Posted by SamE on February 20, 2000 at 21:16:33:
In Reply to: if rent stabal, does a vacancy or renewal lease HAVE to be used? posted by TRACY on February 18, 2000 at 12:27:37:
: I have an aunt who has lived in a rent stabalized unit for 30 years. In May of 1997 a new owner took over building. Up until then, there were no yearly leases (only original lease from 1969). The new owner did not have her sign a lease until December of 1998. The Dec 98' lease does not appear to me to be a Vacancy or Renewal lease, just a standard apartment lease. The new owner has now told her he is not planning on renewing due to a owner occupancy law. I do understand all of the criteria he needs to follow for to be able to evict under that, but I am trying to review all her paperwork to see if he has done anything else incorrectly. This lease seems to be a possible problem for him. My questions are...
Are you sure she's not rent CONTROLLED? read this from DHCR:
In New York City, Rent Control tenants are generally in
buildings built before February 1, 1947, where the tenant is
in continuous occupancy prior to July 1, 1971. Tenants who
took occupancy after June 30, 1971, in buildings of six or
more units built before January 1, 1974, are generally Rent
Stabilized. See Fact Sheet #1- Rent Control and Rent
if she is 62, or disabled, or rent controlled living in same apartment for 20 years, the owner cannot evict her to use the place for himself unless he finds her a comparable or better apartment in the vicinity for the saame rent or a lower rent.
you said 12/98 lease: do you know he has to send the form 120-160 days before the lease expires, the same time he was supposed to send the renewal offer?
: 1. Since she did not have an actual lease since 1969, should she have signed a Vacancy or Renewal or something else?
we don't get leases: rent stab get 'lease renewal offers' on the form required by DHCR. rent controlled don't even get that.
: 2. Is it a problem that it took him 1 1/2 yrs to give her a lease after he purchased building (Now we see he suddently wanted a lease since he couldn't get her out until a lease came up for renewal)?
no: if she is rent stab, the only thing that renewal form does is allow the landlord to increase the rent. no renewal form, no rent increase.
rent controlled rents increases are higher: 7.5 or 8.5%, plus fuel increases,
: 3. Is the lease valid if it is not the proper one he needed to have her sign?
file a complaint with DHCR if she really is rent stab: she was supposed to get the form with the option to renew 1 or 2 years plus the DHCR rider explaining her rights.
but valid? ask DHCR on the phone.
: 4. Does anyone know the number/info of any lawyers with great track records in owner occupancy evictions that I can call to speak to regarding all of this?
call one of those who have ads here: the banner at the top keeps changing: there's like 4 or 5 of them.
: Thanks for any info!!
you both need to read more about her rights: http://tenant.net/DHCR_info or http://www.dhcr.state.ny.us/ora/ora.htm
call DHCR, the (718) tel number, Tuesday: ask for a RENT HISTORY: they will mail it to occupant at her apartment; it will list what the landlord has registered with DHCR for fifteen years. it should say that it is rent controlled or rent stab.
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