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Posted by New York Tenant on March 31, 2001 at 23:37:26:

In Reply to: Eviction posted by Carolyn on March 31, 2001 at 18:52:40:

The tenant should check his/her lease to see what it says about who can occupy the apartment. If the lease forbids occupancy by other than family members, then only one roomate is permitted under the roommate law.

Look at the case of Capital Holding Co. v. Rena Stavrolakes, decided by the Appellate Division, First Department, at http://tenant.net/Court/Hcourt/archive/1997/aug97.html.

In that case, the rent controlled tenant had no lease, so there was no limit of just one roommate. Your situation could be different.

If you don't move and the landlord takes the case to housing court, the tenant should still be allowed an additional 10 days to cure under RPAPL §753(4). However, the tenant may be liable for the landlord's attorneys' fees.

:
: Hi, I have a question about eviction.

: I am writing to find out some information about the process of
: eviction. I am the third, unauthorized roomate in a rent stabilized
: apartment that has recently been served a "notice to cure."

: My roomate was advised by her lawyer to "cure" the situation by serving
: me an eviction notice that stipulates that I must leave by May 30th. I
: have several questions:

: 1) If the roomate who served the eviction papers isn't hostile, do I
: really have to be out by May 30th? What happens if I am not?

: 2) If my roomate loses her case and the entire apartment is served with
: an eviction notice, what rights do we have in terms of length of time
: that we stay here? Are we obligated to leave on the date they
: determine or is their a course of action we can take to lengthen the
: eviction process?

: 3) How quickly do these cases usually go to court?

• Capital Holding Co. v. Rena Stavrolakes

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Comments:
: The tenant should check his/her lease to see what it says about who can occupy the apartment.  If the lease forbids occupancy by other than family members, then only one roomate is permitted under the roommate law.  

: Look at the case of Capital Holding Co. v. Rena Stavrolakes, decided by the Appellate Division, First Department, at http://tenant.net/Court/Hcourt/archive/1997/aug97.html.  

: In that case, the rent controlled tenant had no lease, so there was no limit of just one roommate.  Your situation could be different.  

: If you don't move and the landlord takes the case to housing court, the tenant should still be allowed an additional 10 days to cure under RPAPL §753(4).  However, the tenant may be liable for the landlord's attorneys' fees.  

: :
: : Hi, I have a question about eviction.

: : I am writing to find out some information about the process of 
: : eviction. I am the third, unauthorized roomate in a rent stabilized 
: : apartment that has recently been served a "notice to cure." 

: : My roomate was advised by her lawyer to "cure" the situation by serving 
: : me an eviction notice that stipulates that I must leave by May 30th. I 
: : have several questions:

: : 1) If the roomate who served the eviction papers isn't hostile, do I 
: : really have to be out by May 30th? What happens if I am not?

: : 2) If my roomate loses her case and the entire apartment is served with 
: : an eviction notice, what rights do we have in terms of length of time 
: : that we stay here? Are we obligated to leave on the date they 
: : determine or is their a course of action we can take to lengthen the 
: : eviction process? 

: : 3) How quickly do these cases usually go to court?


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