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Re: NYC coop sublet: who's in charge?

Posted by DK on September 20, 1999 at 13:17:31:

In Reply to: NYC coop sublet: who's in charge? posted by broken lock on September 19, 1999 at 12:43:08:

: The building: NYC coop, 70% shareholder-occupied, 20% stabilized, & us: subletting from an out-of-town shareholder, not a sponsor.

: The event: building door doesn't close/lock reliably.

: The research today: Attorney General's web site & the other web site & the NYC web site.

: A partial answer so far: tried to call HPD to report the problem, can't be anonymous (still thinking about it...)

: The REAL question: according to rent stabilized neighbor, this is a recurring problem. it started up again 2 weeks ago, we discovered it yesterday. no one warned us about the security breach. the shareholder-manager only told other shareholder-residents. according to the attorney general's web site, there is a law 352eeee requiring the building manager to treat shareholders and rent stabilized equally, without discrimination (no one warned them either). did i read that section wrong: does this law cover sublet-tenants too? is there another law somewhere? aren't they required to warn all of us, not just the resident-shareholders?

: These people obviously lack common sense, common courtesy, and fear of lawsuits, so we thought quoting a law in a certified letter would open their eyes.... so they would tell us next time & maybe speed up getting the lock/door fixed, without making enemies (we have several months left on the lease).

You should press the issue with the building management. As you noted from your research, the building manager is responsbile for all of the units, including those that are sublet. Your complaint relating to the entrace door is usually the responsibility of the co-op.

If the management does not correct the problem promptly, you can file an action in the Housing Part to obtain a court order to compel the repair. It's a simple process that does not require a lawyer. Go to the Housing Court clerk's office with the exact corporate name of the co-op and the name of the management company. There is a one page form to fill out and a $35 filing fee. Your form will be submitted to a judge for review and when it is signed, you must mail copies to the co-op and the management company before your court date.

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