Posted by Anna on May 06, 1999 at 09:44:47:
In Reply to: Being thrown out due to sale posted by Abbe on May 05, 1999 at 16:26:01:
: Help. Advice needed. My fellow tenants and I (5 families total) recently got a letter that our building (a 7 unit brownstone on W 81st ST) has been sold and we have 60 days to get out. The owner has informed us to pay the current month's rent, use security deposit for June rent and she will give us $250 towards moving expenses and our sec. dep. interest if we leave the apt. broom clean. We all have the same type of lease which is not a lease but a Deposit Agreement which is open ended and continues unless she notifies us 90 days before a rent increase. My husband and I have lived there 4 years (3 deposit agreements--1st $1275 for 2 yrs, 2nd $1400 for 1 yr, 3rd/current $1500). Other tenants range from 2 months-2 yrs. I don't know if we have any rights to demand to stay longer or ask for more money. The interesting part is that since this has happened , we have done some investigating and found out that the building was never registered as Rent Stabilized. There are currently 7 units which would require stabilization, but the Certificate of Occupancy (dated 1971) states that there are only 5 units. Can we fight the landlord/owner on the grounds that the building should have been rent stabilized? What are our rights and what are we owed in that case?
1. To the best of my knowledge, those things are leases, no matter what they call themselves, if they are for one or more years. If they are for one year minus one day: I don't know...
2. If that is the most recent C of O filed with the NYC Buildings Dept, the building probably should be Stabilized.
3. Five families facing eviction is a strong incentive to form a Tenants Association, formal or informal. Gather the paperwork, including the LL's attorney's name, nominate two representatives, go to a good tenant-lawyer for a consultation: might cost around $150-200 for an hour: divided by five is really affordable. Even if the Rent Stab possibility falls through, s/he can negotiate a better buyout deal for the whole group.
Note: Posting is disabled in all archives
Post a Followup