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Eviction from Apartment Based on Owner Occupancy

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Eviction from Apartment Based on Owner Occupancy

Postby Cylon452 » Fri Oct 21, 2022 1:54 am

Hello all

re: Fact Sheet 10
https://hcr.ny.gov/system/files/documen ... 9-2019.pdf

This will effect all Rent Controlled(RC) and Rent Stabilized(RS) units.

I was reading Fact Sheet number 10. Eviction from an Apartment Based on Owner Occupancy.

How often does this happen ? In my case i am 65 years old and on disability. I Rent an Stabilized(RS) Unit and on the DRIE program in Boerum hill Brooklyn for over 16 years. There are 3 units that are RS renting from 1,200 to 1,500 per month. There is no J-51 and 421a here.

The other units are free market rent apartments in my building renting from 4,000 to 5,000 per month. Newly renovated and the works ( Architectural digest style compare to our RS units. )

Fact sheet 10 except:
' In NYC, an owner may refuse to renew a rent stabilized tenant’s lease because the owner has an immediate and compelling need to possess the apartment for use as his or her primary residence or as a primary residence for his or her immediate family. Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the
current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.'

Here is the Question for Tenant.net
and all Rent Controlled(RC) and Rent Stabilized(RS) units this could effect and a reading this post.

1. What is to keep LL from selecting my RS unit ( or yours ) and deregulating it instead of picking a free market unit to live in that's renting over 4,000 to 5,000 per month in the same building. This is deep. Is this really happening ?

2. If this goes to court will the judges say " pick the free market units we know what you're trying to do. To deregulate another RS/RC unit. Pick the free market unit. Case Closed."

3. Does HCR get involved and say "pick a free market unit application denied."

FACT SHEET 10 also mentions this:
' Additional rules apply concerning evictions based on owner occupancy:

1. An owner cannot evict a tenant from a rent stabilized apartment in NYC if the tenant or
the spouse of the tenant is 62 years of age or older, or has been a tenant in a dwelling unit
in the building for 15 years or more, or is a disabled person unless the owner provides an
equivalent or superior apartment at the same or lower rent in a nearby area.

2. An owner cannot evict a tenant from a rent stabilized apartment outside of NYC (“ETPA”)
or a rent controlled apartment state-wide '

Here is another key phase in fact sheet 10:
unless the owner provides an equivalent or superior apartment at the same
or lower rent in a nearby area

What is a near by area? 10 to 500 feet, 1/2 a mile or within Boerum Hill area where i have ties here. There are NO 1,500 dollar a month one bedroom rentals in Boerum Hill.

Can we as RC/RS fight this and WIN ?

Full Fact sheet 10 here:
https://hcr.ny.gov/system/files/documen ... 9-2019.pdf
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm

Re: Eviction from Apartment Based on Owner Occupancy

Postby TenantNet » Fri Oct 21, 2022 4:01 am

It does happen. How often, I can't say. You could ask DHCR (good luck), but you could also FOIL all decisions/orders where they approved it. Of course some will be appealed further in court.

You don't say if your LL is making noises about this. Even if not, best to learn all you can and be prepared.

It has tightened up since 2019. Before, RS/RC units could be recovered if the owner or immediate family intended in good-faith to occupy the apartment as their primary residence. Of course, that's a lot of room to wiggle and commit fraud.

See Judge Lebovits survey of the 2019 law for a summary of the new provisions (page 39, page 8 of the file). See the link at the Forum's home page. Of course, if you are 62 or older, LL must provide equivalent or superior unit at same price nearby. I don't know if any of that has been challenged in court.

AFAIK, DRIE/SCRIE should not be a factor here, either way.

The notice - similar to a GOLUB notice, must be served properly. Cases do get tossed for lack of proper service and LL has to start over again, usually in 2 years.

Q1. Yes, it happens, not sure about after 2019.

Q2. Can't say what a judge would do, but in these situations, it's critical to fight the DHCR application tooth and nail, and then any court appeals. And it's critical you have help from a good tenant attorney.

Q3. What is considered to be near-by? I don't know. I would say within a few blocks, same neighborhood, but obviously a LL would disagree. Being a senior, you would want an elevator building with various amenities (laundry, etc.), and close to things like a supermarket. Make your wish-list. Start with what you current building has, and then add things you will likely need as you grow older.

The LL would have to find an apartment - at whatever the cost is - and if it rents for over what you're paying, then the LL would have to subsidize the difference. Not sure if DRIE tax abatement would go to current or new LL.

One thing to ask, this applies only if the owner is a person, and not a corporation or partnership.
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Re: Eviction from Apartment Based on Owner Occupancy

Postby Cylon452 » Fri Oct 21, 2022 11:33 am

Thank you for answering my questions. This is why i made this post for all to see.

I also read this - Page 19 to 22
State of New York 2019-2020 Senate Assembly.
https://rentguidelinesboard.cityofnewyo ... f-2019.pdf

The State of New York is nebulous ( aka cloudy, unclear ) too when it states 'near-by area'.
What if we RS/RC lose in court?

1. Does our current building owner have to find us another rent Stabilized unit near by with
the same rent i'm paying now and same number of rooms?
From what i read yes. But i could be wrong. DRIE will have to apply as well.

2. Who pays for the moving cost for us? This i cannot find in the links above and below:

https://hcr.ny.gov/system/files/documen ... 9-2019.pdf
Not mention on subject of owner occupancy
https://hcr.ny.gov/system/files/documen ... tation.pdf
Not really mentioned here:
https://ag.ny.gov/sites/default/files/c ... nt-law.pdf

From Tenant.net
' See Judge Lebovits survey of the 2019 law for a summary of the new provisions (page 39, page 8 of the file).' "Yes i will look that up."

'One thing to ask, this applies only if the owner is a person, and not a corporation or partnership'

All i have is a management LLC. This is where i send my rent checks too. A management company. I'm trying to find the owner of this building.
Management company will NOT give me his/her name. I though this is public record, if so how do i find out the True Owner of this building - like name and contact number.

I'll ask one of the free market tenants for his name and number and claim i lost it. They do not know I'm a RS unit. Need his name in case i have to file against him or them.

I will keep you posted on this if i do not get a new lease. If anyone has been a victim of this shady practice please let us know and what you did to win.

Now i'm off to the dental surgeon now to have a tooth or 2 removed at insane prices.
You know fun stuff. Tooth fused to the bone.

My new name should be - Mr. Stressful without some teeth
You all have a good weekend. :-)
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm

Re: Eviction from Apartment Based on Owner Occupancy

Postby TenantNet » Fri Oct 21, 2022 1:14 pm

I think we answered most questions. DRIE applies to the tenant, not the building. So if you qualify, it would then be an abatement for the owner of the new building.

On other things, i.e., moving costs, you're getting way ahead of yourself.

For the owner, check ACRIS, the land ownership database from the NYC Dept. of Finance. https://a836-acris.nyc.gov/CP/

You should get your block/lot number and use that. Also see https://zola.planning.nyc.gov/about/

If you've ever been taken to court, we believe the name of the owner has to be listed in court papers.

You haven't said what the LL is doing to make you so stressed. Has he said or done anything? Don't get too far ahead of yourself.
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Re: Eviction from Apartment Based on Owner Occupancy

Postby Cylon452 » Fri Oct 21, 2022 2:28 pm

This is why i am stressed. But Thank you for de-escalating me. Maybe my radar and sonar is set to high, i'll take it down a notch or 2.

Here is what he has done to other this year:
He has already removed all the free market tenants by increasing there rent from last year 2021 from 3,500 per month to 4,500 and 5,000 per month this year 2022. They refused to stay and left. These free market apartment were filled within 2 months. He found people willing to pay these prices for rent.

So i get this feeling if he did this to them he will try any means to try to get us RS units out.
After reading Fact Sheet 10 and the other links from the State of NY he does have ways to do this.
More Ammo for Deregulation.

Yes i do feel i am putting the horse in front of the cart and getting ahead of myself, but i feel i should educate myself and be prepared for a fight for my Unit. If nothing happens Okay, but if it does i want to ready.

Thank you for helping us all out an you guys Tenant.net have a good weekend
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm

Re: Eviction from Apartment Based on Owner Occupancy

Postby TenantNet » Fri Oct 21, 2022 2:54 pm

Yes, get educated. But don't let it control your life. Any chance he might want to demolish the building and build a new one? He would have to get DHCR permission.

And for the people paying $5,000, perhaps they should check to see if there's a chance their deregulation was legal.
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Re: Eviction from Apartment Based on Owner Occupancy

Postby Cylon452 » Wed Nov 16, 2022 6:53 am

Hi

Sorry the late reply. The units got deregulated before i was educated ( still learning ) in rent stabilized laws and it is complicated in my opinion on purpose. I started learning our rights and this was during the Bloomberg time. i also LL come here to see what's going.

3 RS units left in a 8 unit building. Rest are free market uniys. Owners are still trying to rent some units and i found a real estate agent floating in the building trying to rent the Free market units. AS for demolition this building is sound meaning NO Violations. I know they have to file at HCR for demolition, anyway i can find that out ?

But i do know this a trick they can use to wipe out RS units building wide and/or Buy outs,and gut rehabs. I'm sure the NY State, HPD, HCR (aka DHCR ) and Courts are aware of this tactic since the new RS 2019 laws. Also LL are not renting vacant RS units on purpose hoping the 2019 laws are overturned.

I keep my eye out weekly ( checked BIS website ) https://a810-bisweb.nyc.gov/bisweb/bsqpm01.jsp
No permits as of 11/16/2022 have been filed.

Do you know about websites like DHCR and other Websites so if LL tries that i can be prepared for a fight, Any other Sites i should monitor on my Radar and Sonars ?

i took the tenant to DHCR years ago. By the time i got their DHCR they told me i could only represent my unit only. I pushed the issue with the DHCR at 55 Hanson Place with the tenant with me.
I was told her the status of limitation has expired. This was during the Bloomberg time.
i found this:
https://nycourts.gov/courthelp/GoingToC ... hart.shtml
section: Contract in writing 6 years CPLR 213(2)
I don't thinks this applies. This is what i got so far. Will continue scouting information for others here who are RS and RC tenants.

I don't trust DHCR in reference keeping up with the changing RS laws.
Also i try to help others here. Wish i could Help more.

Studying Multiple Dwelling Law now ( this will take awhile ):
https://www1.nyc.gov/assets/buildings/p ... ingLaw.pdf
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm


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