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Re: I don't think this question can be answered.

Posted by TenantNet on September 11, 1997 at 03:10:02:

In Reply to: I don't think this question can be answered. posted by A.Truesdell on September 09, 1997 at 23:23:00:

: My father was the super of a 87 unit building in Queens. Three weeks
ago, after 12 years of loyal service the landlord fires him with 2 days
notice.He also starts to pressure him to vacate his apartment of 12 years.
Does he have any legal right to stay while he looks for a new job or for
that matter a new apartment? Does this type of eviction have to go
through the same channels an eviction where there is a lease? Does the
landlord have to wait until he is three months behind to start eviction
procedings? If yo know the answer to any of these questions, please
either post or mail me at adt@sprintmail.com. Thanks.

Real Property Actions and Proceedings Law Sec 713(11) provides:

Sec. 713. GROUNDS WHERE NO LANDLORD-TENANT RELATIONSHIP EXISTS.

A special proceeding may be maintained under this article after a
ten-day notice to quit has been served upon the respondent in the
manner prescribed in section 735, upon the following grounds:

11. The person in possession entered into possession as an
incident to employment by petitioner, and the time agreed
upon for such possession has expired or, if no such time was
agreed upon, the employment has been terminated; no notice
to quit shall be required in order to maintain the
proceeding under this subdivision.


What this means is that the owner must take the former employee to
court under this provision. But if the employee also had a
landlord-tenant relationship, he can remain as a tenant and
possibly as a rent regulated tenant. This happens if he was
a tenant originally and then became super. Or, if "rent" is
deducted from the super's wages, that can possibly establish a
landlord-tenant relationship. These kinds of situations can
be complicated and I would suggest seeing an attorney. Also,
you need to consider if the employment termination was legal.
If he was a union super, he might wish to consult with the union
and he might get any eviction stayed pending any labor hearing.
Fir the owner to maintain this proceeding in court, he must
allege all the facts in the petition, and an improper termination
might be extended to an improper eviction. There is no requirement
to wait three months before starting a proceeding, either in this
or in a normal tenant's eviction, and that could actually hurt
the owner if he waits too long.

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