Posted by MikeW on August 29, 2001 at 14:55:55:
In Reply to: Re: Don't have to notify management... posted by Joe on August 28, 2001 at 21:41:10:
However a relative of mine had to go through this. She had a roommate who refused to pay and refused to go. I was kind of dragged into the process, so I know something about how it's done. However this was a rent stabilized apartment. I would think Mitchell-Lama would be the same, but I can't say for sure.
: Thanks Mike. There is no agreement in force and I have already started the process via a termination notice. I was confused beacuse I saw something somewhere about needing to notify or get the approval from the housing authority or DHCR. Do you know what I might be talking about (maybe give me a statute 3 or something. I do know it is an exacting process, but I have bought some books and am talking with an old friend who is a lawyer in another state and doesn't really do housing cases. I am going to pass on the info you gave me and see what she thinks. I am not looking a gift hourse in the mouth, but the first thing she will ask me is if you are an attorney--so, are you? If you are, why don't you email me directly so I can consult with you after I get some pay I am expecting and have a bit of money to spare.
: : As long as you can prove to the housing court that you own/control that unit (ie proprietary lease is in your name), and that you have no agreement in force (ie roommate/sublet agreement) with your relatives, you can go through the eviction process without involving your building's management.
: : As far as not having a lawyer, it can be done without one, but the process is fairly exacting, and if you screw it up, you probably have to start all over again. A lawyer will help prevent this.
: : : I own a Mitchell Lama coop. For the last serveral years I have been traveling extensively and haven't been in the apartment that often. I allowed some distant relatives to stay there while I traveled (they didn't bother me the little that I was hame). Now I have moved back in full time but the relatives won't leave and they are driving me nuts!!!! The people in the office know they have been staying with me but do not know that I haven't been around. I want to evict my relatives but am afraid that the owners of the building may find reason to evict me if I let them know about the situation. Do I have to give the housing authority or DHCR notice about my wish to evict my relatives? If so, what particular form of notice must I give? Please don't suggest I see an attorney as I can't afford to do so and have already explored all the por buno alternatives and can't find representation.
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