Landlord Destabilizing Apartments

[kitesarefun]

The building where I live is rent stabilized. My landlord told the tenant of the apartment above me that he wasn't renewing his lease because he wanted to move his grandson in. After the tenant moved out, a random person who wasn't related to the landlord moved into the apartment. Obviously, this is illegal.

I've lived in my building for eight years and am currently on a two-year lease that expires in 2017. My landlord has dropped hints that he's going to try to do the same thing to me. What's the best course of action? I know that the only way for landlords to get rid of rent stabilized tenants is to move an immediate relative in, but it's also illegal to use that as a phony excuse.

I have some time to worry about this, but want to be prepared. Thanks for any responses.

[TenantNet]

Owner occupancy is a process with DHCR. See http://goo.gl/md2Vf9 - while tenant don't always win, they can certainly fight it at DHCR and in court appeals, especially if you can show fraud with a previous instance.

You should document what happened with the other tenant - so if the LL tries it with you, you will have a way to defend against it. You should also be in touch with the tenant who moved out in case they want to seek some measure of compensation.

I would consult with a good tenant attorney ASAP.

[kitesarefun]

That's excellent advice. Thank you for that and for the link to the PDF. I'm going to hold onto that. I also asked a friend who's an attorney for a referral for a landlord/tenant lawyer.

[TenantNet]

Just make sure you get a tenant attorney, not some ambulance chaser with offices above the deli on the corner.

[kitesarefun]

I'll definitely do that. Also, presenting him with the PDF may be enough to scare him off. He's so greedy that the thought of him not being able to raise rents for three years may take care of everything. That's my hope, anyway.

[BubbaJoe123]

OP, from your description, even what the landlord _said_ he was going to do with the other apartment (evict the RS tenant so his grandson could live there) doesn't pass legal muster, since the person being put into the apartment must be an immediate family member, and I don't believe that a grandchild would count. Typically immediate family is the owner, his/her spouse, their kids, and the owner's siblings or parents.

[TenantNet]

That's why the previous tenant - the one who was told to leave - might have grounds to seek some sort of redress.

[Allaphil]

Find out who is actually your landlord:
1)If your building is owned by an individual ( Mr. Smith) or by joint ownership (Mr. Smith and Mr. Evans) or by multiple ownership ( Mr. A and Mr.B and Mr.C) - only in this case our LL can start the process for the owner occupying apartment
2)If your building is owned by a corporation (XYZ Realty; ABC Management; etc.) or by LLC (DOGCAT LLC) - landlord CAN NOT start the process for the owner occupying apartment

[BubbaJoe123]

Find out who is actually your landlord:
1)If your building is owned by an individual ( Mr. Smith) or by joint ownership (Mr. Smith and Mr. Evans) or by multiple ownership ( Mr. A and Mr.B and Mr.C) - only in this case our LL can start the process for the owner occupying apartment
2)If your building is owned by a corporation (XYZ Realty; ABC Management; etc.) or by LLC (DOGCAT LLC) - landlord CAN NOT start the process for the owner occupying apartment

Just to be clear, the key question is the building's OWNERSHIP, not the management. So, as an example, Bob Jones could have hired Prudential Douglas Elliman to manage the building for him - so long as Bob actually owns the building, he's not disqualified from using owner occupancy.