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Re: Landlord's unexpected visit and harrassing letter

Posted by Nick on February 22, 1999 at 13:25:45:

In Reply to: Re: Landlord's unexpected visit and harrassing letter posted by M.O. on February 16, 1999 at 13:17:16:

: Thank you. It is a rent-regulated apartment in New York City.
: Is the landlord's letter still effective to bring a holdover eviction, even if they inspected without notice? The contract seems to require 5 days notice for inspection.

: For TV cable, I have informed Time Warner of this issue.
: Besides, are there ways to seek any compensation for unlawful
: inconveniences we have suffered since two years ago?

: I appreciate your cordial assistance.

: : If this apartment is in New York City, you really have little to worry about, especially if you are rent regulated. If not, the landlord can generally refuse to renew the lease when it expires. The landlord's letter may have been a notice of default / notice to cure required by your lease. If you don't cure the alleged default, the landlord would have go to housing court to bring a holdover eviction proceeding against you. Even if the judge found that you violated a substantial obligation of your lease, you would be given ten days to cure the default under Section 753(4) of the Real Property Actions and Proceedings Law [RPAPL 753(4)].

: : You should complain to Time Warner Cable and to the New York State Public Service Commission (PSC) if your landlord won't let Time Warner in the building. New York State's Executive Law requires that a landlord give access to the cable company, and this law has been upheld by the U.S. Supreme Court [Loretto v. TelePrompTer].

Does the landlord have the right to require that the tenant be physically present while the cable TV tech is in the apartment? I have a market-rate apartment in a 90-unit building, and the landlady refuses to allow anyone access to any apartment in the buidling. The tenant must be there to let them in. I understand the old super used to let people like cable TV techs into apartments, but the new super stopped admitting anyone into apartments (even tenants who locked themselves out) when he found he could not charge for this. Could the stabilized tenants complain to the DHCR that this is a reduction in services? Could any tenant point to the NYS Executive Service law and demand that the landlady allow access to cable TV techs without the tenant being there (assuming the tenant orally approves)?

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