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Posted by Anna on May 19, 1999 at 19:46:37:

In Reply to: Brownstone Sold: How Quickly Can I Be Thrown Out? posted by Steven on May 05, 1999 at 17:49:41:

: The 4-floor brownstone I live in in Carroll Gardens is in contract. We just found out about this last week. When the new owner takes title after the closing, how long can my family reasonably expect to stay while we're searching for a new place to live? What is the fastest time we would be given, if new owners are not understanding and they want us out ASAP? (They are getting rid of everybody, to occupy it as a single-family house, and the old owner had ended all our leases a year ago, to prepare for the possible sale.)

: If we couldn't reasonably expect 2-3 months to get resituated, are there any tactics to pursue in Housing Court that might guarantee such a time frame? We don't want to stall the new owner, but we have two small kids and we don't want to have to accept a garbage apartment in what has become a tight market.

: Thank you for any and all help offered!

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You say your old LL ended all your leases: were you Stabilized? Failure to offer a renewal lease was illegal.
Your other msg says your elderly neighbors are rent controlled: he can't just end that lease either: depending on their age and/or diasability status, he would have to find them a comparable apt in the neighborhood.

Both Rent Control & Rent Stabilization laws (on TenantNet, Rent Laws) have specific rules concerning this Owner-Occupancy procedure: basically, for Rent Stab, instead of a Renewal Offer and during the 120-150-days prior to your lease expiration, the LL sends a notice not to renew. If you don't move out, LL sues you in Housing Court in a Holdover proceeding: the whole thing can take months, a year, longer. Having a lawyer helps a lot: gather more info & go in person to a tenant clinic: find some of them on TenantNet.

The search feature is working on the archives yet: use it anyway & then open the archive in a second browser window to locate the message by subject line.

So now you can read a little more about it, then write another message: be specific as to types of leases & when they expire.

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Comments:
: : The 4-floor brownstone I live in in Carroll Gardens is in contract. We just found out about this last week. When the new owner takes title after the closing, how long can my family reasonably expect to stay while we're searching for a new place to live? What is the fastest time we would be given, if new owners are not understanding and they want us out ASAP? (They are getting rid of everybody, to occupy it as a single-family house, and the old owner had ended all our leases a year ago, to prepare for the possible sale.)

: : If we couldn't reasonably expect 2-3 months to get resituated, are there any tactics to pursue in Housing Court that might guarantee such a time frame? We don't want to stall the new owner, but we have two small kids and we don't want to have to accept a garbage apartment in what has become a tight market.

: : Thank you for any and all help offered!

: ************

: You say your old LL ended all your leases: were you Stabilized? Failure to offer a renewal lease was illegal.
: Your other msg says your elderly neighbors are rent controlled: he can't just end that lease either: depending on their age and/or diasability status, he would have to find them a comparable apt in the neighborhood.

: Both Rent Control & Rent Stabilization laws (on TenantNet, Rent Laws) have specific rules concerning this Owner-Occupancy procedure: basically, for Rent Stab, instead of a Renewal Offer and during the 120-150-days prior to your lease expiration, the LL sends a notice not to renew.  If you don't move out, LL sues you in Housing Court in a Holdover proceeding: the whole thing can take months, a year, longer.  Having a lawyer helps a lot: gather more info & go in person to a tenant clinic: find some of them on TenantNet.

: The search feature is working on the archives yet: use it anyway & then open the archive in a second browser window to locate the message by subject line.

: So now you can read a little more about it, then write another message: be specific as to types of leases & when they expire.


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