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Lied into signing a vacancy lease

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

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Re: Lied into signing a vacancy lease

Postby TenantNet » Sun Jan 29, 2017 12:17 am

I think we covered all these issues above.
1. See Drucker v Mauro and Riverside v. Monroe.

2. She was asking for you to be on the lease pursuant to succession rights, not as an additional tenant. As a family member you will have succession rights when and if it becomes necessary (i.e., when your mother passes or moves). Until then it's premature. Still, as a son you don't fit as an additional tenants that would trigger a new vacancy lease. As for your proof of residency, again, this is premature. You do not need to prove your residency at this point as you haven't asserted succession rights and it is not at issue. It will not be an issue until your mother passes or leaves.

3. SCRIE has nothing to do with your lease issues. NOTHING. All household income must be reported and that will determine the SCRIE subsidy to the rent. See the SCRIE rules for that. But it has nothing to do with your lease.

Make sure that the people helping you with the response to DHCR know what they are doing. If they aren't experienced tenant attorneys or activists, I'd be concerned.

Go see the lawyer this week, not next.
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Re: Lied into signing a vacancy lease

Postby JoeHayes » Mon Apr 03, 2017 12:11 pm

My mother and I have been in a rent dispute with the landlord, we misled into signing a vacancy lease but we have been paying the rent under the under SCRIE rent not the rent under the vacancy lease. The landlord this month has not accepted the rent payment. What should me and mother do ?
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Re: Lied into signing a vacancy lease

Postby TenantNet » Mon Apr 03, 2017 2:03 pm

Are you starting this thread over? I'm not going to re-read everything.

If the LL is not accepting rent, send it to him certified mail. Document everything including the letter that comes back and keep the envelope (with the postmark date).

If he takes you to court, one of your defenses will be rent paid and not accepted.

DO NOT SPEND THE MONEY ON OTHER THINGS. KEEP IT IN ESCROW.
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Re: Lied into signing a vacancy lease

Postby JoeHayes » Mon Apr 03, 2017 7:29 pm

thank you.
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Re: Lied into signing a vacancy lease

Postby TenantNet » Mon Apr 03, 2017 9:40 pm

This might be applicable. https://goo.gl/Mu4GSN
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