Notice of Non Renewal for Rent Stabilized Apartment

[quuen]

Hi all, my grandmothers apartment which we had previously gone to court and won the right to stay in, (check my previous posts), suddenly received notice saying they would not be renewing the lease because they are claiming that she no longer resides in the apartment. However I am extremely perplexed by this because the management company that sent this no longer exists in the building because it was recently bought by a new owner. Even if this notice is not valid, I want to know if any one knows the legal rights as far as rent stabilized apartments in New York City. Does the leasee actually need to reside in the apartment, even if no one else is? If they asked to be let into the apartment to see if she or anyone else is residing there, do I have to allow them? Currently as per the court battle previously, I was granted legal permission to live there with her, however I do not as of yet deem the building/apartment safe for her health. Currently the new owner is completely rehauling the entire building and fixing it up. Can the new owner refuse to give us a new lease? My grandmother is near 80 and has lived in that apartment for over 24 years. The building is half rentals and half co-ops. The new owner is not resigning leases for those who are not rent stabilized, and will be selling the remainder of the apartments. The building is a non evict co-op, and I truly understand that they are trying to get every renter out, not to sure if its completely legal or not, or if people are just blindly moving out because they do not know any better. As per the previous court battle, we won the right to stay in the apartment pending a 1 year probation. The probation time passed without incident and we signed a new lease, which expires Jan 2005. In short what are our overall rights as tenants in a rent stabilized apartment? Thanks, E

 

[Michael Wechsler]

This is probably the most hotly litigated issue in housing court in NY -- whether the tenant or tenant's issue live in the apartment. Who is in the apartment? If it is you then they should not be able to evict you. If there is a tenant as part of a temporary sublet, I do not believe that they can evict either. However, if your mother has permanently moved out and you are renting it to an unrelated third party, then you may have a problem.

There are numerous stories about people going through insane means to be considered family of the tenant, e.g. adoption. No, I'm not kidding! The law has reacted and, additionally, rent stabilization is being phased out over the course of the next several years in various forms, e.g. rent can be increased and if it hits the number (currently $2,000 I believe) then the apartment can be de-stabilized.

Originally posted by quuen
Hi all, my grandmothers apartment which we had previously gone to court and won the right to stay in, (check my previous posts), suddenly received notice saying they would not be renewing the lease because they are claiming that she no longer resides in the apartment. However I am extremely perplexed by this because the management company that sent this no longer exists in the building because it was recently bought by a new owner. Even if this notice is not valid, I want to know if any one knows the legal rights as far as rent stabilized apartments in New York City. Does the leasee actually need to reside in the apartment, even if no one else is? If they asked to be let into the apartment to see if she or anyone else is residing there, do I have to allow them? Currently as per the court battle previously, I was granted legal permission to live there with her, however I do not as of yet deem the building/apartment safe for her health. Currently the new owner is completely rehauling the entire building and fixing it up. Can the new owner refuse to give us a new lease? My grandmother is near 80 and has lived in that apartment for over 24 years. The building is half rentals and half co-ops. The new owner is not resigning leases for those who are not rent stabilized, and will be selling the remainder of the apartments. The building is a non evict co-op, and I truly understand that they are trying to get every renter out, not to sure if its completely legal or not, or if people are just blindly moving out because they do not know any better. As per the previous court battle, we won the right to stay in the apartment pending a 1 year probation. The probation time passed without incident and we signed a new lease, which expires Jan 2005. In short what are our overall rights as tenants in a rent stabilized apartment? Thanks, E

 

[quuen]

Re: Re: Notice of Non Renewal for Rent Stabilized Apartment

My son and I actually live there, however I am not on the lease. I never added myself to the lease because of the court papers stating that I was allowed to move in. My grandmother currently lives with my mother about 5 minutes away, she is sick and bedridden and needs 24 hour care. Although I am almost positive they would have no case, I still cant understand why it is the old management company that sent this letter when as of July 1st they ceased to exist in the eyes of the building, which was purchased by a different company. The other question was whether if they come knocking on my door, whether I have to let them in to see who is living there. We have a far way to go before the de-stabilization can hit us (the rent is currently under $500, which of course is unheard of in new york anymore. And yes, I have heard of the lenghts people have gone to, to keep an apartment, but the adoption one is a new one for me lol. P.S. My son and I have been living in the apartment for about 3 years now. Thanks a bunch, Quuen

Originally posted by thelawprofessor
This is probably the most hotly litigated issue in housing court in NY -- whether the tenant or tenant's issue live in the apartment. Who is in the apartment? If it is you then they should not be able to evict you. If there is a tenant as part of a temporary sublet, I do not believe that they can evict either. However, if your mother has permanently moved out and you are renting it to an unrelated third party, then you may have a problem.

There are numerous stories about people going through insane means to be considered family of the tenant, e.g. adoption. No, I'm not kidding! The law has reacted and, additionally, rent stabilization is being phased out over the course of the next several years in various forms, e.g. rent can be increased and if it hits the number (currently $2,000 I believe) then the apartment can be de-stabilized.