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10 Day Notice to Cure

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

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10 Day Notice to Cure

Postby brooklynstabilized » Mon Feb 04, 2019 9:02 am

Hi Guys,

So after being constantly harassed by our Landlords, they finally had a lawyer mail us a 10 Day Notice to Cure. Of course they lied about most of the things listed. They said my dog is a lease violation even though I had him for 11 years with the prior Landlords permission. They also said he defecates, and urinates in the hallway which is 100% not true. They have cameras in the hallways so I don’t know why they’d be stupid enough to outright lie about that. They also said we assaulted and harassed tenants which is another lie. All of the remaining tenants are in the Tenant Association with. They also claim we smoke in the apartment even though I’ve told them multiple times that my Mom quit a long time ago when she was diagnosed with COPD. Plus there is nothing about no smoking on our lease. They’re trying to use that to claim we’re creating a nuisance. They want to get us out because we’re rent stabilized, and pay very low rent. They also are threatening another Tenant in the building that’s rent stabilized saying she has to move when her lease is up because she’s illegally here.

I contacted our Tenant Association attorney, and he believes we have a good case of retaliatory eviction since we complained to Department of Buildings, and HPD which are listed on their site. They had construction workers doing work illegally without a permit. No notice to Tenants, and no Tenant Protection Plan registered either. They ripped out my back window sill which leaves us unable to fully close the storm window letting cold air come in all day. They also had their contractors cut our Verizon Fios cable, and they also did it to another Tenant in our Tenant Association in another Apartment. When I emailed them to let them know what their contractors did, they simply said they’re sorry about that but there are to be no wires hanging from the building, and no holes drilled in the windows. They also said the Verizon tech cant have access to the yard or basement knowing full well they need access to make the repair. We had the Verizon tech come anyway and he patched it together, but we have to leave our living room window open an inch to let the wire in since they won’t allow any holes drilled. I have video of the Landlords wife yelling outside our door at 1:00 am saying we smoke and it’s disgusting and that they’re not renewing our lease because we’re a nuisance. The camera shows we were sleeping at this time. They threatened us multiple times to not renew our lease.

The latest harassment issue was in December their contractors were in our basement right below us using power tools all day. They blew our fuse 4 different occasions. We emailed them to let them know what their contractors were doing and of course they denied it and said it was my mothers TV that blew the fuse. I told them a TV doesn’t blow a whole apartments fuse, and informed them its back up because the contractors put another fuse in. They claimed it just came back up on its own which is ridiculous because once you blow a fuse in an apartment you have to put a new one. I contacted Con Ed and purposely told them to keep this on record. They told me I would have to wait for my bill to see if it’s higher than normal. Turns out it went from $74.00 with a little over 200 kilowatts to $150.00 saying we used 666 kilowatts. That’s proof right there. The only time we ever use anything close to 666 kilowatts is in the summer when we run our air conditioner all day. This seems to me like textbook retaliatory eviction, but I don’t know how the judge will see this. What are your thoughts on our chances of fighting this eviction?

FYI.. Con Ed is scheduled to investigate February 11th, but the contractors are no longer working due to the building having a Stop Work Order, and Partial Vacate order due to the illegal and dangerous work that their contractors were doing, which is why they’re trying to evict us now. Thanks.
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Re: 10 Day Notice to Cure

Postby TenantNet » Mon Feb 04, 2019 11:23 am

Your LL is lying about things? I'm shocked!

If this goes to trial, it's the LL's obligation to prove allegations. Even if true, some items may not amount to such a nuisance that one could be evicted (although some might).

As for smoking, well sure, your mother quit a long time ago. But if you can does she have doctor's notes that can verify this?

But keep in mind that as rent stab tenants, LLs cannot change the terms and conditions of your lease, and that includes smoking - unless it is illegal or prohibited when you took occupancy. It's can still be illegal in the public areas of the building, but not in apartments if not in the initial lease.

For the dog, if you've kept him openly and notoriously more than 90 days, then it's OK. There are pages on this site that go more into detail about the right to a pet. Assuming you walk the dog, that's openly and notoriously.

What you can do is send the LL a certified letter RRR that denies all the allegations. State they have not occurred and are the LLs imagination, or that they have been cured if that's the case.

Yes, there are provisions for claiming retaliatory eviction, but that is limited. After six months, that protection goes away (so complain about something every five months). Sounds like you have many issues for which to lodge complaints. I would consider a harassment complaints (not the same thing as ret. eviction) and I would try to do that with the various tenants in the building. Strength in numbers.

Let's hope your attorney is an experienced tenant attorney, not some guy who also does slip and falls.
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