Posted by Stephen on March 09, 1999 at 19:05:12:
In Reply to: Re: Can new landlord force us to move .....? posted by DK on March 09, 1999 at 18:45:53:
The purchaser place a bid with the condition that we need to move upstairs. Currently, there are two smaller apartments upstairs, and
one is vancant. The other is coming to be vacant. now, we just bought a new refrigerator for this apartment because the landlord does
not want to replace the old non-defrost one, and the landlord said that we had to move upstairs. The current lease, for this rent
stablized apartment, will expire on Oct 31st. What kind of legal strategy we can have? Can we request the two apartments upstairs to
be combined, so that it becomes roughly the same size as our current one? Do we need to get a lawyer now?
Thanks a lot for the help.
: You should carefully review the provisions of the Rent Stabilization Code governing owner-occupancy. (Rent Stabilization Code § 2524.4, which you can find on the tenant.net website) The current owner, who does not intend to occupy your apartment, has no right to force you to move, but the purchaser might be able to do so when your lease expires. You should think through your negotiating position to make sure that you are not just doing a favor for the current landlord without getting any longterm protection for the sacrifice.
: : The old landlord plans to sell the brownstone building, which has 8
: : apartments. Two of those apartments (on the first two floors) are occupied
: : by the landlord, and four are are occupied by tenants, and two are vacant.
: : (One of the vacant is on 3rd floor, and the other is on the 4th floor.)
: : The landlord plans to move us to the apartment one floor up, which is
: : much smaller, so that the new landlord can live on the first three floors.
: : Does the old landlord have this right? Or can the new landlord
: : force us to move to the smaller one on the upstairs?
: : Thanks.
: : Stephen
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