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Posted by Denis on August 28, 2001 at 23:28:02:

In Reply to: Re: Sorry, almost forgot, I DO NOT have a lease posted by courtwatcher on August 28, 2001 at 22:45:14:

: If the owner of your IMD is a corporation (rather than an individual) then the answer is "NO" -- only individuals are allowed to claim space for a relative.

I am not sure on this one, but I believe the owner does not own the building as part of a corporation he may have formed. I will try to find out though.

: You say you have no lease; depending on how long you have been living in the loft your rights as a tenant might vary. Your rights might also vary depending on what neighborhood you live in. (i.e.: Under NYC zoning regulations, SoHo has a "certified artist" residency requirement -- yet this regulation is rarely enforced.)

Yes, I have no lease (in terms of a lease being a prior agreement with the owner to live somewhere for a set period of time). As its an IMD, the building isn't exactly nice and pretty. I do not think the owner plans to renovate, which is why I purposely never entered into an agreement to stay. I have lived in the loft for about four years now, a friend lived there for about twelve years before. When my friend left, I was introduced to the LL/owner and moved in.

: Per "Eviction": The landlord cannot "evict" you; a judge / court can order you to be evicted. But the LL can bring an action to have the court evict you. In fact LL can bring an action against for just about anything -- if LL wants to pay court filing fees and pay a lawyer -- it doesn't mean that LL will prevail. It happens alot where a LL will try to scare a tenant into moving out by stating that LL wants to claim space for a relative -- when the real purpose is simply to get the tenant to move out in a quick and easy fashion.

Right, of course. I will have to wait it out and see if the owner is going to want to go to court over this. I guess he could still contact me first asking me to move. I heard from a friend/neighbor that the owner was planning on moving in, so I am trying to get a headstart before I am contacted.

: Keep this board posted as to what transpires -- and give us more details.

Thanks again for your help!

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Comments:
: : If the owner of your IMD is a corporation (rather than an individual) then the answer is "NO" -- only individuals are allowed to claim space for a relative.

: I am not sure on this one, but I believe the owner does not own the building as part of a corporation he may have formed.  I will try to find out though.

: 
: : You say you have no lease; depending on how long you have been living in the loft your rights as a tenant might vary.  Your rights might also vary depending on what neighborhood you live in.  (i.e.: Under NYC zoning regulations, SoHo has a "certified artist" residency requirement -- yet this regulation is rarely enforced.)

: Yes, I have no lease (in terms of a lease being a prior agreement with the owner to live somewhere for a set period of time).  As its an IMD, the building isn't exactly nice and pretty.  I do not think the owner plans to renovate, which is why I purposely never entered into an agreement to stay.  I have lived in the loft for about four years now, a friend lived there for about twelve years before.  When my friend left, I was introduced to the LL/owner and moved in.

: : Per "Eviction":  The landlord cannot "evict" you; a judge / court can order you to be evicted.  But the LL can bring an action to have the court evict you.  In fact LL can bring an action against for just about anything -- if LL wants to pay court filing fees and pay a lawyer -- it doesn't mean that LL will prevail.  It happens alot where a LL will try to scare a tenant into moving out by stating that LL wants to claim space for a relative -- when the real purpose is simply to get the tenant to move out in a quick and easy fashion.

: Right, of course.  I will have to wait it out and see if the owner is going to want to go to court over this.  I guess he could still contact me first asking me to move.  I heard from a friend/neighbor that the owner was planning on moving in, so I am trying to get a headstart before I am contacted.

: : Keep this board posted as to what transpires -- and give us more details.

: Thanks again for your help!


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