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Posted by Jay on November 22, 1998 at 09:09:29:

I have a rent stabalized lease since 1/95. My building received a new owner on
11/1/98. on 11/9/98 I received a 10 day notice to cure stating I was illegaly
subletting to my sister. The owner contends I have a second residence, based soley
of the fact he saw on my original application I own a coop I was planning on
renting out in Queens. Very rarely in the last 4 months have I stayed in the
rent Stabalized apt, however it is my apt. All utility bills are in my name I was
paying the rent until the owner refused to cash the 11/1/98 rent check and I receive my
mail there. Can the owner suceed in evicting me with this type of proof. I
have told him that this is my primary residence, registered my sister as a
resident with DHCR and filed a failure to renew lease with DHCR. Can he evict me
based soley of the fact I own another residence and he suspects I sleep elsewhere
while I have tons of proof this is indeed my apartment and my sister is watching it
when I am not home

Follow Ups:

• Re: Eviction of Sister TenantNet 11/26/98 (0)

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Comments:
: I have a rent stabalized lease since 1/95. My building received a new owner on 
: 11/1/98. on 11/9/98 I received a 10 day notice to cure stating I was illegaly
: subletting to my sister. The owner contends I have a second residence, based soley
: of the fact he saw on my original application I own a coop I was planning on
: renting out in Queens. Very rarely in the last 4 months have I stayed in the 
: rent Stabalized apt, however it is my apt. All utility bills are in my name I was
: paying the rent until the owner refused to cash the 11/1/98 rent check and I receive my
: mail there. Can the owner suceed in evicting me with this type of proof. I 
: have told him that this is my primary residence, registered my sister as a 
: resident with DHCR and filed a failure to renew lease with DHCR. Can he evict me 
: based soley of the fact I own another residence and he suspects I sleep elsewhere
: while I have tons of proof this is indeed my apartment and my sister is watching it
: when I am not home       


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