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Posted by New York Tenant on April 07, 2001 at 08:39:34:

In Reply to: Illegal Sublet posted by John Power on April 06, 2001 at 17:12:26:

The landlord will have to go to housing court to evict you and the tenant, and you don't have to move until a judge orders you to move.

You probably don't have a right to demand a lease in your own name (as in the case of an illusory tenancy), but you might be able to negotiate with the landlord for a vacancy lease.

:
: My Question is whether I have any rights under NYC Housing Law to keep the apartment I have been occupying for the last two years.
: I think the landlord has become suspicious recently that I am not in fact the person they receive checks from every month. I give money to the tenant on the lease who then sends it on to the landlord.

: If we are found out do I have any grounds to demand a lease under my name rather than be evicted? Can I be thrown out immediately or are court proceedings required?

: This is a rent stabilized appartment and if I lose it I don't know what I'll do.

: Any advice would be greatly appreciated.

: John

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Comments:
: The landlord will have to go to housing court to evict you and the tenant, and you don't have to move until a judge orders you to move.  

: You probably don't have a right to demand a lease in your own name (as in the case of an illusory tenancy), but you might be able to negotiate with the landlord for a vacancy lease.  

: 
: :
: : My Question is whether I have any rights under NYC Housing Law to keep the apartment I have been occupying for the last two years.
: : I think the landlord has become suspicious recently that I am not in fact the person they receive checks from every month. I give money to the tenant on the lease who then sends it on to the landlord.

: : If we are found out do I have any grounds to demand a lease under my name rather than be evicted? Can I be thrown out immediately or are court proceedings required?

: : This is a rent stabilized appartment and if I lose it I don't know what I'll do.

: : Any advice would be greatly appreciated.

: : John


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