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Posted by TenantNet on November 26, 1998 at 04:12:16:

In Reply to: Eviction of Sister 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

Primary residency cases can be tricky - speak to a good tenant attorney. What really matters is where you actually live and where you spend your time. That you own one or many coops is irrelevent (usually). You are allowed to own or rent second units elsewhere. Your sister may live there with you. Its where YOU live that's important.

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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       

: Primary residency cases can be tricky - speak to a good tenant attorney. What really matters is where you actually live and where you spend your time. That you own one or many coops is irrelevent (usually). You are allowed to own or rent second units elsewhere. Your sister may live there with you. Its where YOU live that's important.


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