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Old 07-29-2008, 10:01 PM
 
Location: Brooklyn, New York
878 posts, read 2,490,586 times
Reputation: 313

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It's good that you researched the issue. As a rent stabilzed tenant you do have certain rights and the landlord must follow specific guidelines if he wants you to move. Even if he succeeded, his family member would have to live in the apartment for 3 years or else he will forfeit any rent increases for the whole building for three years. In the short term, if he does not really want the apartment for personal use, he will end up losing money as I would think his losing the ability to increase the rent on his stabilized apartments in the buidling should deter him from actually trying this type of eviction unless it was truly needed.
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Old 07-29-2008, 10:06 PM
 
Location: Queens
841 posts, read 3,927,343 times
Reputation: 271
Trust me, you dont want to live in a building owned by someone you sued
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Old 07-30-2008, 01:31 AM
 
Location: Noo Yawk, Noo Yawk
624 posts, read 1,285,367 times
Reputation: 625
The threat your landlord is making could be seen as retaliation for not accepting his offer, and your choice to stay can be considered a "good faith action to protect your rights." See below:

RETALIATION
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenants' organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units. (Real Property Law 223-b)

The above is from the Tenant Rights Guide (for Rent-stabilized leases) at NYC Rent Guidelines Board. If I were you, I'd consult with a tenants advocacy group - there are several organizations that freely give information. They're often available at senior centers, neighborhood houses, etc.

You may also find useful info at Rent Stabilization/Control and
NYC.gov - Renter's Resources
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Old 07-30-2008, 04:52 AM
 
1,867 posts, read 3,597,992 times
Reputation: 589
Quote:
Originally Posted by citychik View Post
The threat your landlord is making could be seen as retaliation for not accepting his offer, and your choice to stay can be considered a "good faith action to protect your rights." See below:

RETALIATION
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenants' organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units. (Real Property Law 223-b)

The above is from the Tenant Rights Guide (for Rent-stabilized leases) at NYC Rent Guidelines Board. If I were you, I'd consult with a tenants advocacy group - there are several organizations that freely give information. They're often available at senior centers, neighborhood houses, etc.

You may also find useful info at Rent Stabilization/Control and
NYC.gov - Renter's Resources
The operative word being "solely". So if the landlord has a legit reason to evict someone, such as taking the apartment for personal use, seeing as he DOES OWN THE PLACE, the above doesn't apply.
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Old 07-30-2008, 07:33 AM
 
40 posts, read 22,202 times
Reputation: 18
I would take the buyout because you will not win..and be thankful he even offered you one. He could have easily just said you gotta go..went through the court process..you would have lost...had no money....had an eviction on your credit (so no more apts for you..at least not in this city) and ultimately would have nowhere to live.

Smarten up..taken the buyout and establish yourself somewhere else before it is too late. If you think you are going to court to somehow weasle your way into staying..it isn't going to happen..do not take the advice of anyone on this board...(Including me!). Seriously...take the money and move on...there is a whole world out there....find some place better with the money you have....if not...you will be worse off...and the stress, time, work, money that you will go through will not be worth it.
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Old 07-30-2008, 10:59 AM
 
30 posts, read 73,591 times
Reputation: 14
Wrong, I will win. He can't revisit the owner occupancy issue until near the end of my next lease cycle, which will be one or two years, and the timeframe of the lease (one or two years) is MY choice.

Your point of view is clearly that of an owner or an uninformed tenant. "Weasle" my way into staying? What are you talking about. I own the right to live in the apartment and am protected by stabilization laws. I have piles of case law supporting my position. He can't do this now and win because he has not followed procedural rules, and if he tries to say a non-renewal notice was sent or a lease was sent I have mail from him dated after my lease expired that will kill his own argument. His threat is a bluff to scare me into taking his offer. I am not taking the offer and have the right given to me by the stabilization laws to live in the apartment for two more years, should I choose a two-year lease. If he chooses to not send a renewal lease I really don't care. All that means is he can't raise the rent.
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Old 07-30-2008, 12:39 PM
 
Location: Brooklyn, New York
878 posts, read 2,490,586 times
Reputation: 313
Quote:
Originally Posted by lukewarmer View Post
I would take the buyout because you will not win..and be thankful he even offered you one. He could have easily just said you gotta go..went through the court process..you would have lost...had no money....had an eviction on your credit (so no more apts for you..at least not in this city) and ultimately would have nowhere to live.
I doubt that a eviction for this type of proceeding would go on your credit report. If the landlord attemepted to evict it would be a Holdover eviction not for non-payment of rent. In order for something like this to negatively affect your credit, you would have to have a Judgement entered against you and it would have to be somekind of financial award that was granted to the landlord.
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Old 07-30-2008, 12:42 PM
 
1,867 posts, read 3,597,992 times
Reputation: 589
Quote:
Originally Posted by philiptries View Post
Wrong, I will win. He can't revisit the owner occupancy issue until near the end of my next lease cycle, which will be one or two years, and the timeframe of the lease (one or two years) is MY choice.

Your point of view is clearly that of an owner or an uninformed tenant. "Weasle" my way into staying? What are you talking about. I own the right to live in the apartment and am protected by stabilization laws. I have piles of case law supporting my position. He can't do this now and win because he has not followed procedural rules, and if he tries to say a non-renewal notice was sent or a lease was sent I have mail from him dated after my lease expired that will kill his own argument. His threat is a bluff to scare me into taking his offer. I am not taking the offer and have the right given to me by the stabilization laws to live in the apartment for two more years, should I choose a two-year lease. If he chooses to not send a renewal lease I really don't care. All that means is he can't raise the rent.
You are correct, the notice of nonrenewal must be timely and properly served. The landlord's waited this long however, so he probably could care less about waiting another few years.
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Old 07-30-2008, 02:46 PM
 
30 posts, read 73,591 times
Reputation: 14
All he has to do is offer a reasonable amount of money that will allow me to survive in the same neighborhood and I will accept it. I owe him no favors.
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Old 07-30-2008, 03:58 PM
 
40 posts, read 22,202 times
Reputation: 18
You have missed the point young man. You may not get evicted (and you will get evicted should you go to court) this time, but when your lease is up in 2 years (or whenever your next lease cycle ends)...I can guarantee 2 things:

1-You will no longer have a buyout offered to you so save your pennies
2-He will be following the rules to the letter to get you out
3-You will have a judgement against you on your credit report. If you make me him go through the court process to evict you, you can be sure that he will have SOME judgement against you on your credit report and that will follow you for a long time.

But let's put thing's in perspective:

I own a car and let you borrow it for 3 years (lease it to you). When those three years are up, I say " I need my car back so I will not be leasing it you anymore." And you say" I don't think so..I am using your car and I am not giving it back no matter what you say. Too Bad. Take me to court." On top of that...I offer you $$$$ to give me back my car and you still say no!! I want MORE money!!!!!

And nobody sees anything wrong with this?
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