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eviction technicalities

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S

samantha

Guest
First, in my initial query I mistakenly stated the apartment was rent controlled, actually, it's rent stabilized. Does this make a difference. Secondly, I've researched case files in the NYC Housing court and found several cases sighting dismissal of eviction petitions based on non-primary residency due to technicalities in the serving of necessary papers. For instance, a notice of non-renewal was served 119 days prior to expiration of current lease, 45 days prior a lease renewal was sent with a note to sign and return immediatly. Twelve days following, before the lease could be returned, a notice of cure stating illegal sub-let was served along with a 30-day termination notice listing non-primary residence as cause. These documents taking together are ambiguous at best. What are the laws governing proper notification? If a petition is thrown out on a technicality what happens then?
Thanks!
 


H

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by samantha:
First, in my initial query I mistakenly stated the apartment was rent controlled, actually, it's rent stabilized. Does this make a difference. Secondly, I've researched case files in the NYC Housing court and found several cases sighting dismissal of eviction petitions based on non-primary residency due to technicalities in the serving of necessary papers. For instance, a notice of non-renewal was served 119 days prior to expiration of current lease, 45 days prior a lease renewal was sent with a note to sign and return immediatly. Twelve days following, before the lease could be returned, a notice of cure stating illegal sub-let was served along with a 30-day termination notice listing non-primary residence as cause. These documents taking together are ambiguous at best. What are the laws governing proper notification? If a petition is thrown out on a technicality what happens then?
Thanks!<HR></BLOCKQUOTE>

If a case is dismissed, L can refile again which in your case, if that happens, would buy you some time. But you will soon loose and have to move since you are an unauthorized and illegal tenant. Also L can claim that there is in fact is no ambiguity in the documents and intent of L because the last notice supersedes the first. And the lease renewal was not signed by the legal tenant within stated date, therefore returning things to the status quo.

The word is citing as in citations. Sighting is used to describe among other things, map and compass reading, surveying, rifle scoping and seeing UFO's.
 
P

peter

Guest
Lets do this once again.......

ONLY the person named on the lease has a legal right to live there.

Second you were given notice for non renewal....what was it for? non primary residence, or owner occupancy?

Third DHCR doesnt care anymore about a day or two...yeah 119 days means the landlord violated the law.. but so what... last year it mattered this year...eh

You are right it is ambiguous at best, but we are talking about the NEW DHCR who is landlord friendly, and since it is an Administrative agency, and NOT a court of law, then YOU are at their mercy, UNLESS you spend thousands of dollars suing DHCR and the Landlord.

SO since you have admitted an Illegal sublet....the ONLY thing you can do is MOVE...

OR if the Landlord has a Heart, and would like a responsible tenant in his building, and is not going to rennovate the apartment...then YOU MUST OFFER THE LANDLORD A 24% increase in rent for a 2 year lease.

That is the LAW...

If the landlord accepts you will have a lease at the higher rent...

Thats it....If you had gotten a lawyer when the original notice not to renew was recieved you probably would have more choices...

Technicalities against the Landlord do not mean much anymore in NYC!

;;;;;;;;;;;;;;;;;;;;;;;;
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by samantha:
First, in my initial query I mistakenly stated the apartment was rent controlled, actually, it's rent stabilized. Does this make a difference. Secondly, I've researched case files in the NYC Housing court and found several cases sighting dismissal of eviction petitions based on non-primary residency due to technicalities in the serving of necessary papers. For instance, a notice of non-renewal was served 119 days prior to expiration of current lease, 45 days prior a lease renewal was sent with a note to sign and return immediatly. Twelve days following, before the lease could be returned, a notice of cure stating illegal sub-let was served along with a 30-day termination notice listing non-primary residence as cause. These documents taking together are ambiguous at best. What are the laws governing proper notification? If a petition is thrown out on a technicality what happens then?
Thanks!<HR></BLOCKQUOTE>

 
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