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Notice to cure

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

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Notice to cure

Postby easywind1943 » Sun May 07, 2017 1:19 pm

I am a rent regulated tenant in a co op in Manhattan. I have been living here 44 years and am 73 years old. My apartment was bought by a speculator 2 years ago and it has been hell since.
I was injured in 1992 and since then I have been going down south during the cold weather, usually in a motor home. I have never let anyone stay in my apartment and last year when I returned there were mouse droppings 1/8 of an inch thick throughout the apartment.
This yeas I let someone stay there and I did not charge one dime, just wanted someone there to prevent mice.
I have now received a notice to cure and 4 other letters, all the same to john doe, jane doe, marie roe who I presume was meant for the friend in the apt and one for my ex wife, (gone 3 1/2 years.
I spoke to a lawyer before I left and was told it was ok to let someone stay without permission as long as no money changed hands.
Specifically it says I violated section 235f of the real property law, it also goes on to sa that I wm allowing the person to occupy demised premises when I am not actually occupying the apartment as my primary residence.
Landlord states I am not residing in apartment, I am in the apartment, believes I may be living somewhere else. I have a 20x30 foot plot of land I used to sore my motor home but have abandoned it. Says I am not registered to vote, and my landline is no longer in service , 3 years ago, I have cell service. That my ex uses the address for credit reports.
It says I must remove all illegal tenants, my friend is gone 2 weeks ago,
I have 10 days to respond. What to do?????
Would appreciate any legal minds helping me or allowing me to bounce off you.
Thanks
easywind1943
 
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Joined: Sun May 07, 2017 12:55 pm

Re: Notice to cure

Postby TenantNet » Sun May 07, 2017 3:38 pm

Situations like this can be described as either non-primary residency, or a sublet (legal or illegal).

To fight a non-primary case, tenants usually need to have actually stayed in their units 183 days per year. Of course there can be complications with that, and each situation can be different. But that usually means if you wish to take a long vacation that's under six months, you can do so. But you must be very careful to not establish residency elsewhere.

Non Primary cases have to be started with a "Golub Notice" (essentially a notice of non-renewal) and there's a window period (90-150 days before a lease expires) where the LL must serve that notice. If he misses the window, he has to wait until the next lease expires.

But understand that Non-Primary situations are generally considered to be non-curable. And because they are so complicated, we would highly recommend getting a good tenant attorney if that is what you are facing.

OTOH, sublets are curable.

The 4 other letters, are they the same letter as the Notice to Cure ... just addressed to different people or John/Jane Doe? If that's the case, then LL's usually do that to comply with service requirements.

What did the Notice to Cure say? If you can, please scan the letter to a PDF file and post it on a private message (look for the PM button to the left of this post's text). Do NOT attach it to a public message on the forum.

But if it's a Notice to Cure, and not a Golub Notice, then you're in better shape, because even if it were true, sublets are curable.

As for having a person stay with no money being charged, I think the attorney is correct. The person would then be a house guest (usually feeding/walking pets, getting mail, watering plants, etc.)

As for the Notice to Cure, that's standard language in that they have to make specific charges ... notwithstanding that they are false.

Years ago that happened to me and I responded to a Notice to cure, sent certified mail, return receipt requested... telling the LL that:

1. I was on vacation (don't say where). I would leave the time frame ambiguous.
2. You had a house guest to water plants, get mail, etc. No need to get into a long story about mice.
3. No money was charged to the house guest, and based on legal advice a house guest is permissible. (sublets are also permissible but have certain requirements and limitations. See http://www.tenant.net/tengroup/Metcounc/Mar96/sublet.html)
4. You have returned from your vacation and you are living in your apartment full time I would not even utter the words "primary residency" as that allegation has not been made.
5. The house guest is no longer there.
6. As such, any allegation that was made was not true (i.e., tell the LL they are mistaken).
7. And because it was not true, then there is nothing to cure.
8. And if any part of the allegation were true, it has been cured.

After writing that letter, the LL backed off.

Remember, you have a right to take reasonably long vacations. You have a right to own vacation property.

The LL must lay out specifics, not just conclusions such as "you don't live here."

Do NOT give the LL any information on your property, even that you own property. That is none of his business. In general the less information the LL has, the better. Do not tell him anything you don't have to tell him.

If you decide to take the same vacation next year, then I would definitely have a house guest to watch for mail or notice from the LL, as they are worse than mouse droppings. I would also have the names/phone numbers of tenant attorneys (not regular attorneys).

If the LL doesn't back off, the next document you would get is a Notice of Termination, and then followed by the Petition and Notice of Petition. The last two are the start of a court proceeding. If you get a Termination, then I would consider getting a tenant attorney, or quickly educating yourself if you want to handle it on your own.
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Re: Notice to cure

Postby easywind1943 » Sun May 07, 2017 6:36 pm

Once again thanks a zillion. I spent the better part of my day dealing with my tech support firm, I had them get my printer going, I use it about twice a year and they reloaded it 4 or 5 times and I scanned the pages and sent them to you with any message because the computer guy was working with me. I also have the documents in an email forwarded to myself so I can send it out if necessary. I have a question about number 6, what is not true, I must be dense.
I did give in writing to my super that I was having a guest stay in my apt and wonder if that alters anything? If not I will after sleeping on it just about copy your summation word for word and send it to my landlords attorney. Also this is not a golub notice. I understand I should give the landlord as little as possible.
easywind1943
 
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Re: Notice to cure

Postby TenantNet » Wed May 10, 2017 12:36 pm

Sorry for the delay in responding.

I think you're in better shape. After all, it could have been a Golub Notice.

The PDF you sent via Private Mail is a Notice to Cure as I discussed in my first reply. That is a warning that if you don't "cure" or correct the alleged behavior, then the LL will take you to court.

All of the things he raises - even if true - are curable. All you really need to do is tell him those condition he raises were not true. And even if they were, they do not exist now, so they are "cured."

The Notice to Cure seems to be standard language claiming - without any specific evidence - that you have sublet and/or assigned your unit.

He's claiming you violated your lease and sec. 226-b of the RPL, which is the sublet law. I gave you a link to an article on subletting. Another link is http://tenant.net/phpBB3/viewtopic.php?f=15&t=4933

But sublet is conditioned on a money exchange. That didn't happen.

As an alternative the LL raises sec. 235-f RPL which could cover roommates. That's discussed a lot on the Forum, and in several article on TenantNet. Just search for them. Or you can also search for "RPL 235-f" on Google. And remember, even though this was a house guest, you do have the right to have roommates.

I would ask the super what he did with the written notice you gave him. Did he give it to the LL? That could be a material issue if this ever goes to court. You can also remind the LL that you gave a notice to his agent, the super.

He confuses things as a non-primary issue applies only to rent stabilized tenants and is not covered in the RPL; it's covered in the Rent Stabilization Code. But still, a non-primary claim does not call for a Notice to Cure. The LL would have to send you a Golub Notice before the end of your lease. He has not done so.

Also understand that many landlords toss in almost everything they can think of hoping one might stick (like tossing loose garbage down the garbage chute - did he or the super actually see your house guest do that?).

If you wish you can tell the LL that being registered to vote, by itself, is not a requirement for primary residency. Nor is land-line telephone service.

Don't get upset; just answer it.

I know it can be confusing. As you've already consulted with one attorney, is he/she willing to write a letter to the LL? Lawyers are good for things like that, and given the skimpy evidence from the LL, it might be a good thing for piece of mind if you can afford it. Many times with my LL, I've had a lawyer send a letter, and they often back off. That should be your goal before there's a court proceeding.
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