Google Search

TenantNet Forum Archives 1996-2002
Posting and Replies are disabled in all Archives
TenantNet Forum | TenantNet Forum Archives Index

Re: landlord attempting to evict us from rent regulated apartment based on "roommates"

Posted by Mark Smith on July 26, 2000 at 10:31:06:

In Reply to: landlord attempting to evict us from rent-controlled apt based on roommates posted by Sue on July 26, 2000 at 10:04:28:

Are you sure your apartment isn't rent stabilzed? Who owns the apartment? Do you have a recent lease? How many tenants are parties to the lease? Does it have a provision about legal fees? Has the landlord cited a specific clause in the lease that you're allegedly violating.

If your lease is the standard form lease from the Real Estate Board of New York, you seem to have the right to have an unlimited number of roommates, according to a recent court decision.

The same would be true if the lease has no restrictions on the number and type of occupants, such as non-family members, or if the landlord can't find a lease.

While profiteering from an illegal sublet is generally not curable, it sounds like anything you may have done is curable. You should consult an experienced tenants' attorney, especially if your lease has a clause that makes you liable for the landlord's legal fees. If you have to go to court and you are successful, the landlord might have to pay your attorney's fees.

: I live in a rent-controlled apartment in a coop in Manhattan. We just received papers from the landlord that state we have several roommates and that we do not have the option of curing the violation and must vacate. The legal papers state the name of several of the visitors. How is it possible that a landlord obtain such names? The doorman do not have them and there is no paperwork that could reveal this? Could someone have entered the apartment? The superintendent is not on the boat with the landlord and would not have given him specific information. Is mail received in a mailbox private information? Is it correct that this situation cannot be cured? One of the people named is a visitor/girlfriend and the other a relative who comes often and the third is a legitimate roomate as protected by the roomate law. Landlord claims we were profiting. There are no records anywhere that could prove this. Should we worry?

Follow Ups:

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 
Comments: Optional Link URL: Link Title: Optional Image URL:


TenantNet Home | TenantNet Forum | New York Tenant Information | Contact Us
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws |

Subscribe to our Mailing List!
Your Email      Full Name