Posted by Mark Smith on August 12, 2000 at 12:23:25:
In Reply to: MARK SMITH PLEASE REPLY re: roommates posted by norman on August 11, 2000 at 23:07:31:
The court case that I was referring to is Roxborough Apts. Corp. v. Becker, NYLJ, September 15, 1999, page 27, col. 1.
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: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?
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