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I have had an apt in Manhattan (stabalized rent) for 15 years and 3 years ago I have had my cousin staying with me as I travel for a living. I also have a house in Florida in which I stay when I work there as well. When my cousin moved in with me I told my landlord that she was there and he seemed to be fine with that up until last week....When I came home to my apt in NYC I found a note telling me that I have to appear in Court to deal with my illegal Sublet......I'm not sure what to expect or actually what I did that was not legal??? Any suggestions? Eviction, jail???? Not sure. I would like to find out any info before I have to appear next week...Thank you
It is likely that the landlord is trying to get the apartment to market rate, and their main assertion will be that you are not intending to use the apartment as your primary residence. This is a civil matter, and it likely not to result in criminal proceedings, unless you are in contempt of court by not adhering to the ruling.
Before you go to court, you do need to investigate the lease to be sure that the terms were not violated. A cousin is not ordinarily considered "family" in terms of succession, though there are exceptions, but it is allowable to have a roommate under the stabilization laws; however, the courts have indicated that the roommate may not be charged more than their proprtional share of rent. You should be able to prove the amount your cousin has paid as a roommate, which should not exceed their individual share, and be able to prove that this is your primary residence. You are allowed to travel for work, and not lose your stabilized apartment.
Check with New York State Tenants & Neighbors Coalition to see if they have any specific information regarding your situation. And, if time permits, I would also consult an attorney who is specialized in tenant-landlord relations, since you may not have been in violation of the statute, and do need to be aware of your rights.
Also some lease like mine, states that you cant have visitors for more then 2 months at one time. Meaning that my cousin cant live with me for more then 2 months...
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