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Old 03-21-2007, 08:50 PM
 
435 posts, read 1,413,971 times
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Hello,
I need help, my family has been living at this apartment for over 26 years and just today he recieved a letter from the landlords requesting the apartment because they plan on fixing it in order to sell it off and if they cant sell it then they will offer it back to my dad for rent. What are your opinions on this?? What are his legal options, can he live there for 6 months without paying rent??
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Old 03-21-2007, 10:52 PM
 
Location: Happy wherever I am - Florida now
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Is it rent controlled? That will have an have a bearing on the answer.

No, he can't live there without paying rent.
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Old 03-22-2007, 07:01 AM
 
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Quote:
Originally Posted by Sgoldie View Post
Is it rent controlled? That will have an have a bearing on the answer.

No, he can't live there without paying rent.
I wouldnt really be able to tell you if its rent controlled or not. What is the definition of that, I mean the rent has gone up but not every year, maybe once every 5 years.
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Old 03-22-2007, 08:32 AM
 
Location: Bronx, NY
9,832 posts, read 21,491,753 times
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Quote:
Originally Posted by jflores View Post
I wouldnt really be able to tell you if its rent controlled or not. What is the definition of that, I mean the rent has gone up but not every year, maybe once every 5 years.
Once in 5 years sounds like it is rent controlled. There are a lot of complicated laws and bylaws when it comes to this type of stuff. I don't know what your dad can do in this situation. You should check out some of the NYC gov websites to get more information. I'm sorry I couldn't help more.
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Old 03-22-2007, 08:40 AM
 
Location: Journey's End
10,189 posts, read 24,460,221 times
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I seriously recommend that your Dad or you call a Tenant Association and find out his rights and the actions he may or may not take to maintain his rental.

You don't mention the neighbourhood--but several organisations have free services (Lower East Side, for one) that are very helpful and knowledgeable.

This is not unusual for landlords, but unless a tenant is familiar with the rules and regulations on an individual apartment, mistakes can be made that can lead to the lose of the apartment--unnecessarily. Landlords cannot just ask a tenant to leave in NYC.

Be cautious. And, I certainly discourage your father from signing anything until he has more information and understands his circumstances.


Good luck!
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Old 03-22-2007, 09:51 AM
 
Location: Happy wherever I am - Florida now
3,359 posts, read 10,632,316 times
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The city has a dept of housing who will have information about your building, whether it is rent controlled or not. They will be able to give you specific information about what can and can't be done, and they will be able to assist you so that the landlord doesn't tell you things that aren't true.

You do have some protection but 'do not let him stop paying his rent' as that could affect his protection. It is too complicated to get into here.
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Old 03-22-2007, 10:00 AM
 
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its a two family home in East New York in which we lived there since 1980. I live in texas now. The story is that he wants my dad to leave so that he can fix the apartment in order to sell it but wouldnt he be able to sell it as is? However, if he doesnt sell it then he plans to offer it to my dad but now catch this he wants my dad to pay $800 for the next three months till he has to leave. So my thinking is if he wants to sell it why not just sell as is to me or to anyone for that matter. Its kind of idiotic.
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Old 03-22-2007, 10:11 AM
 
Location: Journey's End
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Again, get your Dad to contact an agency that is savy. Even if it is a 2 family house, your father has quite a few rights in NYC as a tenant. One of those is ample notice to vacate. I am not familiar enough with the rules to advise you and feel I am on solid enough ground on all the ins and outs of tenancy, but urge you to follow this up carefully and with caution.

As we all know, housing in NYC is not easy to obtain at a reasonable rate whether it is in East New York or elsewhere. Also your father may have more rights if he is a senior.

Quote:
Originally Posted by jflores View Post
its a two family home in East New York in which we lived there since 1980. I live in texas now. The story is that he wants my dad to leave so that he can fix the apartment in order to sell it but wouldnt he be able to sell it as is? However, if he doesnt sell it then he plans to offer it to my dad but now catch this he wants my dad to pay $800 for the next three months till he has to leave. So my thinking is if he wants to sell it why not just sell as is to me or to anyone for that matter. Its kind of idiotic.
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Old 03-22-2007, 10:17 AM
 
Location: The #1 sunshine state, Arizona.
12,172 posts, read 15,004,541 times
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Quote:
Originally Posted by jflores View Post
its a two family home in East New York in which we lived there since 1980. I live in texas now. The story is that he wants my dad to leave so that he can fix the apartment in order to sell it but wouldnt he be able to sell it as is? However, if he doesnt sell it then he plans to offer it to my dad but now catch this he wants my dad to pay $800 for the next three months till he has to leave. So my thinking is if he wants to sell it why not just sell as is to me or to anyone for that matter. Its kind of idiotic.
When does your dad's lease expire? I don't think he can be kicked out in the middle of a rental agreement. What amount of rent does he pay? Eight hundred dollars per month sounds reasonable to me.
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Old 03-22-2007, 10:20 AM
 
Location: Journey's End
10,189 posts, read 24,460,221 times
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The law in NYC once protected leased and unleased tenants. It may still do so! I think you need legal advice. Eight hundred dollars in East New York is not inexpensive!
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