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Posted by Samantha on August 06, 2000 at 21:50:09:

My situation is similar to one posted by Eliana on 8/5, however, I've been in my NYC rent stabilized apartment for 10 years and have been paying 200 dollars in excess of the legal rent for the entire ten years. The management of the rent stabilized building I live in recently changed and the new landlord has been cleaning house. Can I use the illusory tenant defense without seeking damages from the prime tenant who in this case is a relative? Also, the landlord seems to be up to something--after receiving a non-renewal lease based on primary residency 119 days prior to the termination of the lease, a lease renewal with a request for speedy return and a deposit was sent with just 40 days to go. Before the lease could be signed and returned a notice of cure was sent based on illegal sublet and on the same day a thirty day termination based on primary residency. This seems ambiguous at least if not outright deceptive. What are the chanes of getting a petition for eviction thrown out on technicalities. And, what happens if it is?
Please respond soon, facing eviction with small child at end of month.

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• Re: illegal sublet John 08/07/00 (0)

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: My situation is similar to one posted by Eliana on 8/5, however, I've been in my NYC rent stabilized apartment for 10 years and have been paying 200 dollars in excess of the legal rent for the entire ten years.  The management of the rent stabilized building I live in recently changed and the new landlord has been cleaning house.  Can I use the illusory tenant defense without seeking damages from the prime tenant who in this case is a relative?  Also, the landlord seems to be up to something--after receiving a non-renewal lease based on primary residency 119 days prior to the termination of the lease, a lease renewal with a request for speedy return and a deposit was sent with just 40 days to go.  Before the lease could be signed and returned a notice of cure was sent based on illegal sublet and on the same day a thirty day termination based on primary residency.  This seems ambiguous at least if not outright deceptive.  What are the chanes of getting a petition for eviction thrown out on technicalities.  And, what happens if it is?
: Please respond soon, facing eviction with small child at end of month.


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