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eviction NYC

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samantha

Guest
I have reside in a NYC rent controlled apartment for ten years. The lease is in my cousins name. Recently the management changed and they have elected not to renew the lease based on the fact that it is no longer the primary residence of my cousin. The old management was aware of my presence and accepted rent payment from out of state for seven years. I have paid the rent in her name for the last three years and have made no secret of living here. I was prepared to file a complaint with the DHCR when the new management sent a new lease under the same terms as the old (thirty days prior to the expiration of the current lease). Just when I thought my problems were over I received a thirty day notice of eviction and a notice of cure with ten days to cure the situation. Help! I have a small toddler and a business that is just taking off. I can not afford to move. Do I have any hope of staying in this apartment as a tenant, co-tenant or sub-leasee??
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by samantha:
I have reside in a NYC rent controlled apartment for ten years. The lease is in my cousins name. Recently the management changed and they have elected not to renew the lease based on the fact that it is no longer the primary residence of my cousin. The old management was aware of my presence and accepted rent payment from out of state for seven years. I have paid the rent in her name for the last three years and have made no secret of living here. I was prepared to file a complaint with the DHCR when the new management sent a new lease under the same terms as the old (thirty days prior to the expiration of the current lease). Just when I thought my problems were over I received a thirty day notice of eviction and a notice of cure with ten days to cure the situation. Help! I have a small toddler and a business that is just taking off. I can not afford to move. Do I have any hope of staying in this apartment as a tenant, co-tenant or sub-leasee??<HR></BLOCKQUOTE>

Sorry, I can not figure a way to help you since the management company has the power.
 
P

peternyc

Guest
NOPE not much chance of you staying unless you cousin IMMEDIATELY moves back into the aprtment and makes it her permanent residence...

The Laws in NYC are very stict about Rent Control....you are paying a VERY VERY VERY CHEAP RENT.. and the landlord has a right to give that rent to ONLY the person named on the lease.

You could ask for the apartment to be rent stabilized and in your name but then the rent might double or triple depening on how much rent you are paying NOW, and what the average rent is in the building for your same apartment....

so whats your rent and how much are other tenants paying....

Those are about your only choices....you really do need a Landlord tenant lawyer...but if you answer those i can help figure it out.

Too bad you didnt know it was illegal, you could have been saving a couple a hundered a month and what a BIG bank account you would have had today.
.............................


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by samantha:
I have reside in a NYC rent controlled apartment for ten years. The lease is in my cousins name. Recently the management changed and they have elected not to renew the lease based on the fact that it is no longer the primary residence of my cousin. The old management was aware of my presence and accepted rent payment from out of state for seven years. I have paid the rent in her name for the last three years and have made no secret of living here. I was prepared to file a complaint with the DHCR when the new management sent a new lease under the same terms as the old (thirty days prior to the expiration of the current lease). Just when I thought my problems were over I received a thirty day notice of eviction and a notice of cure with ten days to cure the situation. Help! I have a small toddler and a business that is just taking off. I can not afford to move. Do I have any hope of staying in this apartment as a tenant, co-tenant or sub-leasee??<HR></BLOCKQUOTE>

 
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PETER

Guest
The way DHCR figure the new rent is on your rent control lease you should have a MBR maximum base rent...add 50% to it plus any vacancy inceases and yearly increases...

so if the rent is $500 the new rent would be $750+ 4%...or $780....plus any MCI increases

OR if you can prove the rent is lower in the building for the same size aprtment...DHCR would choose the lower rent.

Thats a start ...there is more

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peternyc:
NOPE not much chance of you staying unless you cousin IMMEDIATELY moves back into the aprtment and makes it her permanent residence...

The Laws in NYC are very stict about Rent Control....you are paying a VERY VERY VERY CHEAP RENT.. and the landlord has a right to give that rent to ONLY the person named on the lease.

You could ask for the apartment to be rent stabilized and in your name but then the rent might double or triple depening on how much rent you are paying NOW, and what the average rent is in the building for your same apartment....

so whats your rent and how much are other tenants paying....

Those are about your only choices....you really do need a Landlord tenant lawyer...but if you answer those i can help figure it out.

Too bad you didnt know it was illegal, you could have been saving a couple a hundered a month and what a BIG bank account you would have had today.
.............................


<HR></BLOCKQUOTE>

 

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