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Re: Apartment Status

Posted by Mariel on December 02, 1997 at 14:18:06:

In Reply to: Apartment Status posted by John on December 02, 1997 at 13:48:57:

: I am being forced out of my apartment, at the end of my year-to-year lease, Jan 31, '98. I've been living here for 5 1/2 years. The dispute is not over rent or anything I have done. The owner claims he wants to move here. (From Sands Point Long Island to 26th and Lexington? I don't think so! Anyway I have been trying to determine whether the building is rent-stabilized. There are five units and it was completely renovated in '83-84. Today I went to the NYC Buildings Dept to get the plans and c.o. of this building. Can someone help me figure out the status of my apartment? I was told by the owner's nephew that it was originally a 6 unit building and that the second floor was converted from two apts to one to render it de-stabilized. If anyone can help me please post a message or call me at 212-686-4753. Thank-You!

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Unfortunately, if the owner is saying that he wants to move into your apt., it doesn't matter whether the building is rent stabilized or not. Even under the stabilized guidelines an owner can gain occupancy of an apartment if it is going to be for his personal use or the personal use of his immediate family. One thing I'm not sure of is whether they would have to be using it as a primary residence. There was a case where a person got back into an apt. she was evicted from when it was discovered that the owner was not using the apartment for personal use.

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