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Re: My landlord wants my apartment owner occupied

Posted by Ace on June 22, 2001 at 18:38:50:

In Reply to: My landlord wants my apartment owner occupied posted by Joan on June 22, 2001 at 14:18:32:

The landlord does have that one route in order to get you out of your apartment, and would have to prove to the DHCR that the apartment he's taking from you would be definitely going to a relative or himself and that that person would have to prove that will be their primary residence for the next three years.

In the end, it's all about whether you want to stay or not. You have rights to the apartment as a rent stabilized tenant that the LL wants to scare you out of and doesn't want you to fight. The threat of you having to pay is one of LL's tactics. Check your lease about attorney fees.

Do you want to stay in the apartment? If you do, did you write and send your response to the LL when he sent you the initial letter of offer to vacate? It sounds like LL is trying to scare you. If you are a rent stabilized tenant of the apartment and have paid your rent on time, you cannot be tossed out nor can LL harrass you.

I would send a copy of the note back to the LL stating that you have no intention of leaving the apartment. You never received the initial letter of offer to vacate. Remind LL of your rent stabilized status and that you are protected under current New York City law. Remind that you are a good tenant of ten years who pays on time. Do not bring up about who's moving in there. Sign off on the letter, keep a copy of the letter for yourself and send original letter by Fed Ex overnight (signature upon receipt) to LL.

If LL calls you to talk about the letter, state simply if LL has received your Fed Ex letter (call Fed Ex to see if letter was received) and re-state what you wrote in the letter. Do not deviate. Stay polite and to the point.

The fact the LL was offering you money to move should tell you that it's not going to be easy for LL to remove you, since you are a rent stabilized tenant. You have the upper hand here. Just keep being a good tenant and pay your rent on time. Stay on LL and watch him like a hawk.

Now if you want to move, or want that $10k, then you can say you didn't get the original notice and you would like to talk about that notice and let LL do the talking. Take notes. Make LL write up an agreement that you both work on together and sign and date off on together. Make sure to get a copy of it then and there. It would help to have a witness. Have everything written down regarding the $10k you both agree to and even throw in moving expenses and a timeframe of three months or six months for you to find a place. There's room for negotiation...

Good luck. Just don't panic. Panic clouds the logic/thought process. One last note: LL mentioned one or two apartments -- so LL is looking to see who "cracks". If you want to stay, don't let it be you. Stay cool. You're protected by New York tenant/housing law.

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