Posted by TenantNet on September 17, 1998 at 06:48:43:
In Reply to: Re: 403 Forbidden your http://tenant.net/rights/illevict/illevict.html posted by TenantNet on September 17, 1998 at 06:33:09:
We noremally don't do this. See "Residential Landlord-Tenant Law in New York" by Andrew Scherer, pub. Lawyers Cooperative Publishing, 1996.
This is the "Bible" of LL/T law in NYC. If your lawyer is advising you to ignore this law, we suggest you get a new lawyer. We understand the difficulty you are experiencing, but we advise caution and don't change locks without going to court.
Conduct prohibited by the stature [NYC Admin Code 26-521]
...changing the entrance door lock without giving the tenants the new key.
An individual who has legally occupied his/her dwelling unit for at least 30 consecutive days is also protected by the Illegal Eviction Law.
A "licensee" is a person who entered with the permission of either the owner, the tenant or someone with some possessory right to the dwelling unit and who has been in occupancy of the premises for at least 30 days, is clearly protected by the statute. Thus a roommate, or even a guest who is invited to share a dwelling with the prime tenant, cannot be removed without a court order if he/she has been in occupancy for at least 30 days.
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