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Posted by Anna on August 09, 1999 at 23:29:20:

In Reply to: Management trying to evict co-op owner for illegal subletting posted by Bob Bennett on August 09, 1999 at 10:41:38:

: My wife and I live with our son in his co-op apt. The manager wants us out, because I pushed through a proposal he vigorously opposed, in another co-op he managed. He now wants to get even with me.
: He has sent my son a notice to cure (within ten days) illegal subletting (by John & Jane Doe). We know he is referring to us, however, because the manager's assistant told my son on the phone the real problem is that his parents live in the apt. (my son recorded this conversation.)

The Notice to Cure is for 'illegal sublet'? not 'non-primary residence' and the asst manager spoke to your son on the phone IN the apt they claim he does not live in? I agree with your analysis: retaliation and harassment...

In addition to what Mark said:

Please know that nobody has to move anytime in the near future. A Notice to Cure is NOT an eviction notice: it is a warning, probably required by your son's lease. No one can be required to move (evicted) except by a court, in this case, after a Holdover Proceeding. Please go to TenantNet Home and print out and read the info on this subject before you speak with a lawyer and/or answer the Notice. You can also search the Housing Court decisions for 'holdover', 'illegal sublet', 'non-primary residence', etc to get an idea what type of documentation helps the most to win in court, if it gets to that. If this is NYC, call or go to West Side Tenants Union Tues or Wed (with the lease and the Notice) or call Met Council Wed pm.

Here are some places to start:

http://tenant.net/Court/Howcourt/contents.html read: both Tenants Guides and Holdover Proceedings (CWTF)

http://tenant.net/Court/Hcourt/index.html to search decisions

http://tenant.net/Tengroup/ a couple of tenant clinics

Counterclaims come later: if & when they file a lawsuit: which probably should be in Housing Court, not Supreme Court. HC is faster and less expensive.

Follow Ups:

• Re: Management trying to evict co-op owner for illegal subletting Mark Smith 8/10/99 (0)

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Comments:
: : My wife and I live with our son in his co-op apt. The manager wants us out, because I pushed through a proposal he vigorously opposed, in another co-op he managed. He now wants to get even with me.
: : He has sent my son a notice to cure (within ten days) illegal subletting (by John & Jane Doe). We know he is referring to us, however, because the manager's assistant told my son on the phone the real problem is that his parents live in the apt. (my son recorded this conversation.) 

: The Notice to Cure is for 'illegal sublet'? not 'non-primary residence' and the asst manager spoke to your son on the phone IN the apt they claim he does not live in?  I agree with your analysis: retaliation and harassment...  

: In addition to what Mark said:

: Please know that nobody has to move anytime in the near future.  A Notice to Cure is NOT an eviction notice: it is a warning, probably required by your son's lease.  No one can be required to move (evicted) except by a court, in this case, after a Holdover Proceeding.  Please go to TenantNet Home and print out and read the info on this subject before you speak with a lawyer and/or answer the Notice.  You can also search the Housing Court decisions for 'holdover', 'illegal sublet', 'non-primary residence', etc to get an idea what type of documentation helps the most to win in court, if it gets to that.  If this is NYC, call or go to West Side Tenants Union Tues or Wed (with the lease and the Notice) or call Met Council Wed pm.

: Here are some places to start: 

: http://tenant.net/Court/Howcourt/contents.html   read: both Tenants Guides and  Holdover Proceedings (CWTF)

: http://tenant.net/Court/Hcourt/index.html   to search decisions

: http://tenant.net/Tengroup/  a couple of tenant clinics

: Counterclaims come later: if & when they file a lawsuit: which probably should be in Housing Court, not Supreme Court.  HC is faster and less expensive.


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