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Posted by Wes Alwan on August 22, 2001 at 10:34:19:

I'm living in a rent controlled apartment--I'm a roommate, not a subletter, despite the fact that the renter now maintains a primary residence out of state but wishes to keep the apartment. The landlord is suing on these grounds, and seeks an eviction. I'm looking for an answer to two questions:

1. It seems to me that under New York law the landlord is right: the renter cannot maintain a primary residence elsewhere and keep non-subletting "roommates" in the apartment. Is that right?

2. The landlord filed a notice to cure and now seeks eviction through court procedures; how long does and eviction take?

Thanks for your help.

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