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I received a notice to appear in housing court for eviction proceedings due to me subletting my apt that I've lived in for 22 years. I have not sublet or rent out a room to no one. Living in the apt are my fiance, a our small dog and myself. The case was adjourned for next month. My concern is that the judge said to me that I should retain a lawyer if I want to keep my rent stabilized apt. I told the judge that I didn't think I needed to do that due to my truth in the matter apart from having years of proof that I do live there. I explained to the judge that I have all the utilities in my name and a valid renewed lease starting as of Febuary 2014 for 2 years. but he still insisted that I retain a lawyer. I'm concerned about what the judge said. What should I do in this matter? Thanx in advance.
Perhaps retain a lawyer, who will also sue the landlord for filing a meritless lawsuit?
First, be certain that your assertions are correct. Having the utilities in your name & paying the rent is not sufficient, if the LL can prove that you were not there, or someone is willing to testify that they sublet & occupied the apt., paying rent to you, whether you forwarded all of it to the LL or not.
Get a lawyer. The judge most likely has seen large unscrupulous new landlords pull these kinds of tactics before and win, because they have teams of lawyers and know how to game the system.
A lawyer might seem like a big expense to you, but it will be a much bigger expense if you end up getting evicted and need to find a new place to live.
Overcharging a roommate can be grounds for eviction from a stabilized unit. You need to show that your roommate, since you are not married and thus not legally a family unit, did not pay more than the proportional share of rent during the period in which the property was occupied by both of you. If your stabilized rent is $1,500, for example, he cannot pay more than $750, which is his proportional share, given two occupants of the unit. The check should have always been drawn on your account, as well, where you would collect the proportion of rent from him each month, and apply it to the total. So, you will need financial records to prove that your roommate was not overcharged because you have a stabilized lease in NYC.
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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)
Thank you for the advice. In case it matters I happen to pay the entire rent, always have for the 2 years we've lived together. What would be the going rate for this type of litigation and to sue the landlord?
Thank you for the advice. In case it matters I happen to pay the entire rent, always have for the 2 years we've lived together. What would be the going rate for this type of litigation and to sue the landlord?
That is very good, and it does matter because the landlord cannot use overcharging a roommate as a means to seek eviction from the apartment, which does come into play with stabilized units.
If you go through the bar association for a referral, you will pay an initial consultation fee of $35 for half an hour, and then the attorney would be able to give you a gauge of the fees required for your case.
Also, check LawHelpNY.org for some good information on eviction cases: New York
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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)
Yes I received a warning and reached out to the LL and their lawyers several times with no reply. There is and was nothing to correct I haven't and I am not subletting. I believe they're trying to see if they can get the apt. Its a waste of my time to appear in court for pretty much no reason. Basically my "Time is Money" I work on commissions. When I'm not at work it costs me money apart of having to spend more money on a lawyer.
Yes I received a warning and reached out to the LL and their lawyers several times with no reply. There is and was nothing to correct I haven't and I am not subletting. I believe they're trying to see if they can get the apt. Its a waste of my time to appear in court for pretty much no reason. Basically my "Time is Money" I work on commissions. When I'm not at work it costs me money apart of having to spend more money on a lawyer.
Just think of yourself as "earning" your subsidized rent.
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