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Old 01-06-2015, 07:43 AM
 
Location: West Harlem
6,885 posts, read 9,891,215 times
Reputation: 3062

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Quote:
Originally Posted by BrownstoneNY View Post
You have no right to remain. Your landlord was already likely in breach of rent stabilization laws by subleasing to you (as a rent stabilized apartment must be the tenant's primary residence).
Not true. In fact, it is precisely stabilized units that may be sublet - approved by landlord(s) and for up to two years maximum - I believe, in a lease term ...? Legally the landlord can turn down individual tenants but if this is a consistent practice it represents a compromise to tenant rights.
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Old 01-06-2015, 07:45 AM
 
Location: West Harlem
6,885 posts, read 9,891,215 times
Reputation: 3062
Quote:
Originally Posted by BugsyPal View Post
How have you been paying the rent?
I wondered the same.
If they have been accepting your checks, eviction could be difficult.
Non-primary leaseholder tenants are that really "creative" place in the laws.
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Old 01-06-2015, 08:12 AM
 
Location: Beautiful Pelham Parkway,The Bronx
9,239 posts, read 23,994,695 times
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Quote:
Originally Posted by Harlem resident View Post
I wondered the same.
If they have been accepting your checks, eviction could be difficult.
Non-primary leaseholder tenants are that really "creative" place in the laws.
Sounded to me like the OP had no lease and was illegally subletting from the lease holder without the landlord's permission.That's why I responded as I did originally.Perhaps the OP will clarify.

Am also always very suspicious of 1st time posters when the 1st post is a hot button issue so we'll see.
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Old 01-06-2015, 08:23 AM
 
Location: West Harlem
6,885 posts, read 9,891,215 times
Reputation: 3062
Quote:
Originally Posted by bluedog2 View Post
Sounded to me like the OP had no lease and was illegally subletting from the lease holder without the landlord's permission.That's why I responded as I did originally.Perhaps the OP will clarify.

Am also always very suspicious of 1st time posters when the 1st post is a hot button issue so we'll see.
You would be ASTONISHED, seriously, at some of the case outcomes with squatter-type arrangements, defining that quite loosely as anyone who has possession of an apartment for whatever reason but who is not the legal and primary lease-holder.

There was a very sad story about these people (Morningside Avenue ? I think, or thereabouts) who purchased a small building to live in themselves, a house really, and a young woman who appeared out of nowhere and moved in one day. The building had been long vacant because it was uninhabitable as it stood. She proceeded to get HPD in there, they wrote all of these violations against the purchaser, in the end (very long battles to get rid of her) they paid her what I thought was an enormous sum for absolutely nothing. She had never even been an actual tenant. Ironically, they were forced to make repairs to create a live-able situation before embarking on the gut renovation that would tear out all of the repairs anyway.

Yet, other people who have far more claim than that woman have lost. That's what I meant about a "creative" area, open to interpretation.
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Old 01-06-2015, 08:57 AM
 
15,784 posts, read 14,380,216 times
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Was it a legal or illegal sublet? Were you paying more to the prime tenant than he was paying the LL. Has the LL served you with an eviction notice?

There are some situations where a sublettor can get prime tenancy in a rent stabilized apartment. I don't know if this could happen in your situation. It might be worth talking to a lawyer.
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Old 01-06-2015, 12:29 PM
 
31,682 posts, read 26,569,406 times
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Well since the OP seems to have vanished....

If a subletting tenant has been paying rent via checks or even money orders with their names for a period of time it does complicate eviction.

Know someone who has been technically subletting for >six years. The original RS tenant moved out after barely completing his lease but got the current sublet to take over remaining portion of the lease (paying the rent). LL knows of this and told the said sublet each time the original tenant's lease comes up for renewal if he wants the thing under his name will have to go through the proper process including paying a vacancy increase. Thus far the sublet has declined to go that route so the lease renewals are sent to the original tenant who completes but the sublet still remains. Making matters worse the sublet can only pay his rent via USPS money orders as the LL will *NOT* accept checks with his name printed. Why? See above.

The Sunday NYT did an article on a block of apartments on Third Avenue between 80th and 81st Streets on the west side of the avenue. Apparently some these old tenement/cold water railroad flats have been passed along to tenants via friends for years. Persons simply got a friend to move in and start paying the rent under their own name. After a period to time apparently they had rights because all remained unless chose to leave.
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Old 01-06-2015, 08:46 PM
 
2 posts, read 3,092 times
Reputation: 10
Sorry for the lag all. I was a little turned off, Moderator cut: Orphaned comment and most replies sounded like I have no leg to stand on. I didn't realize others have responded with some helpful information until just now.

I have not been paying directly to the landlord. I was cutting checks three months at a time to the lease holder with dates in the note line. As I said, my DMV, postal, work, tax and cable have been the current address.

I have never seen the actual lease and yesterday was my first time meeting with the landlord so our relationship has just begun. Understandably, he was very aggressive and it was obvious to see he wants the apartment back.

I will be paying more attention to future posts now that there is more helpful information here. I'm not trying to step out of line. This has been my home for a year and a half and if there is a chance that I'm due some karma, I don't want to let that slip away because I'm uninformed. I think my next move is to speak with a layer tomorrow again. I did a few months ago before the lease-holder passed and he was the one who sugested I have few rights unless I want to squat. I realize I'm a first time poster and appreciate any advise.

One other note. The landlord verbally admitted he agreed to the sublet to me. I assume he agreed to it sometime in the middle of the sublet. He also said there was nothing in writing. So he did agree to it, but I'm not sure I could prove that. I have sub-lease agreements between the lease holder and myself in writing.

Thank you,
Xo

Last edited by bmwguydc; 01-07-2015 at 07:30 AM.. Reason: Orphaned comment: personal attack removed upthread
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Old 01-07-2015, 02:38 AM
 
31,682 posts, read 26,569,406 times
Reputation: 24510
Quote:
Originally Posted by Xo527 View Post
Sorry for the lag all. I was a little turned off, and most replies sounded like I have no leg to stand on. I didn't realize others have responded with some helpful information until just now.

I have not been paying directly to the landlord. I was cutting checks three months at a time to the lease holder with dates in the note line. As I said, my DMV, postal, work, tax and cable have been the current address.

I have never seen the actual lease and yesterday was my first time meeting with the landlord so our relationship has just begun. Understandably, he was very aggressive and it was obvious to see he wants the apartment back.

I will be paying more attention to future posts now that there is more helpful information here. I'm not trying to step out of line. This has been my home for a year and a half and if there is a chance that I'm due some karma, I don't want to let that slip away because I'm uninformed. I think my next move is to speak with a layer tomorrow again. I did a few months ago before the lease-holder passed and he was the one who sugested I have few rights unless I want to squat. I realize I'm a first time poster and appreciate any advise.

One other note. The landlord verbally admitted he agreed to the sublet to me. I assume he agreed to it sometime in the middle of the sublet. He also said there was nothing in writing. So he did agree to it, but I'm not sure I could prove that. I have sub-lease agreements between the lease holder and myself in writing.

Thank you,
Xo
Oral agreements aren't worth the paper they are printed upon. Without some sort of written proof or evidence the LL agreed or knew you were paying the rent and the previous tenant vacated, all you are left with is being back to square one.

Do yourself a favour and go to your borough's Housing Court or if you work in Manhattan to Centre Street. There are usually a few attorneys and or others offering legal advice to tenants. Also try going over to the website Tenantnet and seeking advice/reading postings to their forum and other sections.

Tenant Net - Tenants and Renters Rights - New York City

Finally maybe sit down with the LL and see if something can be worked out. That is you will sign a new lease in your name, pay the vacancy increase (if any) and a *reasonable* rent increase if the apartment is not rent stabilized. If it is under RS those laws set the increase.

Last edited by bmwguydc; 01-07-2015 at 07:31 AM.. Reason: Edited quoted text
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Old 01-07-2015, 07:58 PM
 
913 posts, read 2,267,279 times
Reputation: 300
The whole post didn't sound right. Why was he illegally renting out his apartment?
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Old 01-09-2015, 08:14 AM
 
Location: Manhattan
25,347 posts, read 36,892,101 times
Reputation: 12749
No rights at all.

Try to make a deal with the landlord. Illegal if over (+20% on a 2 year lease) but nobody's watching. He might say yes.
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