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being forced to move due to unsafe conditions

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

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being forced to move due to unsafe conditions

Postby NoMoreAds » Sat Mar 02, 2019 1:46 am

Hello
I am in a rent stabilized apt in NYC. My next door neighbor is rent controlled. Our Landlord is doing major construction in the building which may not be safe. If we called the city and the building was deemed unsafe, what would happen to us tenants in terms of our leases and what rights would we have to find affordable housing? I’m asking both short term (for example we have to vacate for a week while the city inspects and clears us to move back in). And also asking long-term (for example the building gets condemned).
Thank you, as always, to the best forum on the internet!!
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Re: being forced to move due to unsafe conditions

Postby TenantNet » Sat Mar 02, 2019 2:35 am

If I remember, you're in Chelsea, yes? Would you be in a certain hotel on W 23 St?

There are many times where LL do work and try to get tenants "relocated" with promises of return they have no intention to keep. Happens all the time. That is why it would absolutely important that you a) consult an attorney or get one to represent you and your fellow tenants, b) get a determination if any relocation is actually required. It would be best to consult with an architect or engineer, and c) if needed, get an ironclad relocation agreement drafted by an attorney that does this sort of thing.

In some cases LLs try to get the tenants out, but in other cases DOB is called in and if things are really dangerous, they could order an immediate evacuation of the building. Your safety is most important. I would make a list of all the things are important to you that you can carry, and that you can get within 10 minutes or so (including pets). It all depends on the facts of the situation.

Legally you should have the right to return to a RS/RC unit, but again, LLs evade this all the time. A relocation agreement should spell out a) your right to return and b) where you will go while the construction continues. In some cases (like a fire), tenants usually pay $1.00 per month to keep their legal rights.

Take a look at this link. It covers fire situations, but should have some applicability to other dangerous conditions.
http://tenant.net/phpBB3/viewtopic.php?f=15&t=5973
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Re: being forced to move due to unsafe conditions

Postby NoMoreAds » Sun Mar 03, 2019 12:30 pm

While I am on the West Side, I don’t live anywhere with a high profile. With any profile!
Thank you for the reply – so much to process! Answers some concerns, highlights still more. I’ve got some reading to do!
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Re: being forced to move due to unsafe conditions

Postby TenantNet » Sun Mar 03, 2019 12:52 pm

I can't stress enough the need for a solid relocation agreement. The city is strewn with evicted tenants who ignored to do that. Moreover, if the building is still sound, usually LLs want tenants out for their convenience, not yours, and to set things up to deny you the right to return. If at all possible, even though it will be very inconvenient, you should not leave. As the old saying goes, possession is 9/10th of the law. In NYC, it's almost 100%.
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