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Notice of non-renewal of lease, owner use occupance

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

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Notice of non-renewal of lease, owner use occupance

Postby rstbny » Sun Apr 23, 2023 3:40 pm

I live in a rent stabilized apartment and the owner sent me a notice of non-renewal of lease for owner use occupancy. It was served at the right time but it didnt specify an immediate and compelling need as to why the owner wants the apartment for family use. It only says that they need it for family, no further reasons provided. Does that mean that the notice is legally defective? Or are they only supposed to say what the immediate and compelling need for owner use is in the court documents?
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Re: Notice of non-renewal of lease, owner use occupance

Postby TenantNet » Sun Apr 23, 2023 3:56 pm

First, grab this: download/file.php?id=179

and look at p39 (page 8 of the file) under Owner's Use. This is from the 2019 rent law that made many changes.

As for defective, well, there's no simple answer as in a court proceeding, they will argue many factors. Still, that the notice doesn't specify might be material.

You say you were served with a notice. How were you server? By mail? In person?

Do you qualify for an equivalent unit? Have you lived there 15+ years? Are you 62+ years old? Do you have a disability?

These things can be very complicated. We suggest you consult with a tenant attorney as soon as possible. Make sure they have plenty of experience in owner use issues.

As of now, I presume you just got the notice, so you have sometime. Start now to get legal advice. Do not wait.
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Re: Notice of non-renewal of lease, owner use occupance

Postby rstbny » Sun Apr 23, 2023 5:00 pm

Thank you, I appreciate it. I am having trouble downloading the pdf file you posted so I did not read that yet.
But to answer your question, the notice was taped to my door and sent via mail as well.. The notice was sent at the right time but doesnt say anything about an immediate and compelling need as to why they want to use it for owner occupancy. I havent gotten the court documents yet so I am waiting to be served before reaching out to an attorney.
Last edited by rstbny on Sun Apr 23, 2023 6:21 pm, edited 1 time in total.
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Re: Notice of non-renewal of lease, owner use occupance

Postby TenantNet » Sun Apr 23, 2023 5:13 pm

Sorry, try this:
http://www.tenant.net/phpBB3/download/file.php?id=179

What do you mean the "right time?"

Do NOT wait until you get court documents. That would be a mistake in our opinion. It would be best for a good tenant attorney to send the LL a letter putting them on notice, given the background you describe. You must hit back, and hard.

LLs file false cases all the time. I would not get caught up on their failure to state an "immediate and compelling reason." Chances are the courts will allow them to amend that.

And don't get caught up in the use of "fraud." You need legal help ASAP.
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Re: Notice of non-renewal of lease, owner use occupance

Postby rstbny » Sun Apr 23, 2023 5:44 pm

Thank you.
I read the file you posted and it says, "Landlord must have "immediate and compelling necessity" to recover apartment".
It doesnt specify that it need to be written in the non-renewal notice. So if they go to court and put in that they want the apartment because they are at risk of covid for example, then does that count as having an "immediate and compelling necessity" even though everyone is at risk for covid and the govt removed the emergency protections? Or should they have written it in the non-renewal notice given that covid existed at the time it was served?

When I say that the non-renewal notice was served on time, I mean that it was served between 90-120 days before the lease expired. I believe that means that it was served properly.

I cant afford a lawyer so I was hoping to obtain counsel from the right to counsel program in housing court. I was under the impression that I would need to be served the court documents before I can reach out to them. Is that not the case?
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Re: Notice of non-renewal of lease, owner use occupance

Postby TenantNet » Mon Apr 24, 2023 12:51 am

That's a description; you need to look at the actual language in the law, and you have to look at how it's been interpreted in other cases. And don't get caught up in hypotheticals like Covid.

As for proper serve, well maybe, but maybe not. A notice of non-renewal is not the same thing as serving a petition. Does you lease say how notices must be delivered? That would be a minimum, but the law might be more restrictive.

If your income is sufficiently low, then RTC would be the way to go. But understand that right now there are huge backlogs. It's not easy to get a RTC lawyer, but I'd try anyway, anbd be persistent.
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Re: Notice of non-renewal of lease, owner use occupance

Postby TenantNet » Tue Sep 05, 2023 10:29 pm

We've asked this user, rstbny, to continue current events on his case on this thread instead of creating a separate thread. That's the only way to follow cases.

That thread is now locked, but to see recent events, go here:
viewtopic.php?f=2&t=15035&p=62328

Or see below.
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Re: Notice of non-renewal of lease, owner use occupance

Postby TenantNet » Tue Sep 05, 2023 10:31 pm

Here are the four posts that should have been a continuation of this thread.

Inquest?
Postby rstbny » 05 Sep 2023 06:39 pm

I live in a rent stabilized apartment, an owner of my building started an eviction proceeding against me in housing court. I went to court first time, got an adjourment and met with a tenants attorney through right to counsel. Attorney said that she would represent me in full and I was relying on that. Now there is an inquest listed on my case. Does that mean that the attorney did not show up to court and I am being evicted? Or can my attorney request an inquest to see if I was served correctly or if there were other issues? I thought I had a strong case, now I am scared that I will be evicted. Is there anything I can do to resolve this matter?

Re: Inquest?
Postby TenantNet » 05 Sep 2023 07:05 pm

Does this has something to do with your previous posts? If so, then add this to the previous thread; don't start a new one. Otherwise a reader will have no idea what you are talking about. An inquest is essentially a judicial inquiry, and it can be for almost anything. How do you know there's an inquest? How were you notified? Was a motion made by either party? A judge will not do something just out of the blue.

Are you in touch with the attorney? It sounds like not all that much, or not at all? Did the attorney send you papers on what she is doing? Do you and the attorney have the same strategy on the case? With email it's very easy for a lawyer to keep you informed and there should be a general agreement as to the strategy of the case, i.e., your defenses and counterclaims. OTOH, as much as you have a right to know, you can't be too much of a back-seat driver either.

I'm just guessing this is part of what is going on as it sounds like you are not aware of things.

As for the initial meeting with the Right to Counsel lawyers, you're lucky if you got one. Many tenants don't (and some don't have a lot of experience). Just make sure they know what they are doing.

You get on the phone and call the lawyer. Talk with her and make sure she answers all your questions. Have a little patience as many of these lawyers are overworked. Still, get some answers.

Re: Inquest?
Postby rstbny » 05 Sep 2023 08:17 pm

Thank you. This is about housing court which is why I posted on this forum instead of the other one. I do not know how to combine the two threads, I am sorry about that.
I saw on ecourts that the judge scheduled an inquest. There is nothing about a lawyer representing me so it looks like she didnt show up at all. Everything I read about inquests shows that its for when a defendant defaults so it looks like no one was representing me. Its too late to reach out to the attorney now but I do have the agreement from her that she will provide full representation so I thought she would show up in court. Now it looks like she didnt do that and I will be evicted.
Do I contact the court tomorrow and let the judge know that the lawyer was supposed to show up but didnt? Do I just show up to the inquest hearing and question the owner to see if she is being honest about everything (she is not)? I am scared and dont understand what I am supposed to be doing or who to turn to (I will try calling this lawyer but do I trust her moving forward since she didnt show up?). I am shocked and confused about what is happening and have no idea how to proceed. Thank you for your help, I appreciate it.

Re: Inquest?
Postby TenantNet » 05 Sep 2023 08:43 pm

You don't 'combine' threads; you put new posts on as a continuation of the old thread. Please do that as it's the only way I and others can make any sense out of this. This forum is a teaching tool, so users should not have to search 20 years of posts just to find where you left off, or have you repeat everything from the earlier thread. So please do that and I'm locking this thread.

Also, if you don't mind, please send us by Private Mail the docket number of your case, the name of the attorney and the legal provider where she works. Make no assumptions. Get the facts first.

I have a feeling the problem can be fixed, and you will likely will not be evicted. Things don't happen that fast. Hold onto every piece of paper you get (including envelopes) and get written confirmation on everything.
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