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Eviction Concerns

NYC Housing Court Practice/Procedures

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Eviction Concerns

Postby FlatironFrustrated » Tue Oct 23, 2007 12:32 pm

Our landlord is being taken to court on October 25th by the NYC Department of Buildings for a range of violations in our building. Tenants currently occupy all 4 units on top of a restaurant and we fear potential eviction from the property given the feedback we're receiving after moving in just starting August 20th.

If we should be concerned, I'm very interested in suggestions of a lawyer to discuss what our options are as we cannont financially afford to move again at this time.

Any advice would be greatly appreciated.

Sincerly,
-FlatironFrustrated
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Postby TenantNet » Tue Oct 23, 2007 12:52 pm

If you're on leases or rent regulated, then LL can't evict you without cause. Only way DOB would vacate the building is if they found it unsafe. (removed the link as the actual address isn't pertinent). Many tenant lawyers advertise here. Shop around ... go for a consultation.
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RE: Eviction Concerns

Postby FlatironFrustrated » Tue Oct 23, 2007 4:32 pm

Thanks very much for your help.

Our concern is not that the landlord will evict us but that the DOB will. Do we have cause to sue our landlord in that case for recent costs to obtain the apartment?

On a side issue, he has repeatedly entered units without the permission or notification of tenants, is that legal? In a letter dated 10/2 I sent the following note to him and was met with a hostile rebuttal:

"Additionally, our apartment has been consistently accessed by other parties/authorities (not tenants), presenting the absence of security and what has become an invasion of privacy. We are happy to provide access to any authority figures as necessary, but by an appropriate and timely appointment that is scheduled in advance so that we may be present at all times during any visits. I trust you as our landlord, but was discomforted to learn about the instance where you messaged me via a text message (9/24) not to leave our door unlocked. I was later informed by one of the roommates that, in the same instance, he witnessed you unlock the top lock to the apartment with a key and enter to deliver a letter to us (if that occasion was also the instance where you attempted to deliver a copy of the lease, the letter did not contain a copy to be provided to us at that time). Please advise as to how we may address this problem as we have become significantly concerned and frustrated about the apparent and undisclosed lack of fidelity and privacy to our living/working quarters."

Again, I really appreciate your advice as I have never dealt with a situation like this before.

I'll be sure to consult a lawyer soon.

Cheers,
-FlatironFrustrated
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