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After 20+ years want to stay where I am.

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Re: After 20+ years want to stay where I am.

Postby claire78 » Wed Jun 03, 2015 7:29 pm

Not surprisingly did not receive a timely renewal offer. In response to my e mail I Received Communication from landlord, saying working on XY, will get back to you once resolved.... Something along those lines. Nothing specific. I do not consider this communication, since there is nothing specific. Not to mentioned my lease has nothing to do with whatever they are dong, I am entitled by law to renewal, I Also sent registered mail with request for renewal. It is 90 day before lease expiration. I know they are playing games hoping they do not have to renew it. (Whole story in previous listings.)

How soon would you file a complaint with DHCR on form RA 90 and what will happen after you file the complaint? Have the form and all the supporting docs requested.
Thank you.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Wed Jun 03, 2015 7:36 pm

This thread is 8 months old. You should give a 1-2 sentence refresher. I should not have to re-read all the prevous posts. We do a lot more than watch this forum.

Don't do anything.
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Re: After 20+ years want to stay where I am.

Postby claire78 » Wed Jun 03, 2015 8:13 pm

Sorry, did not know.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Wed Jun 03, 2015 8:26 pm

Don't be sorry. Give us a 1-2 sentence refresher.
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Re: After 20+ years want to stay where I am.

Postby claire78 » Wed Jun 03, 2015 8:36 pm

After LL death Building part of estate, still not resolved. Building is more than 50% empty. Heirs Clearly want to sell building and do not want us to sing new Iease. Last lease signed under estate, up in 90 days.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Wed Jun 03, 2015 10:44 pm

Short answer is that if you are RS, then you are still RS no matter what the heirs want. You still have all RS rights that you had before, including the right to a lease renewal.

Yes, LL's can try for personal occupancy, but that is complicated and can only be done with proper notice before the expiration of a lease. Tenants can fight that.

So if you haven't received a lease renewal, I would do nothing. Your rent will not go up as long as they don't make the lease offer, then the timeline kicks in. See the back of the DHCR form RTP-8 for details on what happens once they make a late offer.

My landlord waited four years not giving me a lease offer. I did nothing. My rent was frozen all that time. Yes, you can complain to DHCR, but why do that? You still have all your rights. Do nothing. Keep paying the same rent.

If the LL says anything about moving, or personaly occupancy, or whatever, I would do absolutely nothing - don't even respond - unless it's in writing.
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Re: After 20+ years want to stay where I am.

Postby claire78 » Fri Mar 25, 2016 3:56 pm

Update. The building is now listed for sale. As a coop. Apparently they registered it as such. We were not told anything, but the owners are coming by with real estate agents showing the building. We found the listing on the internet, no mention in the listing about RS tenants. This is a multiple dwelling rental building and has always been. The tenants are RS. Not sure why they would have changed it into a coop and what that means. Is it possible and legal? If it had now become a coop is it going to be sold as a coop? Does at have to remain a coop? Do they have to make the current tenants an offer to purchase first as in coops in general? I assume as all the buildings around, they want to sell it as a single occupancy residence, not individual apartments. If it is an eviction plan coop, do the RS tenants have a 3 year protection as I read. I also read if there is warehousing proven coop conversion will not be approved. Currently 66% of the building 4 of 6 apartments are vacant. Evicted tenants, The did not want to rent them to be able to easily vacate the building. Can this issue be raised? Are the coop documents public? At the same time the building has been registered as an LLC, this is public information.
Thank you in advance.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Fri Mar 25, 2016 5:28 pm

I haven't re-read all your prior posts, so I'm just responding to the latest post.

To convert a building from rental to coop, the sponsor MUST go through the NYS Attorney General and it must be approved - and that can be a lengthy process. I'm pretty sure all tenants will need to be notified and there would have to be a "black book" outlining the offering. These days almost all coop conversions are non-eviction plans.

You need to form a tenant association and get a lawyer. If the LL is making representations as to the status, that might be fraud. Just google "NYS Coop Conversion" - here are a few results http://goo.gl/zbLtJC and https://goo.gl/U37z5r

On a non-eviction plan RS tenant are still protected. But that won't stop a LL from pressuring tenants. A good lawyer can and will.
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Re: After 20+ years want to stay where I am.

Postby claire78 » Fri Mar 25, 2016 5:45 pm

Thank you. The handbook I read before. What determines if it is a non eviction or eviction plan? Is it up to the sponsor or landlord? So far we have not been notified about any conversion and the warehousing should be an issue in the approval process.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Sat Mar 26, 2016 7:51 pm

My understanding is that the sponsor can choose, but look at the requirement for the eviction plan - they are so onerous that most conversions are non-eviction. Or the LL engages in shady tactics. That's why you need to talk to a lawyer who specializes in coop conversions. If I remember, one such atty is Kevin McConnell from the for Himmelstein McConnel et al.
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Re: After 20+ years want to stay where I am.

Postby claire78 » Fri Apr 08, 2016 8:15 pm

I have a hard tine finding a good tenant lawyer to consult regarding rent stabilized tenancy in townhouse being converted to single family residence. Do not know anyone who had this kind of problem, so no recommendation. Anyone besides Mr. Rozenholc who perhaps specialize in bigger cases? Any suggestion would be greatly appreciated.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Fri Apr 08, 2016 11:13 pm

There are many tenant attorneys, but a lesser amount that deal with complicated cases.

First define the issue. As you indicate, "consult regarding rent stabilized tenancy in townhouse being converted to single family residence" is one issue. That seems to be an owner occupancy issue.

But a coop conversion is something else.

I would look at the attorneys who advertise on this site. I know for coop issues, Kevin McConnell seems to specialize in that area.

We certainly know of Rozenholc's reputation for big cases, but we have had no experience with him.

Neither of those two are advertisers on TenantNet. There are other good an capable attorneys who advertise here. If you have questions about any, I would suggest asking in Private Mail.
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Re: After 20+ years want to stay where I am.

Postby TenantNet » Fri Apr 08, 2016 11:18 pm

A thought worth remembering. As a RS tenant you have the right to a lease offer. If the LL fails to do that, your rent does not go up. For some tenants that's a plus and they don't want to remind the LL. For others - particularly seniors - they want the "security" of having a lease renewal. Our view is that is misplaced. The law gives you that security. It does not matter that the LL is busy figuring things out or doing something else. If my LL were to fail to offer a lease, I would sit tight, be quiet and not remind him ... and enjoy the lower rent.

A LL who fails to offer a lease renewal might also fail to register the unit. Without a lease and registration, the LL cannot offer a legal Golub notice - the predicated notice for owner occupancy. So again, I would sit tight. But I would get some legal advice.
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