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Posted by TenantNet on March 20, 1997 at 11:13:29:

In Reply to: Rent Control Rules? posted by Leslie on March 18, 1997 at 12:56:54:

: I am currently living with someone that was given a rent control apartment
: in New York City for years. She is splitting the space in the apartment
: with me and I am paying $600.00 per month. Obviously there is no lease because
: what she is doing is illegal. Now she wants to kick me out and is threatening
: to change the locks with my belongings in the apartment. What are my rights?
: I live on 303 East 76th street and I know that it is a rent control building.
: Can she stay in the building even though what she has done is doing is illegal?
: Who can I call to report her?

I think you may be under a few misconceptions. From what you indicate,
you are a roommate to the prime tenant. That tenant has the right to have
a roommate under Real Property Law sec. 235-f. But as for kicking you out,
as you are a "licensee", the tenant would have to revoke the permission
she originally gave to you to live there, and it should be on proper
notice (usually 30 days). If you don't comply and leave, then the tenant
would need to commence a licensee proceeding in housing court just as
if she were a landlord and you were the tenant. But you do not have
rent control or rent stab rights. The tenant cannot just change the locks
which is a criminal offense in NYC (illegal eviction). She must go
through the legal process.

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Comments:
: : I am currently living with someone that was given a rent control apartment 
: : in New York City for years.  She is splitting the space in the apartment 
: : with me and I am paying $600.00 per month.  Obviously there is no lease because 
: : what she is doing is illegal.  Now she wants to kick me out and is threatening
: : to change the locks with my belongings in the apartment.  What are my rights? 
: : I live on 303 East 76th street and I know that it is a rent control building. 
: : Can she stay in the building even though what she has done is doing is illegal?
: : Who can I call to report her?

: I think you may be under a few misconceptions. From what you indicate,
: you are a roommate to the prime tenant. That tenant has the right to have
: a roommate under Real Property Law sec. 235-f. But as for kicking you out,
: as you are a "licensee", the tenant would have to revoke the permission
: she originally gave to you to live there, and it should be on proper
: notice (usually 30 days). If you don't comply and leave, then the tenant
: would need to commence a licensee proceeding in housing court just as
: if she were a landlord and you were the tenant. But you do not have
: rent control or rent stab rights. The tenant cannot just change the locks
: which is a criminal offense in NYC (illegal eviction). She must go
: through the legal process.



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