Posted by Dee on November 02, 2001 at 00:01:18:
In Reply to: Re: NYC LL claims exempt from rent regulation-tenant needs help posted by Hannah on November 01, 2001 at 15:21:26:
: > First, look on the front page here at tenant net over on the right
: >about half way down and click on Are You Rent Stablized. Call DHCR
: >(718-739-6400)or go there to see if your apt is in fact rent
: Been there. Done that. They confirmed that my apartment was listed as exempt. A very kind man there was the one that advised me to start an Administrative Determination Proceeding.
: However, if it is not decided in my favor, I need to know what my rights are and if I should proceed differently.
You need to see a lawyer, now.
Bring all your leases, all these court papers and go to the West Side Tenants' Union, address & times on tenant.net somewhere, 72nd & B'way.
You're probably not stabilized, but that does not mean that the landlord can refuse to renew your lease.
First: read the lease, what does the renewal clause say?
Second, if when he sued you the first time, he said on the Petition that you were RS, you (well, a lawyer) might be able to use that in the second suit.
Third, you have all the elements to win a legally required 0ne-year renewal IF you use the retaliatory eviction defense (that's the legal word for exactly what he said: " because you complained to HPD and filed an HP action, I won't renew your lease": that's illegal). If you already answered this second petition (which you must do within 5 days) you can still file an amended answer (might be required to do that within 10 days). READ ABOUT THIS defense now, use the search feature here.
Don't lose the chance to win this fight and a one-year renewal.
ps: go to the housing court decision page and use the search there to look up your landlord and your building: several of these non-profits have had their status decided by the courts.
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