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Re: Eviction being used as retaliatory tactic by landlord

Posted by Nick on January 22, 1999 at 16:21:19:

In Reply to: Re: Eviction being used as retaliatory tactic by landlord posted by DK on January 15, 1999 at 18:49:41:

: I recall that the Federal Communications Commission recently adopted a regulation regarding restrictions on the installation of satellite dishes. I remember that the regulation pre-empted local zoning regulations, but I do not recall whether the regulation prevents landlords from allowing the installations, although I think it does. You might check the FCC website, or telephone them.

: New York law, Real Property Law 223-b makes it illegal for a landlord to retaliate against a tenant for exercising his legal rights. You can review the text of the law on the website to see how the law works. Unless you fit within one of the categories described in the law as prohibited retaliation, under most proprietary co-op leases, the co-op board would have the right to decline to renew a sublet for any reason or no reason at all.

: : The Bd of Directors of my bldg is refusing to renew by sublease and refuses to give either myself or the primary tenant a reason. I have been going back and forth with them for over 3 months and can't figure why?
: : I work 12-14 hours a day, my husband is in school 8 hours a day and we are never even home. We never see anyone and we pay all our bills on time.
: : There was one incident - 3 months after we moved in we purchased a satellite dish - we were told by the installation technicians that it had to be appended to the building. So, I called the mgmt office and spoke to the bldg owner, who is also the President of the Bd of Directors, and asked if I would be allowed to install this dish. He didn't sound too agreeable but he said I needed a signed agreement from the Primary Tenant and the approval of the Bd of Directors, which he would bring to the attention of the Board. I obtained the signed agreement 3 days later a called back. I was told that the Bd would get back to me. 2 weeks later I called again and was told that they were still weighing the decision. I knocked on a boardmember's door that I saw fairly frequently in the mornings and was told that the Board had never been told of such a request. When I called the Mgmt office back I was lambasted by the owner for having even approached a boardmember, that I had no right to do so since I was only a sublessee and not a real tenant. This annoyed me and I laughed and said of course I was a real tenant and I had a real right to an answer to my request. He then said he doubted if he would allow these things to be put on his buildings but would get back to me after he spoke with the Board.
: : Another 10 days passed and so did my ability to get my money back if this dish could not be installed. Needless to say the final word was "NO" and I complained to him that I felt he had handled the situation very poorly and was truly unprofessional upon which he screamed at me that I was the unprofessional one and hung up the phone on me. Now I had never met him this but it soon became clear to me who he was after two incidences of passing a glaring stranger who seemed to know me and dislike me. The next thing I know my lease renewal is refused. Now this sucks!! He is wielding power and it's totally unfair. Though I don't have a great deal of money I want to fight him

Sorry, I left out "cover." Does the NY Real Property law COVER all tenants, or just stabilzed and controlled tenants.
Question: you refer to NY Real Property Law. Does that all tenants, or just stabilized and controlled tenants?

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