---

Posted by Fred Lappert on February 20, 1999 at 19:18:01:

In Reply to: What are my chances to keep my apartment? posted by Linda on February 09, 1999 at 17:27:13:

This seems sufficiently complicated that you might wish to consult with
a good tenant attorney. You should not have to let the landlord install
water meters in your home. He can install them in common areas. It's not
like a smoke detector that's required. Your right to stay is another
issue; it appears it's not stabilized even though he's abided by rent
guidelines. If it's six or more units and constructed prior to 1974, then
chances are it should be stabilized. If not, then you're at his mercy. But
if not stabilized, then the permanent residency issue is meaningless as that's
a provision of stabilization and does not apply to non-stabilized tenants. You
do have a right to have a roommate and a right to sublet (RPL 226b), but
don't confuse those with primary residency. As to the zoning, it seems to
me that the landlord would have to legalize the situation getting a Multiple
Dwelling registration and a Certificate of Occupancy and not kick you out.
But that's why you should speak with a lawyer. I remember some discussion of
this on this forum a while back -- so do a search. But the bottom line is,
if you aren't stabilized, you have no right to a lease renewal.

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: This seems sufficiently complicated that you might wish to consult with
: a good tenant attorney. You should not have to let the landlord install
: water meters in your home. He can install them in common areas. It's not
: like a smoke detector that's required. Your right to stay is another
: issue; it appears it's not stabilized even though he's abided by rent
: guidelines. If it's six or more units and constructed prior to 1974, then
: chances are it should be stabilized. If not, then you're at his mercy. But
: if not stabilized, then the permanent residency issue is meaningless as that's
: a provision of stabilization and does not apply to non-stabilized tenants. You
: do have a right to have a roommate and a right to sublet (RPL 226b), but
: don't confuse those with primary residency. As to the zoning, it seems to
: me that the landlord would have to legalize the situation getting a Multiple
: Dwelling registration and a Certificate of Occupancy and not kick you out.
: But that's why you should speak with a lawyer. I remember some discussion of
: this on this forum a while back -- so do a search. But the bottom line is,
: if you aren't stabilized, you have no right to a lease renewal.


Optional Link URL:  
Link Title:         
Optional Image URL: 

---