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Posted by Mark Smith on August 09, 1999 at 20:59:32:

In Reply to: Management trying to evict co-op owner for illegal subletting posted by Bob Bennett on August 09, 1999 at 10:41:38:

You should consult an attorney. Both the lease and New York law [Real Property Law §235-f] permit you and your wife to live there. If your lease obligates you to pay the landlord's attorneys' fees if the landlord is successful in litigation against you, you have similar rights to have the landlord pay your attorneys' fees if you are successful [Real Property Law §234].

Your son also has a right to cure any default, even after trial. The co-op landlord did give your son a notice to cure, admitting that the alleged default is curable. RPAPL §753(4) requires the court to give the tenant ten days to cure the default. You are not likely to be evicted, but attorney's fees have to be determined by the court, not by the landlord.

: My wife and I live with our son in his co-op apt. The manager wants us out, because I pushed through a proposal he vigorously opposed, in another co-op he managed. He now wants to get even with me.
: He has sent my son a notice to cure (within ten days) illegal subletting (by John & Jane Doe). We know he is referring to us, however, because the manager's assistant told my son on the phone the real problem is that his parents live in the apt. (my son recorded this conversation.)
: The lease says it's OK for parents to occupy the apt., so long as the stockholder is also occupying the apt. The notice to cure accuses my son of NOT living in the apt. This is untrue: my son has documentation--deliveries received that he signed for, & all his ID's list the same address. My wife and I have been looking for an affordable apt., but that's hard to find & will take time. For that reason, would like to fight this, rather than move immediately to an expensive apt. Unfortunately, haven't got much money.
: Is there any way to get a free, or inexpensive attorney?
: What is the next step the manager will take and how do we respond?
: Is there a definitive way to prove my son lives in the apt.? All the neighbors seem to be away, and my son wor

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Comments:
: You should consult an attorney.  Both the lease and New York law [Real Property Law §235-f] permit you and your wife to live there.  If your lease obligates you to pay the landlord's attorneys' fees if the landlord is successful in litigation against you, you have similar rights to have the landlord pay your attorneys' fees if you are successful [Real Property Law §234].  

: Your son also has a right to cure any default, even after trial.  The co-op landlord did give your son a notice to cure, admitting that the alleged default is curable.  RPAPL §753(4) requires the court to give the tenant ten days to cure the default.  You are not likely to be evicted, but attorney's fees have to be determined by the court, not by the landlord.

: 
: : My wife and I live with our son in his co-op apt. The manager wants us out, because I pushed through a proposal he vigorously opposed, in another co-op he managed. He now wants to get even with me.
: : He has sent my son a notice to cure (within ten days) illegal subletting (by John & Jane Doe). We know he is referring to us, however, because the manager's assistant told my son on the phone the real problem is that his parents live in the apt. (my son recorded this conversation.) 
: : The lease says it's OK for parents to occupy the apt., so long as the stockholder is also occupying the apt. The notice to cure accuses my son of NOT living in the apt. This is untrue: my son has documentation--deliveries received that he signed for, & all his ID's list the same address. My wife and I have been looking for an affordable apt., but that's hard to find & will take time. For that reason, would like to fight this, rather than move immediately to an expensive apt. Unfortunately, haven't got much money. 
: : Is there any way to get a free, or inexpensive attorney?
: : What is the next step the manager will take and how do we respond?
: : Is there a definitive way to prove my son lives in the apt.? All the neighbors seem to be away, and my son wor


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