Being a sleuth: illegal J51 beneficiary deregulated in 2001

[TenantNet]

Didn't you say above you hired an attorney? Can you let us know via Private Mail the name of the attorney and the docket/index number of the case? This thread goes back a year, so I don't recall if you had sent us any of that information in Private Mail previously.

[TenantNet]

As a followup, please verify that the index no. for the housing court Petition ends with xxxx76. I found what I think might be your case and looking at it now.

I found a letter from an attorney ostensibly representing you ... is this person/firm a residential tenant attorney? I have never heard of them. His bio says he's experienced in real estate, but that's not residential landlord/tenant and it looks like he does mostly commercial real estate. He may be very competent, but you'll find out that NYC Housing Court is a bit of a circus and quite a bit different from negotiating commercial leases. (OTOH, I could be wrong).

You said the LL is a large firm ... I've not heard of them previously.

It looks like your first appearance in court is tomorrow. If so, I would ask for an adjournment. Most cases are adjourned the first time on and with the COVID backlog, it could be for a few months. I know of one tenant whose first time on was yesterday and it got adjourned until March 20.

I would not put in an answer yet without legal advice. Better to have an attorney do it.

Also, did you apply for ERAP? If that's the case, there are likely limitations as to what the LL can do (it can vary depending if it's a non-pay or holdover).

[Sleuth40]

Thanks for this. Yes exactly, it's me. The lawyer was to try to see if we could have an agreement with my landlord but he did not budge. MT is not the owner as much as one of his management companies, they manage 300 of his units. I am going there tomorrow and will ask for an adjournment. I did not apply for ERAP because I could pay rent, I just cannot move without proof of income and now it's too late. I am going by myself tomorrow and will ask for an adjournement.

[TenantNet]

Depending on your situation, you could also try to get a tenant atty through the Right to Counsel situation. It always helps to tell the court you're trying to find an atty, if that's the case. You didn't say if you were keeping the first atty, or not.

I gather you're up-to-date with rent - I didn't see a rent demand in the Petition. If the unit was deregulated 20 years ago, IMHO there's not much of a chance to use that, unless you can establish fraud. In such cases, an attorney might be able to negotiate an extended period to find a new apartment. I've seem 6-12 months.

In addition to money, ERAP provided for a one-year period where the LL was not able to evict a tenant. But ERAP ended over this past weekend, so it's too late for that.

BTW, I saw that you're involved with a group working on a new building on the West Side. (sorry to be so obtuse). I have heard so many things about that situation, from both sides. There were some really awful people trying to stop it.

[Sleuth40]

Yes, I am pretty much stuck. Frankly, I never thought it was a possibility I would not be renewed if I paid rent on time, had 80% carpeting, and never asked anything from my LL. But that was French socialist thinking Hopefully, I will find a way to get back on my feet.

I wondered what you were referring to and then remembered I am on the Board of HW which is pretty ironic given my current situation. The residents of the Upper West Side sued successfully to shut down shelters in their area.

[TenantNet]

Yes, it's the HW project. The UWS is different, but some in HK are just as racist. Coopers can't understand there's a difference btw homeless on the streets and homeless in shelters, and between SRO tenants. They are delusional in wanting so-called "working class" tenants for luxury units of over $3K and at the same time supporting places like Hudson Yards.

At the time I heard various accusations regarding HW. The current council member has no backbone and gave in to the coop/condo people more than he should.

The UWS group, Open Hearts, may have its heart in the right place, but are incredibly naive and are hooked-in with some horrible people and groups.

[Sleuth40]

My visit to Housing Court was short an easy. The landlord's lawyer asked me if I wanted to get a free lawyer. I said no. He said "what do you want?" and I said "an adjournment". So I have two months before returning to court but no game plan.

[TenantNet]

You should have gotten a lawyer, seriously. A TENANT lawyer who knows all this stuff. The case would have been adjourned anyway, and talking to the LL's attorney (by yourself) can create more problems than you can imagine. And if there's no hope, a good tenant lawyer can make a huge difference in getting you an extended period of time.