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Hi. I received a call the other day from my building's new owners. They told me they are renovating all the fair market apartments in the building and they are NOT renewing my lease which is up in 2 weeks.
They gave me until January 31, 2013 to leave. Basically 5 weeks. And that they wouldn't be giving me any more time. Sorry for the short notice, etc. etc.
She said my apt. is not regulated but I don't know if that's true. I looked it up (see below) and I can't determine if it is or not.
They took over the property about 4 weeks ago. I've lived here 3 and a half years. Never any trouble, always on time with rent.
I'm trying to buy more time but the lady said we'll be there illegally if we choose to stay past our lease expiry. There's no way I can leave in 5 weeks.
Can anybody suggest any options for me? I just need some more time; 3 or 4 months. Not fighting to stay. Just more time.
Do I go to Housing Court and plead my case for more time or do I wait for the LL to initiate a Holdover Eviction first? So far it's only been over the phone, I haven't received anything in writing. It's a pretty big management company that just bought a lot of property in the city.
This is really not a good Holiday experience. Thanks for any suggestions.
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I looked up the rental history of my apartment and this is what I got:
Here's the rent history for my apt from DHCR. I can't determine if my apt is regulated or not. They say it isn't, but I'm not so sure.
1984 - 1999 RC Rent Controlled
2000 - 2003 RS Rent Stabilized. At the same rent I'm paying now. For 2003 it says MCI, which I guess means they made an upgrade.
2004 - 2011, it says REG NOT FOUND FOR SUBJECT PREMISES.
Current rent is under $2000, more or less the same amount as the last reported rent in 2003
I have always had trouble understanding why anyone moving into an apartment would not IMMEDIATELY file to determine the legal maximum rent.
Quote:
call the New York State Division of Housing and Community Renewal, at (718) 739-6400 to verify.
It is silly to wait until disaster strikes and only THEN question whether you are rent stabilized with well defined rights.
Ask them WHY they have no records since 2004. Quiz them on the MCI (funny they want to do another one, so it sounds like the 2003 MCI didn't decontrol the unit.) Do this all in writing with copies to the Attorney General, and toss one to the NY Times. DHCR needs some sunlight shone ion it...there are crooks on the payroll,
See if you can find any previous tenant or someone in the
building who knows...there is always ONE.
I would certainly bet even money that the new owners are pulling a fast one...perhaps even without their knowledge. After all, they only have the last crook to believe.
Remember, the new owners will have to PROVE that your apartment has been decontrolled.
Last edited by Kefir King; 12-20-2012 at 01:33 PM..
Hi. I received a call the other day from my building's new owners. They told me they are renovating all the fair market apartments in the building and they are NOT renewing my lease which is up in 2 weeks.
They gave me until January 31, 2013 to leave. Basically 5 weeks. And that they wouldn't be giving me any more time. Sorry for the short notice, etc. etc.
She said my apt. is not regulated but I don't know if that's true. I looked it up (see below) and I can't determine if it is or not.
They took over the property about 4 weeks ago. I've lived here 3 and a half years. Never any trouble, always on time with rent.
I'm trying to buy more time but the lady said we'll be there illegally if we choose to stay past our lease expiry. There's no way I can leave in 5 weeks.
Can anybody suggest any options for me? I just need some more time; 3 or 4 months. Not fighting to stay. Just more time.
Do I go to Housing Court and plead my case for more time or do I wait for the LL to initiate a Holdover Eviction first? So far it's only been over the phone, I haven't received anything in writing. It's a pretty big management company that just bought a lot of property in the city.
This is really not a good Holiday experience. Thanks for any suggestions.
----
I looked up the rental history of my apartment and this is what I got:
Here's the rent history for my apt from DHCR. I can't determine if my apt is regulated or not. They say it isn't, but I'm not so sure.
1984 - 1999 RC Rent Controlled
2000 - 2003 RS Rent Stabilized. At the same rent I'm paying now. For 2003 it says MCI, which I guess means they made an upgrade.
2004 - 2011, it says REG NOT FOUND FOR SUBJECT PREMISES.
Current rent is under $2000, more or less the same amount as the last reported rent in 2003
Sounds like your apartment was de stabilized by default.If the status of a stabilized unit unit is not reported and nobody complains,after a certain number of years the unit automatically becomes de stabilized.This is probably what happened beginning around 2004.Looks like the apartment changed hand a few times and nobody called the landlord on it.It is probably too late now to revert to rent stabilized status.
Remember, the new owners will have to PROVE that your apartment has been decontrolled.
Not sure this is correct. I believe there is a loop hole in the stabilization laws that allows the stabilized status of apartments to lapse after a certain number of years of non reporting if nobody contests.This may be what happened here.
If the unit is decontrolled and the landlord has served notice, they are not open to negotiation. Check the status, but begin looking for another apartment right now. Do you want to stay in the neighborhood, or are you looking for a change of pace? See what is currently available and inquire with building managers, supers, and agents as to what may be available before the end of January in your preferred locations.
You cannot wait on an investigation, especially if you find out on January 24th that the unit was decontrolled.
__________________
All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
Remember,
Until you receive notice in writing you know NOTHING. When you DO receive something in writing from the landlord it is STILL NOT a legal document.
After you stay on in January THEN they have to file legal paperwork to reclaim the apartment. So, at a bare minumum you have until Feb. 28. If they wait until February 1 to paper you, you have til March 31.
No judge will force you out before April 30.
But I think the apartment is rent-stabilized and you are entitled to a lease. I also have a sneaky hunch that is why they didn't send you paperwork and hope you just move out on their say-so.
See if you can get some info from one of the many tenant protection groups. Maybe even free or cheap legal representation. They have seen these landlord shenanigans a zillion times.
Kefir King and everyone, thanks for your responses.
I'm getting quite a bit of conflicting info so I'm trying to make sense of it all. Reaching out to attorneys for advice.
I agree, Kefir, there's something off about them calling me and not serving notice yet. This is a pretty big management company that just bought out the buildings.
Give Christine Quinn's Office a call. She will light a fire under DHCR to get you some current information.
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