TenantNet Forum

Where tenants can seek help and help others



Rent-Stabilized - Received a Notice to Terminate

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

Moderator: TenantNet

Rent-Stabilized - Received a Notice to Terminate

Postby skar0913 » Tue Oct 31, 2017 9:41 pm

Hello All,
So lived with my mother in same rent-stabilized apt for 20+ years. She past away and I invoked my succession rights and informed the landlord. Landlord has not given me lease renewal and have not cashed the rent check for 3 months (sent via certified mail) and asked me to fill out a new rental application which I refused.
I consulted with a tenant attorney while this was happening.
Just received a notice to terminate by LL asking me to leave in 1 week. I don't believe its a legit and will consult the attorney 1st thing tomorrow morning.

Any advise or things I should know, anyone went thru the same thing.

Thank You
skar0913
 
Posts: 11
Joined: Tue Jun 30, 2015 12:40 pm

Re: Rent-Stabilized - Received a Notice to Terminate

Postby TenantNet » Tue Oct 31, 2017 10:22 pm

For succession rights, before anything -- even while the original tenant is still alive - we strongly recommend consulting with a tenant attorney who has experience with succession cases. Some of our advertisers fit that bill. The reason we say this is to make sure that your arrangement in the apartment is set up properly in anticipation of claiming succession rights, and - important - if there are problems, it's best to identify them before hand, and make corrections.

You say you've already consulted with a tenant atty (can you tell us who it is by private mail?). It will save a lot of time in litigation, and angst. (although it will probably cost you some money). In the end, it's about your home.

As for rent, keep paying by certified mail. Make sure the money is safe and that you don't touch it. In the end there is a possibility that the LL might not be entitled to rent for the time in which you were not the tenant (before you get a lease), so it might not be a bad thing for the moment. Just make sure you have the money in a safe bank account.

I think you were correct to refuse to fill out a rental application.

As for Notice to Terminate (should be Notice of Termination), it is supposedly ending the landlord-tenant relationship based on some reason, and usually done mid-lease. You say you're RS, so even without succession, the estate of your mother has the right of occupancy until the end of the current lease. That often means the executor designated by the will or the Surrogate Court. We can't advise you on estate issues though.

Is the LL by any chance claiming your mother was not RS? Of course that would be odd as succession only exists for RS tenancies, but I've seen stranger things.

Is there anything that he might be claiming that you don't have succession rights, i.e., the two years of living in the unit prior to her death?

As for the length of time in the Notice of Termination, I've seen various time amounts. Some sites say it must be 30 days (i.e., the end of November), but I've never seen one week. I don't think that is allowed.

FYI, I've been through holdovers, and I've worked with estates after a tenant dies, but not succession cases.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9238
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent-Stabilized - Received a Notice to Terminate

Postby skar0913 » Mon Dec 11, 2017 10:22 pm

Hello
1. Thank you for all the advice its been useful.
2. I have since retained a lawyer when the actual holdover gets served to me.
3. I was just served and LL is not recognizing my succession claim.
Q1. I told my lawyer that I will take took off work to appear. My lawyer
says no you don't have to take off. He was drafting an answer which I
will look over before he goes.

I asked him twice that I don't need to appear and he said no it is fine.
As he was going to submit my answer and ask for adjournment.

As he is my legal representative I just wanna kinda confirm that I
personally don't have to appear. I did some google searches and can't
seem to find the answer
4. In the holdover notice it list a 2nd person called John Doe (my half-brother who lives
with me).
a. He was served a separate copy
b. He is not currently represented by a lawyer or my lawyer
Q1. If my brother does not appear in court but my lawyer does:
Can a summary judgment against my half brother be made against him and he could be evicted right away. But since my lawyer appears for me a summary judgment can't be made against me. Is that even possible?

Thank You
skar0913
 
Posts: 11
Joined: Tue Jun 30, 2015 12:40 pm

Re: Rent-Stabilized - Received a Notice to Terminate

Postby TenantNet » Tue Dec 12, 2017 1:32 am

I'm curious who the atty is that you hired? Can you tell us by private mail?

Submitting an answer is probably the first step - unless you want to submit a pre-answer Motion to Dismiss (that's an entirely different conversation). Make sure he shows you the answer before he submits it. Remember, he works for you.

Do you absolutely need to appear? Probably not as long as you are represented, but it can't hurt anything. And, if you want to be aware of all that goes on, as you should, then it would be good for you to be there. Even if it's only for an adjournment, which is to be expected the first time on, you should start getting used to how the courtroom works.

Asking for an adjournment is normal, especially in December. Nothing will really happen until in January, or even February, But you really need to discuss the case with the attorney, his assessment of what can happen, how strong your case is and ... most important ... how the case should be handled. What is the strategy. I hope you had all these discussions before you hired the person.

Landlord often list John Doe's. That is normal even if no one lives with you. The LL seeks possession of the apartment from whoever is there. Serving John Doe is the right way to do things. Many LL's don't even do that.

Theoretically your brother can get his own attorney and make his own appearance in court (or your atty can represent both of you). But what is best depends on many things, so I can't advise you on that. He should probably do so if his interests do not coincide with your interests. Does he have his own succession rights? Or is he a roommate of yours?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9238
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent-Stabilized - Received a Notice to Terminate

Postby skar0913 » Sun Mar 17, 2019 12:47 am

Hello All,
Just an update on my case. I went thru several motions and had a deposition. After the deposition the LL lawyer filed a motion to relive himself from the case.
Soon after the LL cashed all my rent checked except for 4 that he returned. The case is no longer on the court calendar. So far the whole ordeal is now taken 1yr 6 months with no real resolution. The LL is cashing my rent checks but still no new lease.

thank you
skar0913
 
Posts: 11
Joined: Tue Jun 30, 2015 12:40 pm

Re: Rent-Stabilized - Received a Notice to Terminate

Postby TenantNet » Sun Mar 17, 2019 1:30 am

I haven't gone back to re-read what this case is all about -- it's been over a year since your last post.

Curious who is the LL and who is the LL attorney? Do you have an attorney? Can you tell us via Private Mail (the PM button on each post), not to the public area of the board.

Was the LL's motion to be relieved from the case granted? If so, did the LL get a new attorney?

Just FYI, cases can be "off calendar" and still be active. All it takes is a motion by the LL to put it back on the calendar, so it might not be over yet. Cases can be sort of "over" if discontinued, or if dismissed, or if the court issues an order. And if the latter, appeals may be made. Not saying it will, but things like that are always possible. There are always ways to bring it back. The LL can appeal, they can re-argue, they can get an Order to Show Case (OSC), although in general there are time limits for those way to re-open a case. Not trying to scare you, but just be careful. Also, in general, the more time that goes by, the harder it is to re-open.

On the returned checks, well keep them and make sure the money stays in your bank account or some form of escrow. Do not spend it.

As for no new lease, well in general that might be a good thing as your rent can't go up - for RS units - without a new lease. Unless you have a reason to push that, I wouldn't. You are still a RS tenant and still have all the rights of a RS tenant.

18 months .. is that all? I've seen cases go over 15 years.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9238
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent-Stabilized - Received a Notice to Terminate

Postby skar0913 » Wed Mar 20, 2019 11:30 am

Hello,
My apartment is a RS unit where i lived with my mother since 1989. She passed away, I invoke succession rights. The LL filed a holdover proceeding against me.

The returned checks are in separate account that I do not touch.
LL has offered a buyout but i will decline it after the taxes and fees its worth nothing it won't even pay for 1 yr market rate rent in my neighborhood. Since there are 2 other RS units in my building I don't believe I have leverage to get a bigger buyout.

Thank You
skar0913
 
Posts: 11
Joined: Tue Jun 30, 2015 12:40 pm

Re: Rent-Stabilized - Received a Notice to Terminate

Postby TenantNet » Wed Mar 20, 2019 12:18 pm

In general if the successor (you) lived in the unit for two years prior to the original tenant's leaving (or passing), then you should have succession rights. DHCR has a form to submit prior to all this happening that should make it easier, but it's not required you go through that process.

Yes, LLs will fight succession claims. They can also be complicated which is why we recommend tenants consult with or retain a tenant attorney who knows how this works. It can be money well spent.

With holdovers, the idea is that the LL has terminated the lease, and that is why they return checks. If the LL accepts rent within the window period (after termination but before the commencement of the housing court proceeding), that can "vitiate" the holdover by reinstating the LL-T relationship, i.e., the tenancy.

Buyouts can also be tricky, once you deduct taxes and attorney fees (to your attorney). IMHO, buyouts would have to be pretty substantial to make them worthwhile.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9238
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 4 guests

cron