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Landlord Harassment-NYC

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S

susannyc

Guest
I'm writing in hopes you can offer some advice or assistance in a
problem I'm having with my new landlord. I'm a 57 yr old woman who has
lived in a rent controlled apt in CHelsea for 31 yrs. The bldg has a
small store & 6 apts(others are stabilized) and a small backyard which
has always been available for tenant use. The bldg was sold in July this
year & within weeks the new owner offered several people - including me
- money to vacate - which I refused. He then said that I could no longer
us the backyard to exercise my dogs - nor could it be used for anything
but garbage & reclycables as his liability ins wouldn't cover it. I
offered a written statement obsolving him of any potential liability
which he accepted.On 9/25 I received a letter from his lawyer saying
that he had changed his mind & that any further use would result in
legal action. I did some initial web research which seemed to backup my
assumption that use of the yard for all these years made it a bldg
service & upon preliminary advice from a lawyer so wrote him saying that
all the tenants would continue to use the yard. This past Fri 10/13, I
recived a 2nd letter from his lawyer arguing my assumptions &
threatening me with a holdover with intent to evict if I continued my
use. He is warehousing 2 empty apts in the bldg - 1 empty since July. He
recinded a buy offer he made to another tenant when he found out they
had just had a baby - stating that they were going to move anyway(which
they are not) & has not - as required - sent them a lease renewal for
their apt but has started charging a rent increase.It seems obvious that
this man is looking to empty the building of the existing tenants & then
do something to remove it from stabilization or control. Is there
anything your office can do to be of help? I'm only about 8 years away
from retirement & would like to be able to have peaceful enjoyment of my
home during that time.

You may reach me by return email or by phone - Work # 212-924-9300 x 104
or Home # 212-691-2282
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by susannyc:
I'm writing in hopes you can offer some advice or assistance in a
problem I'm having with my new landlord. I'm a 57 yr old woman who has
lived in a rent controlled apt in CHelsea for 31 yrs. The bldg has a
small store & 6 apts(others are stabilized) and a small backyard which
has always been available for tenant use. The bldg was sold in July this
year & within weeks the new owner offered several people - including me
- money to vacate - which I refused. He then said that I could no longer
us the backyard to exercise my dogs - nor could it be used for anything
but garbage & reclycables as his liability ins wouldn't cover it. I
offered a written statement obsolving him of any potential liability
which he accepted.On 9/25 I received a letter from his lawyer saying
that he had changed his mind & that any further use would result in
legal action. I did some initial web research which seemed to backup my
assumption that use of the yard for all these years made it a bldg
service & upon preliminary advice from a lawyer so wrote him saying that
all the tenants would continue to use the yard. This past Fri 10/13, I
recived a 2nd letter from his lawyer arguing my assumptions &
threatening me with a holdover with intent to evict if I continued my
use. He is warehousing 2 empty apts in the bldg - 1 empty since July. He
recinded a buy offer he made to another tenant when he found out they
had just had a baby - stating that they were going to move anyway(which
they are not) & has not - as required - sent them a lease renewal for
their apt but has started charging a rent increase.It seems obvious that
this man is looking to empty the building of the existing tenants & then
do something to remove it from stabilization or control. Is there
anything your office can do to be of help? I'm only about 8 years away
from retirement & would like to be able to have peaceful enjoyment of my
home during that time.

You may reach me by return email or by phone - Work # 212-924-9300 x 104
or Home # 212-691-2282
<HR></BLOCKQUOTE>

Do you have a fixed lease and does the lease state that you are entitled to use the backyard? Does you lease allow you to have dogs? If not did L give you written approval to have the dogs? Have you lived in this same property and used the backyard to excercise your dogs for 31 years?
 
S

susannyc

Guest
I am rent-controlled in NYC so am a "statutory" tenant - no lease renewals are required.I was originally given permission in 1969 to have pets and subsequent tenants have had them as well. It's not a dog issue but a backyard issue. My original lease was neutral re: yard, but over the entire 31 years, tenants have used it recreationally. One landlord even made cosmetic improvements - flagstone paths & benches, planted flowers, etc. This is the only visible means for the owner to cause me annoyance.
 
T

Tracey

Guest
The twit's obviously looking for any means to evict you. Don't give him any cause. Stop using the yard, then sue him for retaliatory eviction for diminishing services to you (use of the yard) because you refused to sell to him. Let the judge sort it out. That way you don't risk your home and get an answer from someone with authority to make L comply.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 

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