illegal eviction

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america

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I was told i had to leave my family apartment and can only stay for short visit.

This happened in Feb 1977 and i recently found out it was illegal and that i have a right to permanent stay. Its it true i was evicted illegally and i have a right to be reinstated on the lease.

I was living there with my mother, she die the previous year in Nov. When i inquired at the office about applying for an apartment, the official told me my name was not on the lease and i had to leave and could stay for short visit.


I have been staying on the weekends 2 or 3 times a month, in the summer for 1 - 2 months. My niece was the lease holder, but she haven't lived there. Other family members were living there, but all have left.
My sister was paying the rent for her daughter, but i'm paying it now for the past 3 months. I want to stay based on being a remaining family member.

I know now the housing official had to go to court to evict a person. do i have a right as remaining family member.

Thanks
 
You're asking about something that happened 33 years ago?

If your name never was on the lease, why do you believe you have tenant rights (even if you are now paying the rent for the person whose name is on the lease)?

Gail
 
NYCHA ( illegal eviction

Gail, tell me what u know. Not what you think. Why point the obvious, 33yrs.

I don't think it make a difference, since its not in the free sector.

Never said my name was not on the lease.
Name was on original lease, NEW YORK HOUSING AUTHORITY.
 
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In your initial posting, you stated "the official" (whomever that was) said your name was not on the lease. Later in the same posting you say your sister was the lease holder.

How did you respond to this statement 33 years ago?

Gail
 
The person at the front desk ( assistant, secretary, whoever). 33 years ago i just assume what the person said was fact. Since she did work there and having just lost my mother, i was in no condition to think straight.
My name was on the original lease my parents signed when they 1st moved into the apartment.

As i stated in the previous post, my niece name is on the new lease. I've been staying here on the weekend, sometime during the week and during the summer 1-2 months since 1977.

This is a rent stabilized apartment (NYCHA). I had lived there with my family since birth, as did the rest of my sibilings. No one else was told they had to leave and there were 9 of us living there.

Thanks
 
Thanks, but u seen not to have any more knowledge than i do and from what i have just found on tenants rights, no one has a right to evict u with out a court order.

Thanks
 
I don't believe Gail's answers warranted your response; Gail is trying to help you.

Your posts are not clear - if you clarify the timelines and the people involved (exactly who was on the lease at which point), it may be easier to assist you.
 
If the apartment was rented to someone by the New York City Housing Authority it couldn't have been a rent stabilized apartment. It was, and remains, a public housing unit. These are commonly called project apartments. They are owned, in this case, by the NYCHA. To reside in those units, your income has to follow certain guidelines. Or, you could be allowed to live there because of age or infirmity. Nevertheless, not everyone is permitted to reside in public housing. You also have be part of a family unit. Usually, adult children are not permitted to reside with their parents. Special circumstances, sometimes do allow exceptions, however.

From what I can gather in the TOP POST, you're right, a court is the only entity that can order an eviction.:yes: A landlord can only ask you to leave. Such a request is referred to as a notice to quit, or a letter to vacate.

Such notices provided by the landlord can be ignored. :confused: If they are ignored, most landlords will file an action in court to effect your eviction. A hearing is held, and usually an eviction order follows. A sworn law officer then carries out the order within the requisite time allowed. :bye:

However, if you voluntarily leave, after being asked to leave by the landlord; you've effectively evicted yourself. Once you do that, you have no legal remedy. This is what the TOP POSTER appears to have done 33 years ago. If this is true, you (TOP POSTER) have no legal remedy today. You evicted yourself, when you voluntarily did as requested!

:dunno:
 
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You are correct; no one can evict you without a court order granting such.

However, unless you again forgot to post useful information, you were not evicted.

You were told to leave and you did. This is not an eviction.

Gail
 
Gail, if an official tell u , u have to leave your home , thats an eviction.

Because the term eviction wasn't use, doesn't mean, i wasn't evicted.

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Amy, u are right. its public housing. But wrong about who can or can't stay.

From the info i have found, i have a strong case. Did u know that once u are in
a place for 30 days, u can't be thrown out. The person have to get a court order to remove u and that can be stopped.

I will e-mail the out come of my situation, which i think will be in my favor.
If not, i will apply for an apartment and in the mean time go travel in Europe / North Africa.
 
America- your time to protest an eviction was over 30 years ago. You really have no legal standing to bring such a dispute now, and yes, that really is fact. I'm not sure why you would even try to make such a claim at this point.

If you did have a legitimate argument to make what do you think you would collect for damages? Typically all you would get is compensation for expenses with obtaining another residence. You aren't going to get put onto the lease of this apartment with this complaint.
 
america said:
Gail, if an official tell u , u have to leave your home , thats an eviction.

Because the term eviction wasn't use, doesn't mean, i wasn't evicted.

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Click to expand...

You are very wrong. You were not evicted. If you were told to leave, and left of your own accord, you were not evicted.

Amy, u are right. its public housing. But wrong about who can or can't stay.

From the info i have found, i have a strong case. Did u know that once u are in
a place for 30 days, u can't be thrown out. The person have to get a court order to remove u and that can be stopped.

I will e-mail the out come of my situation, which i think will be in my favor.
If not, i will apply for an apartment and in the mean time go travel in Europe / North Africa.
Click to expand...


You have no case. At all.

Everyone, I suspect this poster will also come back in a week or so (maybe longer), tell us we were all wrong and that they successfully sued for thousands and thousands of dollars.
 
I've practiced law for 40 years.
This incident happened four decades ago.
I've never been as sure of anything in my life.
Unfortunately for the OP, there is no there there!
Besides, they'd have to sue a governmental body, which isn't easy.


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