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illusory tenant

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

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illusory tenant

Postby Coco » Wed Jun 19, 2002 11:21 pm

I have been involved, as a sub-tenant, in an illegal sublet/non-primary residence eviction for two years. The LL (new) made the mistake and signed a lease two years ago after sending a non-renewal letter to the tenant. I believe this, in conjucntion with the firing of their attorney, is the reason the LL removed the case from the calendar approximately 18 months ago. I have not heard from the LL nor have they excepted rent from me during this time. Rencently, I received a lease in the tenants name and no mention of non-renewal. I have occupied the apartment for 13 years and I believe I have a strong illusory tenant case. Should I pursue the case or wait until the LL re-opens the case? Should I sign my name to the lease and submit? And, how can I ascertain information on the rent history for other units in my building? (to show cause as to why the previous LL would overlook illegal sublets, implying collusion...1/3 of the long-term tenants in my 200 plus unit were ousted upon purchase of building.)
Coco
 
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Location: New York City

Re: illusory tenant

Postby MikeW » Thu Jun 20, 2002 3:34 pm

This may seem obvious, but get a lawyer. Illusary tenancy, especially in your case, which sounds more complex than most, is not something to be undertaken by amatures. The cost, risk, and potential reward, can be high.
MikeW
 
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Joined: Tue Mar 05, 2002 2:01 am
Location: New York, NY

Re: illusory tenant

Postby Phil Cohen » Thu Jun 20, 2002 4:12 pm

I agree with Mike re getting a lawyer. Sure, you can do a lot of research here--and maybe come up with a right answer. But how will you know that it's right?
All you need is a consultation at this stage. Be sure it's a good, experienced tenant lawyer. It'll cost you a couple of hundred bucks but it is worth it. You can start by perusing the ads here.
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
 
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Joined: Sat Mar 09, 2002 2:01 am


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