Posted by MikeW on July 24, 2000 at 15:57:31:
In Reply to: Out of luck? Not really. posted by John on July 24, 2000 at 09:36:47:
: Answers to your question.
: : Here are my questions.
: : 1. If I read the laws correctly, the new owners have no obligation to offer me a lease renewal at any particular time, unlike in a regulated apartment where they would have had to send me a renewal offer last month. They don't even have to talk to me about it. True?
: True, but as a month to month tenant the landlord must give you a 30 day notice, then file a request with housing court to evict you (called a holdover procceding) and the landlord must still provide you with normal services (heat, hot water, etc.) and repairs as needed.
He, not month to month. He said he had a lease. So when the lease runs out, the LL can (probably) start a holdover eviction immediately. The LL may need to give a formal notification of non-renewal 30 days prior to expiration, but that's just a guess.
: : 3. The house apparently has a fairly serious building code violation, which I didn't realize until the new owner accidentally mentioned it. It will not be easy for them to fix. Does this give me any kind of advantage? (I doubt it.)
: Yes, what happened to me was that the (real) new landlord would not show himself and sent agents to pickup the rent was, because of the repairs. My landlord avoided promising repairs and changed managing agents twice to avoid spending money on the building. Your rent goes a long way to helping him/her pay mortagage before they kick you out.
IF IT IS A LEGAL 4 UNIT BUILDING, the code violations probably wouldn't do anything for your. If it is an illegal conversion, it's a whole nother story. In that case, the LL can't use housing court to get you out. He has to file for an ejectment in state supreme court, which is a long, slow, expensive process, that a lawyer could probably tie in nots for years (or at least months). It may be worth while to go to the Buildings Dept and pull the house's C or O.
: : p.s. Yes, I know I should have moved into a rent-stabilized place, but last year I didn't have a lot of time or money or knowledge... and if I have to move now, it looks like it'll be even harder.
: It's hard to find a two or three bedroom rent-stabilized apartment, but one bed room apartments can be used for more than one person.
: I turned a one bedroom R-S apartment into a two bedroom by not having a living room. No one visits me so I don't care what people think. Queen size bed in the livingroom and small beds for the kids in the bedroom. try that.
: Good luck.
Don't know about Brooklyn, but any decent one bedroom apt that gets vacated in Manhattan is getting MCIed off of stabilization. I'm guessing the better parts of Brooklyn and Queens are the same. Stabilized studios do seem to be available, at least for now.
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