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Posted by Gary on October 23, 2000 at 10:28:05:

In Reply to: Landlord Harassment-2nd posting posted by Susan on October 22, 2000 at 12:47:39:

: I am a rent controlled tenant in Manhattan apt - have lived here 31 years.Someone new bought the building in July of this year. He offered me money to vacate which I refused and then said that I(and presumably the other tenants) could no longer use the backyard which we have had access to for the entire time I have lived here, except to put out garbage & recyclables because his insurance wouldn't cover any liability. I offered to sign a statement absolving him of any potential liability which he accepted. A few weeks ago, his lawyer sent me a letter that they had reconsidered & that use was restricted under pain of legal action. I received from quick legal advice which basically said that he really couldn't just withdraw what had been an existing building service & so wrote back. I have now received a 2nd letter threatening a holdover proceeding. He is warehousing 2 empty apartments & has offered money to at least 1 other tenant & has also neglected to send that rent stabilized tenant a renewal lease even tho he has increased her rent. Has anybody gone thu anything like like? Know anything about use of backyards, courtyards etc? I'm really looking for info on tenant use of backyards in Manhattan esp Chelsea/West Village, etc. As a rent-controlled tenant - I'm a "statutory" tenant which means I no longer have to renew leases but may stay in the pat as long as I pay rent, have it as my primary residence, etc. Also what does anyone know about building liability insurance re: common areas - including backyards, courtyards - since this is the excuse the landlord is using?

Well, this is what I THINK is the situation--hopefully somebody with greater knowledge will post a response.

I believe that, based on what you're saying, use of the backyard is a "required service," and that thus you have grounds to complain to the DHCR.

Too bad you did not receive a response to your original posting. Perhaps somebody will give you a better answer, if for no other reason than to prove me wrong!

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: : I am a rent controlled tenant in Manhattan apt - have lived here 31 years.Someone new bought the building in July of this year. He offered me money to vacate which I refused and then said that I(and presumably the other tenants) could no longer use the backyard which we have had access to for the entire time I have lived here, except to put out garbage & recyclables because his insurance wouldn't cover any liability. I offered to sign a statement absolving him of any potential liability which he accepted. A few weeks ago, his lawyer sent me a letter that they had reconsidered & that use was restricted under pain of legal action. I received from quick legal advice which basically said that he really couldn't just withdraw what had been an existing building service & so wrote back. I have now received a 2nd letter threatening a holdover proceeding. He is warehousing 2 empty apartments & has offered money to at least 1 other tenant & has also neglected to send that rent stabilized tenant a renewal lease even tho he has increased her rent. Has anybody gone thu anything like like? Know anything about use of backyards, courtyards etc? I'm really looking for info on tenant use of backyards in Manhattan esp Chelsea/West Village, etc. As a rent-controlled tenant - I'm a "statutory" tenant which means I no longer have to renew leases but may stay in the pat as long as I pay rent, have it as my primary residence, etc. Also what does anyone know about building liability insurance re: common areas - including backyards, courtyards - since this is the excuse the landlord is using?

: Well, this is what I THINK is the situation--hopefully somebody with greater knowledge will post a response.

: I believe that, based on what you're saying, use of the backyard is a "required service," and that thus you have grounds to complain to the DHCR.

: Too bad you did not receive a response to your original posting. Perhaps somebody will give you a better answer, if for no other reason than to prove me wrong!


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