Posted by TenantNet on September 27, 1997 at 23:11:31:
In Reply to: Notice of Non-Renewal/Eviction posted by BZEL on September 26, 1997 at 17:24:08:
: Help! Can this be happening?!!!
: For over 25 years, I have lived in my NYC/Manhattan rent-stabilized apt.
: with no hassle. Recently, I was served with a "Notice of Non-Renewal" by
: my landlord (certified mail). He states that he "seeks to recover
: possession of the premises for the use and occupancy of his brother."
: Is this legal? Can I fight it? On what basis?
: All information and and opinions welcome.
Possibly. There are provisions for owner occupancy for him and "immediate"
family. Look at the various fact sheets and the RSC code -- it's in
there. Also look at the many DHCR cases (do a search on owner occupancy
and/or personal use occupancy). I think (although I'm not sure)
that a brother qualifies as immediate family. But if there are other
vacant units in the building or the owner already has a unit, then you
got a fighting chance. I would also consult with a good tenant attorney.
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