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My partner and I, gay couple, have been together for 32 years and in our current rent stabilized apt for 30 years. My partner has a cottage upstate and our landlord has decided that his primary residence is upstate. I have AIDS and live on SSD and have no paper connection to the cottage. All of my SSD checks, credit cards, pharmacist, in short everything ties me to the city except for an upstate telephone listings. All of our city bills are in both of our names as is the lease. We've been told not to do anything but collect all of our evidence of city residence in preparation of going to court and not to give any info to landlord. I am worried because I'm 60 not well and would not want to spend my "golden years" in a rural cottage 4miles from the nearest convenience store.
Any advice would be greatly accepted.
if your bank accounts, drivers licence , taxes all reflect full time resident here you should fair well in this, in fact you can probley document thru cell phone , credit card charges etc just how much time you spend in the city... dont forget you ezee pass statement, thats a powerful tool also to show just how ofton you leave the city for up there
It sounds like the landlord is trying to get control of your apartment, and I would definitely follow your legal counsel and not provide any information to the landlord outside of court. Get everything together, including your EZ Pass receipts, etc. and perhaps even recruit neighbors, service providers, doctors, etc. to give testimony, proving that you meet meet the residency requirements for your apartment. Just having another seasonal home, and telephone number, or car registration does not mean that your residency status can be challenged.
Continue to pay your rent, listen to your legal counsel, reamin cordial to the landlord, and go to court to prove your status. Good luck.
I have seen this happen to many friends.Loss of residency status because of 2nd homes.Are you registered domestic partners with your NYC address as your registered domicile ? If yes,then you will have no problems.Are you on the lease ? If yes,your rights are as primary as his and his owning a house elsewhere has no effect on your rights.Where is the car registered ? Where are you/and he registered to vote ?
These will be the most important and deciding factors.
I'm sort of surprised that none of the market rate people showed up here yet. Anyway I'd stick to the advice of your lawyers. It sounds like your landlord is trying to kick you out and convert your space into a market rate unit. If there are other rent stabalized tenants remaining see what's happening with their units. If they're getting the boot too then, I'm pretty sure that its an illegal action and perhaps it would be best that your fellow tenant sue as a group.
It sounds like the kind of story that could potentially get good press as a legal/human rights/tenant issue (plus the gay marriage legislation issue). Hopefully you are registered as domestic partners or if not perhaps your lawyer can advise you. If the stress is contributing to health concerns or the other residence would not provide the same measure of health care, amenities, access to family/friends, etc., that might also help your case if it comes down to civil action.
It sounds nerve wracking but I have a feeling it will all work out...best of luck to you.
I thank you all for your advice and support. I have been told that domestic partnership puts you under the umbrella of " separate but the same". It creates a dual edged sword as to whose legal rights, residence, is supported. Any comment on that.
Last edited by T Tuxedo; 08-04-2009 at 09:42 AM..
Reason: Incorrect
Long time tenants threatened with nonrenewal of lease
Viralmd. Firefox won't go there and Safari does but doesn't go to topic. Site isn't helpful. Perhaps I'm not reading it correctly.
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