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Happy Election Day All! I was hoping that I could get some advice on a housing issue.
I've been living in a rent stabilized apt since 2006 with my daughter. Last year my mother in Seattle got very sick. At first I traveled back and forth but after a couple months it just became to expensive so I elected to temporarily move out there to care for my parents. In the mean time I told my daughters friend that she could stay in in my room - so long as she split the rent with my daughter.
I told my landlord to add her to the household composition- didn't want to break any sublet laws. They said okay but she had to go in to sign certification papers since it's a tax credit apartment. I thought all was well until a few months ago when I came back to NYC after burying my mother and the young lady refused to leave. She says no judge is going to kick her out since has a copy of a rent stabilized lease with her name on it.
I found out that the management company allowed the young lady to SIGN MY LEASE. Somehow she convinced the nincompoops to add her to the lease without my permission. I was always the only one on my lease. My daughter never even signed my lease with me. In fact they hadn't provided me with a renewed lease since 2011. Yet they drew up a new lease for this young lady, put me and my daughter as members of the household and her as primary tenant. The management company apologized "for the clerical error", did away with her lease and drew up a new one for me. Other than that they are refusing to help me- claiming they don't want to get involved. No doubt out of fear they will be sued. Nevertheless, the girl still has that competing lease with her name on it. If I rush into court and a judge finds that we are indeed "Co-tenants" I will be screwed. I want to find the best legal route in order to insure success. DHCR says to file a case with them against my landlord using form RA-90; however it could be years before this all is resolved. Unfortunately my daughter and I are stuck in a house with her backstabbing ex- friend until then.
Thoughts? Advice? How can I expedite this issue with DHCR? Any ideas on creative/alternative routes that I could take?
If she has been there longer than 30 days, you could be in danger of facing illegal lock-out charges.
I would get a lawyer, and a good one.
About squatting ... there is this story, for instance, and I could tell a few others. Nightmare In Harlem - The New York Sun
There was a building on lower Convent that was rehabbed, the developer put up gates such as one might expect at a prison - and a very high security one at that. It had been vacant, but people apparently move in under stealth of night once they see building going on.
I am surprised anyone is worried about their daughters friend wanting to stay in the apt. Move back into the apt, and make it such that she will WANT to leave...unbearable for her to stay. For example:
Step 1: Remove all of your furniture/dishes/pots etc from the common area (livingroom, dining room, etc) and put it in storage. She wants furniture, she can buy it and you can wreck it.
Step 2: Take the utilities/cable/internet out of your name forcing her to put them in hers. She won't? Then nobody has electricity, cooking gas, cable or internet! If she does put it in her name, don't pay her a cent for any of it but always leave all the lights on 24/7.
Step 3: Mix and match the below:
Walk around in your underwear, farting nonstop
Leave the kitchen a wreck, rotting food is a +
She wants to sleep at night? Music will be blasting, as will the TV..all night everynight
You might want to start hoarding garbage..don't throw it away..just keep it in the apt
Start learning to play the drums, the trumpet, or the electric guitar in the apt
Keep unplugging the refrigerator so she can never keep anything in it, remove microwave
If you have any unsavory friends (to put it nicely), make sure they are always over hanging out in the apt
Never flush the toilet after you use it, and of course cleaning anything is out of the question. Smearing your sh** on the toilet/floor regularly is a +.
Profanity laced tirades should be a normal, every day occurrence, brought on by absolutely nothing, and directed towards no one in particular
Talk to yourself, often
Leave the front door constantly unlocked so anyone can walk in at any time
Keep the kitchen, livingroom, dining room, bathroom, and every common area window open all day and night in winter..the apt should be freezing all the time. You like it extra cold!
Never communicate with her directly, or validate her presence in any way. If she complains, look blankly at her and keep doing whatever it is you do. She no longer exists.
If she leaves anything in the common area like clothing, food, furniture, pots, dishes, toiletries, makeup, etc...use it, eat it, stain it, "break it by accident." You get the idea.
You can use some, or all of these techniques...just a few strategies to give you some ideas. At this point you will go through alot of litigation and won't be able to get her out because, whether you like it or not, she has a valid lease and all the rights you do. This will be war, but if you are consistent with what I recommended, she will not want to stay..trust me, and you will get your apt back sooner rather than later. Make sure that you have solid locks outside your bedroom doors and keep them locked at all times, as you will be living wholly in there until she moves out..and she will.
Just kicking her out is badddd way to go in NYC. NYC is very tenant friendly city (whether she is or isn't tenant hasn't been determined by legal professional) so you need to get lawyer. Otherwise you can be screwed even further.
But yeah do seek legal advice. If she has no place to go, holidays are here, and winter is fully kicked in, judge may not rule to get her evicted till weather is warmer, holidays are over, and she has place to go.
You left, you agreed to accept her rent, you told landlord she was part of the "household composition."
Did you not think something was strange when you or your daughter were not presented with a lease renewal for the last 2 years? Is your daughter aware of what goes on around her?
You will not get rid of your new roomie. In fact, if hers is the only name on the lease you might well fear her trying to get rid of YOU.
A rent stabilized lease is like gold, you need to hold on with both hands because there are those who would LOVE to take it from you.
Quote:
They said okay but she had to go in to sign certification papers
And that didn't raise a red flag for you? What did you think they were certifying her FOR?
I'll bet you have no contract between the two of you, right?
<Gee, this sounds almost exactly like a situation several months back???>
Last edited by Kefir King; 11-06-2013 at 08:26 AM..
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