct 22, 2008

by Y Kant Ozma Post

Arcturas posted:

Would there be any downside to asking him nicely to help cover the cost? Even if she doesn't have a legal right, she might be able to guilt him into covering at least a small part of the fees, particularly if he was doing something either against the rules or in a grey area.

I don't think there'd by a downside except for maybe a social issue if he gets offended - but then, he broke her leg so...

Personally, I'd ask but I wouldn't expect to get anything.

goku chewbacca
Dec 14, 2002
I'd ask him if he has any personal liability insurance to help pay for the bills and wage loss. I think most renter's and homeowner's have sizable personal liability cover.

Schitzo
Mar 20, 2006

I can't hear it when you talk about John Druce
One other thought, if the softball game was through a league of some sort, or using a municipal field, they may have already taken out an insurance policy.

veni veni veni
Jun 5, 2005


Arcturas posted:

Would there be any downside to asking him nicely to help cover the cost? Even if she doesn't have a legal right, she might be able to guilt him into covering at least a small part of the fees, particularly if he was doing something either against the rules or in a grey area.

From a non legal point of view, it doesn't seem like a can of worms worth opening.

big shtick energy
May 27, 2004


Konstantin posted:

In general, when you play a sport you accept the risk of injury. Unless he was doing something completely outside the rules of the game he isn't liable for the injury. If this was an organized league, she probably signed a release to the effect, but even without one it's clear she knew the risks of playing.

Couldn't there still be some possible negligence? If this guy is crashing around hard enough to break legs in a co-ed beer league, it certainly seems possible that he breached the standard of care he owed her. Not a lawyer though so I may have it all wrong.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

DuckConference posted:

Couldn't there still be some possible negligence? If this guy is crashing around hard enough to break legs in a co-ed beer league, it certainly seems possible that he breached the standard of care he owed her. Not a lawyer though so I may have it all wrong.

I think you'd have to prove that he wasn't playing within the established rules of the game that all parties agreed to by participating in the league. For instance, if you are playing in a flag football league and someone tackles you and causes you injury, you might have a case there. But if the manner in which he crashed into the other person wasn't breaking any rules of the game, I think it would be a harder case.

Like, was she playing catcher and he plowed over her at home base? Or was she going for an infield fly ball and ran into the base line as he was running to second and they collided? Maybe she played some part in the collison. Or maybe the collision was just a part of playing the sport. Skywriter didn't give enough details to know, but I don't think that just because she was injured and he wasn't is enough to determine that he was negligent.

Victory Yodel
Jan 28, 2005

When in Jerusalem, I highly suggest you visit the sexeteria.
I have a situation and was looking for some thoughts. I am in Georgia.

In January I took my car to a local place for an oil change. They did the usual investigation and informed me that the rear differential was leaking, among other issues. I had them fix it (about $400).

Fast forward to last week. I hear a grinding noise coming from the rear of the car. Take it back to the same place to have it checked out. They tell me that the differential is leaking again but they can't fix it because they don't have the appropriate tools. I end up taking it to the dealership in town, only to find that rear differential had to be replaced to the tune of $2800. The technician said he had never seen anything like it (damage wise) in 15 years and that I was lucky not to have had a catastrophic failure.

I asked him what could have caused it and he boiled it down to either 1) bad luck, 2) constant leakage, or 3) improperly performed service (which is very common in my car). He stopped short of saying the servicing I had done was responsible although he implied it. Today I sent a certified letter to the place I had the service done very politely explaining the situation and asking the store manager to reach out to me. My hope is that I can get them to pay for at least some of it.

My question is, if they outright refuse to work with me, would it be worth it to take them to small claims court? I don't want to waste my time tilting at windmills if I have no chance to win. I would likely sue them for the cost of replacing the differential and the filing fee. Thanks!

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

DuckConference posted:

Couldn't there still be some possible negligence? If this guy is crashing around hard enough to break legs in a co-ed beer league, it certainly seems possible that he breached the standard of care he owed her. Not a lawyer though so I may have it all wrong.

No. Unless he did something outside of the assumed risk of the sport (fist fight, hit her with the bat), she assumed the risk.

entris
Oct 22, 2008

by Y Kant Ozma Post

Victory Yodel posted:

I have a situation and was looking for some thoughts. I am in Georgia.

In January I took my car to a local place for an oil change. They did the usual investigation and informed me that the rear differential was leaking, among other issues. I had them fix it (about $400).

Fast forward to last week. I hear a grinding noise coming from the rear of the car. Take it back to the same place to have it checked out. They tell me that the differential is leaking again but they can't fix it because they don't have the appropriate tools. I end up taking it to the dealership in town, only to find that rear differential had to be replaced to the tune of $2800. The technician said he had never seen anything like it (damage wise) in 15 years and that I was lucky not to have had a catastrophic failure.

I asked him what could have caused it and he boiled it down to either 1) bad luck, 2) constant leakage, or 3) improperly performed service (which is very common in my car). He stopped short of saying the servicing I had done was responsible although he implied it. Today I sent a certified letter to the place I had the service done very politely explaining the situation and asking the store manager to reach out to me. My hope is that I can get them to pay for at least some of it.

My question is, if they outright refuse to work with me, would it be worth it to take them to small claims court? I don't want to waste my time tilting at windmills if I have no chance to win. I would likely sue them for the cost of replacing the differential and the filing fee. Thanks!

You would need proof that their bad service caused the issue. Do you have such proof? Just the statement of the guy at the dealership isn't enough, you need a mechanic to stand in front of the judge and say "this problem could only be caused by bad service."

randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

First off, Texas, and a quick search suggests this is a Texas-only issue. That said..

My grandmother passed away early this month. Her only assets were quite literally the things in her room at an assisted care facility and a piece of furniture in storage (not worth a whole lot). Basically her clothes, her wheelchair, some photos, and the single piece of furniture. So I'm told anyway, I have no reason to think otherwise.

I googled her name today and found out that a "Muniment of Title" was filed with the county probate court by mom. She said it's to make a court record stating there's no assets, but google seems to suggest it's a way to transfer ownership of real estate without going through full probate. Asking her about it was met with... not a very positive response (I only asked what the filing meant). Mom has 2 siblings, if it matters.

So what's a "Muniment of Title"? Specifically, the public record states "<my mother's name>, Applicant, filed in the Probate Court No. # of <county name> County, on <date> an Application for the Probate of the Last Will and Testament of said <grandma's name>, Deceased, as a Muniment of Title (the said Will accompanying said application)."

I don't care to stir up any trouble in the family (there's plenty already without me saying a word), I'm just curious what's going on.

randomidiot fucked around with this message at 05:21 on Apr 26, 2012

Schitzo
Mar 20, 2006

I can't hear it when you talk about John Druce

some texas redneck posted:

First off, Texas, and a quick search suggests this is a Texas-only issue. That said..

My grandmother passed away early this month. Her only assets were quite literally the things in her room at an assisted care facility and a piece of furniture in storage (not worth a whole lot). Basically her clothes, her wheelchair, some photos, and the single piece of furniture. So I'm told anyway, I have no reason to think otherwise.

I googled her name today and found out that a "Muniment of Title" was filed with the county probate court by mom. She said it's to make a court record stating there's no assets, but google seems to suggest it's a way to transfer ownership of real estate without going through full probate. Asking her about it was met with... not a very positive response (I only asked what the filing meant). Mom has 2 siblings, if it matters.

So what's a "Muniment of Title"? Specifically, the public record states "<my mother's name>, Applicant, filed in the Probate Court No. # of <county name> County, on <date> an Application for the Probate of the Last Will and Testament of said <grandma's name>, Deceased, as a Muniment of Title (the said Will accompanying said application)."

I don't care to stir up any trouble in the family (there's plenty already without me saying a word), I'm just curious what's going on.

From my extremely brief research, my understanding is that it's basically a judicial declaration of title to property, and shortcuts the probate process. If grandma left everything to mom, this would tell the world that mom is entitled to the property.

If you're worried, the court will almost certainly provide the Will and the application by your mom (with fees to photocopy, probably.)

Not your lawyer, not legal advice, ramblings in my personal capacity only.

randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

Schitzo posted:

If grandma left everything to mom, this would tell the world that mom is entitled to the property.

I know for sure that she did not do this - the will essentially stated to divide everything up among the remaining kids (the 3 siblngs). Unfortunately, I'm about 40 miles from that courthouse and reside in a different county, with no vehicle, so copies won't be easy. And I assume my copy request would be public record, adding to the already... interesting... family stuff.

The upcoming drama may wind up as an E/N thread :haw: - there was a horrible amount of fighting when my grandfather passed in the 90s, bad enough that nobody (siblings) talked to each other for about 10 years - one still only talks to the others only when absolutely necessary.

At least that explains why mom flips out whenever I wind up talking to some long-lost relative on Facebook ("THEY'RE TRYING TO STEAL OUR MONEY!!!" usually followed with something about dirty liberals and how I shouldn't trust anybody in the family and the liberals will corrupt me and well that's an E/N thread there so I'll stop).

Certainly explains a few things that I already suspected.

entris
Oct 22, 2008

by Y Kant Ozma Post

some texas redneck posted:

First off, Texas, and a quick search suggests this is a Texas-only issue. That said..

My grandmother passed away early this month. Her only assets were quite literally the things in her room at an assisted care facility and a piece of furniture in storage (not worth a whole lot). Basically her clothes, her wheelchair, some photos, and the single piece of furniture. So I'm told anyway, I have no reason to think otherwise.

I googled her name today and found out that a "Muniment of Title" was filed with the county probate court by mom. She said it's to make a court record stating there's no assets, but google seems to suggest it's a way to transfer ownership of real estate without going through full probate. Asking her about it was met with... not a very positive response (I only asked what the filing meant). Mom has 2 siblings, if it matters.

So what's a "Muniment of Title"? Specifically, the public record states "<my mother's name>, Applicant, filed in the Probate Court No. # of <county name> County, on <date> an Application for the Probate of the Last Will and Testament of said <grandma's name>, Deceased, as a Muniment of Title (the said Will accompanying said application)."

I don't care to stir up any trouble in the family (there's plenty already without me saying a word), I'm just curious what's going on.

Like Schitzo said, this is a procedure that tells the world that it's ok to give your grandmother's stuff to your mom. This is probably a procedure most used when there is real estate, because I'll bet that either the storage facility or the nursing home has a policy that requires something like this before they will release your grandmother's stuff to your mom.

The applicable texas code provision is (I think) Tex. Prob. Code Section 89C:

quote:

(a) In each instance where the court is satisfied that a will should be admitted to probate, and where the court is further satisfied that there are no unpaid debts owing by the estate of the testator, excluding debts secured by liens on real estate, or for other reason finds that there is no necessity for administration upon such estate, the court may admit such will to probate as a muniment of title.

(b) If a person who is entitled to property under the provisions of the will cannot be ascertained solely by reference to the will or if a question of construction of the will exists, on proper application and notice as provided by Chapter 37, Civil Practice and Remedies Code, the court may hear evidence and include in the order probating the will as a muniment of title a declaratory judgment construing the will or determining those persons who are entitled to receive property under the will and the persons' shares or interests in the estate. The judgment is conclusive in any suit between any person omitted from the judgment and a bona fide purchaser for value who has purchased real or personal property after entry of the judgment without actual notice of the claim of the omitted person to an interest in the estate. Any person who has delivered property of the decedent to a person declared to be entitled to the property under the judgment or has engaged in any other transaction with the person in good faith after entry of the judgment is not liable to any person for actions taken in reliance on the judgment.

(c) The order admitting a will to probate as a muniment of title shall constitute sufficient legal authority to all persons owing any money to the estate of the decedent, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate, and to persons purchasing from or otherwise dealing with the estate, for payment or transfer, without liability, to the persons described in such will as entitled to receive the particular asset without administration. The person or persons entitled to property under the provisions of such wills shall be entitled to deal with and treat the properties to which they are so entitled in the same manner as if the record of title thereof were vested in their names.

(d) Unless waived by the court, before the 181st day, or such later day as may be extended by the court, after the date a will is admitted to probate as a muniment of title, the applicant for probate of the will shall file with the clerk of the court a sworn affidavit stating specifically the terms of the will that have been fulfilled and the terms of the will that have been unfulfilled. Failure of the applicant for probate of the will to file such affidavit shall not otherwise affect title to property passing under the terms of the will.

ChairmanMeow
Mar 1, 2008

Fire up the grill everyone eats tonight!
Lipstick Apathy
Some one opened a cable account using my info in California. I'm in Pa. I filed a police report, and faxed it to the company as soon as I got a phone call about a late bill. They have since sent the account to collections. I'm disputing it, but it's not going well and I'm becoming more and more frustrated. I have the address in California of the people who did it and they must know who opened the account. Can I ask that they do something criminally or anything to the person who opened the account at ATT for not caring if it was me? The police give no fucks about who is living at that address. I know in the scheme of things this is petty but it is taking up so much time and so many trips to fax and I'm in the middle of trying to refinance my house.

Lord Gaga
May 9, 2010
TL,DR Question: Can a clear, good faith effort to comply with a law matter in traffic court?

Background if needed:
I got an exhaust ticket 6 months ago, I was using one straight through resonator at the time and the car was VERY loud.

I had a muffler shop weld on two additional mufflers with the exhaust tip being a very plain, low profile looking one of these. http://www.summitracing.com/parts/SUM-630810 Went to court and it was dismissed as the officer failed to appear.

It is much much much quieter and I get compliments on the sound and toned down level of sound frequently. I cannot have known the exact amount of noise reduction upon completing the repair and it was a bona fide effort to comply with the law. I have no way of knowing what the OEM exhaust volume was because I have never ever seen the model of car I have with factory exhaust because it causes premature failure of the turbocharger and is often replaced with aftermarket components from the dealer.

An officer mentioned it after being pulled over on 4/20 for a tag light out though said he'd never write a ticket for it. If another officer DOES write a ticket for it will my clear attempt to comply with the law matter in court?

Florida law states:
(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.--

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

Ghumbs
Jan 1, 2006

My wife and I are looking to move into a house for rent and I'm curious about one thing on the lease:

TENANT shall not assign this agreement, sublet the premises, give accommodation to any roomers or lodgers, or permit the use of the premises for any purposes other than as a private dwelling solely for TENANT(S). This rental agreement is being agreed to for the occupancy of the following: 2 Adults NO Children.

Am I understanding correctly that if my wife and I have a baby while living there, we're breaking the lease? Should I be concerned at all about this or have the language changed?

For reference, we live in Seattle, WA.

entris
Oct 22, 2008

by Y Kant Ozma Post
Pretty sure that federal laws regarding fair housing do not permit landlords to discriminate against families. edit: here we go:

42 U.S. Code Section 3604:

quote:

it shall be unlawful--

(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.


edit2: and this is the terrible website for the WA state agency that you would go to, if your landlord tries to evict you for having a child:

http://www.hum.wa.gov/FairHousing/Index.html

entris fucked around with this message at 22:00 on Apr 27, 2012

Thermopyle
Jul 1, 2003

...the stupid are cocksure while the intelligent are full of doubt. —Bertrand Russell

Ghumbs posted:

My wife and I are looking to move into a house for rent and I'm curious about one thing on the lease:

TENANT shall not assign this agreement, sublet the premises, give accommodation to any roomers or lodgers, or permit the use of the premises for any purposes other than as a private dwelling solely for TENANT(S). This rental agreement is being agreed to for the occupancy of the following: 2 Adults NO Children.

Am I understanding correctly that if my wife and I have a baby while living there, we're breaking the lease? Should I be concerned at all about this or have the language changed?

For reference, we live in Seattle, WA.

Under one of my many hats I manage rental property and have found this to be pretty common. Children are harder on property and make more noise.

Ghumbs
Jan 1, 2006

Thermopyle posted:

Under one of my many hats I manage rental property and have found this to be pretty common. Children are harder on property and make more noise.

Well, I know he's willing to rent to families so I'm not sure that's why he filled it in like that. My question, though, isn't regarding his intent. I just want to know what could happen if my wife were to get pregnant and have a child while in the lease.

BirdOfPlay
Feb 19, 2012

THUNDERDOME LOSER

Ghumbs posted:

Well, I know he's willing to rent to families so I'm not sure that's why he filled it in like that. My question, though, isn't regarding his intent. I just want to know what could happen if my wife were to get pregnant and have a child while in the lease.

IANAL. Have you tried getting the section removed from the lease, or, at the very lease, adding a clause about childbirth? Remember, a lease is a contract and you have as much a right to make exert control over as your prospective landlord. They're not sign or :frogout: documents.

Ghumbs
Jan 1, 2006

BirdOfPlay posted:

IANAL. Have you tried getting the section removed from the lease, or, at the very lease, adding a clause about childbirth? Remember, a lease is a contract and you have as much a right to make exert control over as your prospective landlord. They're not sign or :frogout: documents.

That's what I'm going to do. Thanks for the help everyone.

King Lou
Jun 3, 2004
They say the fittest shall survive, yet the unfit may live

Hello legal folks,

I have a quick question. I did some Voice Over work for a small ad agency in Ohio last year (I'm based in NYC). I am having a hard time getting this guy to pay up. We did work in 2010 on the same project. He whined about the price but eventually paid. Second time around I did the work, submitted the PO and haven't heard from him since. I did hear through an intermediary that he may want to do some corrections on the work. I stated I would not do any more work until he pays for the 1st half. We just hit the 5 month mark of me waiting for payment... The amount is currently $3500.

We don't have a sign contract for the work but I have the emails where we discuss the work and hourly agreement as well as all the emails where I kept them abreast of the hours I had completed.

So, I guess the question is what are my legal options. I have a feeling that the minute I suggest legal action he may suddenly pay me. However if he doesn't what are the options? Small claims court? Is small claims court between states a pain in the rear end? File there? Here?

Dryer Lint
May 17, 2010

Biggest most lovable jerk on the internet.
:sun:
My car got towed because I parked in a "don't park here without a permit spot", I can prove the marking on the spot wasn't visible, I can prove that the company is price gouging, and I can prove that the towing company, by towing any car in the lot I was in, is violating three separate Oregon Revised Statutes. What are my chances of a. winning in small claims court and b. getting the Oregon Department of Justice Consumer Protection Agency to sue them?

Dryer Lint fucked around with this message at 03:56 on Apr 28, 2012

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

King Lou posted:

So, I guess the question is what are my legal options. I have a feeling that the minute I suggest legal action he may suddenly pay me. However if he doesn't what are the options? Small claims court? Is small claims court between states a pain in the rear end? File there? Here?

You can't sue in NYC if the defendant is in OH and the work was done there. Some quick googling shows that Ohio has a $3000 cap on small claims court, so your options are to sue him in small claims for $3000, or to sue him in regular court for $3500. A lawyer will probably recommend the $3000 small claims option, since the extra $500 will easily be eaten up by extra lawyer time. Hiring an OH based lawyer for small claims is legal, and will probably be cheaper than the costs of going there yourself. If you have solid evidence that the work was done and that he was involved in it, you should have a good chance. It wouldn't hurt to at least talk to an Ohio based lawyer about it, and a letter from the lawyer to the guy stiffing you may make him pay up.

King Lou
Jun 3, 2004
They say the fittest shall survive, yet the unfit may live

Konstantin posted:

You can't sue in NYC if the defendant is in OH and the work was done there. Some quick googling shows that Ohio has a $3000 cap on small claims court, so your options are to sue him in small claims for $3000, or to sue him in regular court for $3500. A lawyer will probably recommend the $3000 small claims option, since the extra $500 will easily be eaten up by extra lawyer time. Hiring an OH based lawyer for small claims is legal, and will probably be cheaper than the costs of going there yourself. If you have solid evidence that the work was done and that he was involved in it, you should have a good chance. It wouldn't hurt to at least talk to an Ohio based lawyer about it, and a letter from the lawyer to the guy stiffing you may make him pay up.

Alright. That makes sense. Just to clarify: The work was done physically in NYC but the employer was in OHIO. So by what you're saying since the employer is there the work originates there no matter where the physical work is done.

Thanks for the advice. I'll start googling Ohio Small Claims lawyers.

EDIT: Well it looks like they changed their website to something super non-descript... that is a bad sign. I'm probably looking at them closing their doors and re-opening with a new LLC and I'll be out my $$$... lame

King Lou fucked around with this message at 15:08 on Apr 28, 2012

Arcturas
Mar 30, 2011

King Lou posted:

Alright. That makes sense. Just to clarify: The work was done physically in NYC but the employer was in OHIO. So by what you're saying since the employer is there the work originates there no matter where the physical work is done.

Thanks for the advice. I'll start googling Ohio Small Claims lawyers.

EDIT: Well it looks like they changed their website to something super non-descript... that is a bad sign. I'm probably looking at them closing their doors and re-opening with a new LLC and I'll be out my $$$... lame

If that's the case, you may want to move quickly, to try to get whatever you can before they run out of assets.

Arcturas
Mar 30, 2011

entris posted:

Pretty sure that federal laws regarding fair housing do not permit landlords to discriminate against families. edit: here we go:

42 U.S. Code Section 3604:

While I agree that the federal code appears to prohibit discriminating against families, I wouldn't read that statute to prohibit a clause saying "I am leasing to two people, no more. If any more live here, the lease is terminated." Such a clause could justify terminating the lease if they had children.

Why? I read "familial status" as being the familial status of the relationships that renters have, not the status of whether they have a family or not. Hence it would be illegal to lease to a brother and sister, but not to lease to an unmarried man and woman who wanted to share an apartment. I think that is different from a situation where they want to lease to two individuals, but (perhaps to comply with fire codes) do not want to lease to three or more individuals.

I might be wrong.

Either way, the best bet is to talk to the landlord and get things worked out ahead of time.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

Arcturas posted:

While I agree that the federal code appears to prohibit discriminating against families, I wouldn't read that statute to prohibit a clause saying "I am leasing to two people, no more. If any more live here, the lease is terminated." Such a clause could justify terminating the lease if they had children.

Why? I read "familial status" as being the familial status of the relationships that renters have, not the status of whether they have a family or not. Hence it would be illegal to lease to a brother and sister, but not to lease to an unmarried man and woman who wanted to share an apartment. I think that is different from a situation where they want to lease to two individuals, but (perhaps to comply with fire codes) do not want to lease to three or more individuals.

I might be wrong.

Either way, the best bet is to talk to the landlord and get things worked out ahead of time.

You are wrong though. It's specifically addressed here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights. They do make an exception for retirement communities, and there may also be exceptions for something like a college dormitory (not sure there), but basically in most cases a landlord cannot deny housing because of children.

Arcturas
Mar 30, 2011

dvgrhl posted:

You are wrong though. It's specifically addressed here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights. They do make an exception for retirement communities, and there may also be exceptions for something like a college dormitory (not sure there), but basically in most cases a landlord cannot deny housing because of children.

Gotcha, my bad. I hadn't done any research; clearly I ought to have done so.

Zokari
Jul 23, 2007

Speaking of rental issues, my family very recently ran into a pretty big problem on that front. We discovered that it's apparently illegal to rent a house in the town we live in, unless the owner of the house lives there at the same time. We've been renting this house for a little over a month, and just found out yesterday that we may end up having 30 days to move out.

I've done some searching on Google and can't find a single example of such an ordinance anywhere else in the country. We're sort of at a loss. Is there anything we can possibly do?

Edit: We're in Minnesota, if that matters.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Zokari posted:

We discovered that it's apparently illegal to rent a house in the town we live in, unless the owner of the house lives there at the same time. We've been renting this house for a little over a month, and just found out yesterday that we may end up having 30 days to move out.

I've done some searching on Google and can't find a single example of such an ordinance anywhere else in the country.

I haven't seen it as an ordinance, but I think it's pretty common to have a restriction like that in condo association rules.

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entris
Oct 22, 2008

by Y Kant Ozma Post
^^^^^what this guy said, too - is this a condo or a home that is subject to the rules of a homeowners' association?

Zokari posted:

Speaking of rental issues, my family very recently ran into a pretty big problem on that front. We discovered that it's apparently illegal to rent a house in the town we live in, unless the owner of the house lives there at the same time. We've been renting this house for a little over a month, and just found out yesterday that we may end up having 30 days to move out.

I've done some searching on Google and can't find a single example of such an ordinance anywhere else in the country. We're sort of at a loss. Is there anything we can possibly do?

Edit: We're in Minnesota, if that matters.

Give us more detail - how did this come to light? Did a neighbor complain about your family renting? Did a police officer show up and give you guys a notice? Did your landlord call you and tell you this?

What town in Minnesota? This might be a town/city ordinance rather than a state law.

And don't bother looking for a similar law in any other state, as landlord-tenant law is very state specific and Minnesota judges aren't going to care what other states do.

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