If Landlord wants apartment for family member...

danielle123 · March 2009

...is there any defense to this? Is retaliation a defense?

I have a rent-stabilized apartment. Landlord and I got into a disagreement, recently. Now he and his wife don't talk to me and the wife is giving me the evil eye. Just planning ahead, in case. They have family in and around NYC and could say that they want the apartment for a family member (they said this a few years ago, but the short story is that the family member changed her mind).

If I were to complain about the lack of heat (or other violations of law) could I use retaliation as a defense to their taking the apartment for their family member? I am not the newest tenant - does that matter or can they just choose my apartment if they want to?

Thanks.

sandcastler · March 2009

Check tenantnet
http://www.tenant.net/nyc.html

I'm pretty sure that in a small unregulated building, they have to honor the term of your lease. That's it. They are under no obligation to offer you a renewal after that one is up. Don't even have to give a reason. :-(

jml · March 2009

If it's rent-stabilized they have to offer you a lease at the end of your current one. I don't think the family member clause has been used too successfully by landlords. In any case, tenant.net is a good place to start.

sandcastler · March 2009

oh, stabilized! that's a different story!
reading comprehension + me = 2.

Any chance you can mend your relationship with a home-made pie?

modsquad · March 2009

Yes, you could. But you need to file the complaints with the city so there is a paper trail. There are tenants and there are TENANTS. If you think the threat is real and you want to sleep at night then you have to become the latter. It is a big mistake to confront the Landlord. It means nothing in Court and will only wound his overblown ego. Simply file the complaints and smile at the asshole. I make my living off of the adversarial relationship between LLs and tenants. Tenants who know their rights and are militant about them are handled with kid gloves. Start a journal, backtrack, describe conversations, remember anybody who might have heard anything relevant. If he really wants the apartment, to avoid a harassment case he'll have to offer you money, a lot of money.

A landlord may not take any action to unlawfully force a rent regulated tenants to vacate their apartments or to give up any rights they have under the rent laws. Landlords found guilty of harassment are subject to fines of up to $5,000 for each violation. Tenants may contact DHCR if they believe they are the victims of harassment. Under certain circumstances, harassment can constitute a class E felony. (Penal Law Article 241)

danielle123 · March 2009

Thanks, everyone. Thanks Mod. I'm trying not to make this too adversarial but I don't want to be out on the street and paying "real" rent at the end of my lease.

sugarpet · March 2009

The owner can claim your apartment only for his immediate family, so no cousins. And the owner must establish an immediate and compelling need for the apartment.

Check DHCR website for details;
http://www.tenant.net/DHCR_info/Fact_Sheets/fact10.html

danielle123 · March 2009

Hey Sugarpet, I think the "immediate and compelling need" is for apartments outside of NYC. Also, my LL does have immediate family - son, daughter, and granddaughter (not sure if she qualifies but the other 2 do):

"For rent stabilized apartments outside NYC and for rent
controlled apartments statewide, the owner must apply to DHCR for
a CERTIFICATE OF EVICTION for owner occupancy. An owner must
establish an immediate and compelling need for the apartment. If
the DHCR grants this Certificate, the owner may then proceed to
evict the tenant."

sugarpet · March 2009

I see, but how will retaliation help you keep your apartment? As sandcastler said, any chance of mending the relationship?
Common obstacles or problems affecting the building that will have both you and the landlord work together on them will work charms in that area.
If your landlord claims the apartment for his family, the family must live there for at least 3 years or you will have plenty of ammunition to retaliate then....

danielle123 · April 2009

Thanks, sugarpet.

danielle123 · April 2009

So my landlord just gave me a new "Apartment Lease" (including 4 pages of legal language) instead of the simple 1-page "Renewal Lease Form" he has given me for the past 10 years for my rent stabilized apartment. I think he did this because of the recent disagreement we had as an effort to protect himself.

2 things:

1. Can he give me this form for a rent stabilized apartment rather than the DHCR Renewal Lease Form he has given me for 10 years?

2. The lease he gave me has terms which are counter to rent stalization law (I believe). One section says that I may not sublet the apartment. Under rent stabilization, I believe you can sublet the apartment showing good cause and/or with the landlord's consent. Another part says that I have to maintain all appliances (we had an issue over a broken fridge) or else he can replace and add to my rent.

Thoughts, anyone? Mod?

If Landlord wants apartment for family member...

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