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Old 12-21-2012, 08:12 AM
 
6,459 posts, read 12,043,051 times
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Quote:
Originally Posted by mc33433 View Post
Depending on your lease they can do this.

Why would you need 4 months to find an apartment?
Are you really seriously asking this???

He has to save up an incredible amount of money, pass all these hurdles like he's applying to NASA, and who knows how long it will be until he's "approved" to rent a closet here.

If the OP is willing to live in the outerboroughs like Queens or the Bronx, then it won't be as bad, but more than likely he probably doesn't.
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Old 12-21-2012, 10:08 AM
 
393 posts, read 784,146 times
Reputation: 514
Same thing happened to me last year when my building was bought by a big management company who wanted everyone out so they could gut it.

Some people in my building tried to fight, but honestly it's useless. These types of people couldn't care less about your circumstances. I can't even stress that enough. I spent a fortune moving into my old place and my lease wasn't renewed a year later. I was so pissed. I paid the 15% broker's fee because I was planning on living there for a few years and figured it was worth it..lesson learned. They refused to let me stay an extra few months. They did let me use my security deposit as my last month's rent..and I already paid last month's rent when I moved in, so the 2 months helped with finding a new place.

Since they haven't given you anything in writing, then I think you have some time until they do. Would you be able to move in February if they let you use your security deposit for January's rent? My argument was that they were going to tear the place apart anyway so what difference did it make to them if I didn't leave it in perfect shape, you know? They were pretty nasty until I committed to a specific move-out date. They just wanted everyone out asap.

I cried for like 3 nights straight when this happened to me, so I feel your pain. This happens a lot. I'm guessing that you live in an older walk-up..buying those, renovating, doubling rents and selling again at double the price is one of the hottest trends in real estate right now. You are definitely not alone, and this isn't an isolated case that's going to get anyone's attention. If anything, your lawyer could maybe buy you a month or two, but you should try to move asap. Ask about using the security deposit for last month's rent and look for a no fee place. It's a stressful situation, and one that you can't really resolve in your favor, so try to get out of it as soon as you can.
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Old 12-22-2012, 12:05 PM
 
16 posts, read 44,616 times
Reputation: 10
aptnyc,

Yes, it's an older walk-up. Crappy situation.
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Old 12-22-2012, 02:34 PM
 
Location: West Harlem
6,885 posts, read 9,944,351 times
Reputation: 3062
Quote:
Originally Posted by enro View Post
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
Don't know if anyone suggested this, I would contest the rent. This is precisely how they de-regulate apartments.

This is one of the central things about stabilization. For many, or at least for some, the rent isn't so cheap - contrary to what you will hear. But with a stabilized lease, they cannot simply inform you that they have decided to develop "luxury housing." This is a major thing downtown, already gentrified and/or market-rate buildings are being turned into "luxury rentals" because that's the best market, perhaps the only real one right now. Or was. Perhaps that's currently changing.
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Old 12-22-2012, 02:37 PM
 
Location: West Harlem
6,885 posts, read 9,944,351 times
Reputation: 3062
Quote:
Originally Posted by bluedog2 View Post
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.
Well... you can fight this with a lawyer. It is often worth it.
You can also collect damages if there was nefariousness.
Landlords like to rent to transplants and similar for that reason - deregulation by default. They know nothing and do not question or are too selfish to do so once they find out. These same types could not wait to join Occupy Wall Street.
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Old 12-22-2012, 02:38 PM
 
Location: West Harlem
6,885 posts, read 9,944,351 times
Reputation: 3062
Quote:
Originally Posted by Kefir King View Post
Remember, the new owners will have to PROVE that your apartment has been decontrolled.
Right, that's the thing.
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Old 12-22-2012, 02:39 PM
 
Location: West Harlem
6,885 posts, read 9,944,351 times
Reputation: 3062
Quote:
Originally Posted by aptnyc View Post
Same thing happened to me last year when my building was bought by a big management company who wanted everyone out so they could gut it.

Some people in my building tried to fight, but honestly it's useless. These types of people couldn't care less about your circumstances. I can't even stress that enough.
It's not at all useless, and it has nothing to do with convincing the landlord of the validity of your circumstances. It has everything to do with the law.
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Old 12-22-2012, 02:42 PM
 
Location: West Harlem
6,885 posts, read 9,944,351 times
Reputation: 3062
Quote:
Originally Posted by Kefir King View Post
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.
Of course ! That's how they do it. I have seen this many many times.
It's a gamble. If it works, GREAT ! If not, they have nothing to lose.
They can be forced to pay damages but so few tenants realize and/or follow through on these things.
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Old 12-22-2012, 02:50 PM
 
Location: West Harlem
6,885 posts, read 9,944,351 times
Reputation: 3062
Quote:
Originally Posted by enro View Post
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.
That's good, please be sure you get a very good attorney with lots of housing court experience.
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Old 12-22-2012, 03:24 PM
 
25,556 posts, read 24,024,222 times
Reputation: 10120
Quote:
Originally Posted by marilyn220 View Post
Are you really seriously asking this???

He has to save up an incredible amount of money, pass all these hurdles like he's applying to NASA, and who knows how long it will be until he's "approved" to rent a closet here.

If the OP is willing to live in the outerboroughs like Queens or the Bronx, then it won't be as bad, but more than likely he probably doesn't.
Even in the outer boroughs you will need at least two months rent, maybe three to move in (if you use a broker) and they still do things like credit checks and income verification.
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