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Posted by New York Tenant on June 23, 2001 at 00:23:38:

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

When does your lease expire? For owner occupancy, the landlord can refuse to renew your lease only during the 90-day to 150-day window period before your lease expires.

Is the landlord a "natural person" -- not a corporation or partnership? Are you disabled or 62 years old or older?

Your landlord doesn't seem to fully understand the law. The landlord of a rent controlled apartment has to go to DHCR to start the eviction process. The landlord of a rent stabilized apartment can go directly to housing court at the end of the lease, but only if he sends the tenant a Golub notice during the 90-150 day window period before the lease expires.

:
: I receieved the following letter from my landlord, I have been living in a rent stabilised apartment in the East Village of Manhatten for 10 years and now my landlord wants my place, WHAT CAN I DO???

: I can't afford to move anywhere else, help!!

:
: THE LETTER:

: "We recently offered you a ten thousand dollar settlement to vacate your apartment.

: However, you failed to respond to the enquiry which we assumed meant that you were not interested in a ten thousand dollar settlement to vacate the apartment. Unfortunately, the offer was meant as a courtesy, to you, to avoid any future problems.

: As the owner of XXXXXXXXXXXX I have the legal right to occupy one or two of the apartments. This is referred to as "owner occupied". I am informing you as of now that it is my intention to occupy your apartment as an owner occupied tenant.

: There are two ways that you can proceed in surrendering the apartment, one way is that I will file with DHCR to occupy the apartment. You can then make a claim in housing court and try and fight my owner occupancy claim, however, my right to occupy the apartment will be almost certainly granted. There will be court costs, time and energy spent. So instead of leaving the apartment with extra money in your pocket you will be leaving with less money.

: Another way of handling

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Comments:
: When does your lease expire?  For owner occupancy, the landlord can refuse to renew your lease only during the 90-day to 150-day window period before your lease expires.  

: Is the landlord a "natural person" -- not a corporation or partnership?  Are you disabled or 62 years old or older?  

: Your landlord doesn't seem to fully understand the law.  The landlord of a rent controlled apartment has to go to DHCR to start the eviction process.  The landlord of a rent stabilized apartment can go directly to housing court at the end of the lease, but only if he sends the tenant a Golub notice during the 90-150 day window period before the lease expires.  

: :
: : I receieved the following letter from my landlord, I have been living in a rent stabilised apartment in the East Village of Manhatten for 10 years and now my landlord wants my place, WHAT CAN I DO???

: : I can't afford to move anywhere else, help!!

: : 
: : THE LETTER:

: : "We recently offered you a ten thousand dollar settlement to vacate your apartment.  

: : However, you failed to respond to the enquiry which we assumed meant that you were not interested in a ten thousand dollar settlement to vacate the apartment. Unfortunately, the offer was meant as a courtesy, to you, to avoid any future problems.

: : As the owner of XXXXXXXXXXXX I have the legal right to occupy one or two of the apartments. This is referred to as "owner occupied". I am informing you as of now that it is my intention to occupy your apartment as an owner occupied tenant. 

: : There are two ways that you can proceed in surrendering the apartment, one way is that I will file with DHCR to occupy the apartment. You can then make a claim in housing court and try and fight my owner occupancy claim, however,  my right to occupy the apartment will be almost certainly granted.  There will be court costs, time and energy spent. So instead of leaving the apartment with extra money in your pocket you will be leaving with less money.

: : Another way of handling 


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