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Re: Renewal Rights are the Problem

Posted by Lurker-Owner on December 15, 2000 at 16:31:13:

In Reply to: Re: Renewal Rights are the Problem posted by TenantNet on December 15, 2000 at 15:57:17:

>>: The "problem" is created by the inadverdant creation of a landlord-tenant relationship -- a contract issue. Yes, you can undo the impact in non-regulated units simply because there is no automatic right to renew, as you indicate. But there are a number of instances where it can occur outside of stabilization, i.e., squatting, adverse possession and retaliatory claims.

: Our point is that it is a gray area, always dependent on specific facts. But it is not a reason to trash regulation.<<

It's a matter of semantics. Absent renewal rights (from stabilization, Paikoff, or othrewise), the inadvertant creation of the l-t isn't a problem. Squatting and adverse possession aren't l-t relationships. The defense of retailiatory eviction eventually goes away. So stabilization (and paikoff which should eventually be overruled) really is the primary reason that accepting checks from roommates is not a good idea.

While, I understand tenants' desire for mandatory renewal (even though professional landlords typically renew the overwhelming majority of free market tenants), they can make it very difficult for a landlord to make the building a good home for good tenants (as it is almost impossible to evict for nuisance in NYC).

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