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Letter from LL - Notice to Cure

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

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Letter from LL - Notice to Cure

Postby luckyredpr » Wed Feb 24, 2021 7:42 am

I have received a Notice to Cure from the LL dated February 3rd, 2021 and postmarked February 18th, 2021. The notice said I have 10 days to "cure" this. When does the 10 days begin? Should I respond and request and extension?

There are many boxes in my apartment, partly due to having to bring boxes from three apartments. I have been trying to organize and move things into storage but I need time to do this. Also, I have bedbugs. I believe the problem started during Covid-19 but I found out from another tenant that there has been a problem in the building since at least the winter of 2019. I do not want anyone in my apartment until I have received my vaccine; I am high risk for Covid-19 but my group is not up yet for the vaccine.

While I was out of town, the LL broke into my apartment and took photos. I say broke in because they broke the lock.

I can probably put a load of boxes into storage within two weeks but this is going to take more than one trip.

Can you tell me how to respond or who I can speak to about how to respond? What can I do to prevent eviction?

Thank you.
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Re: Letter from LL - Notice to Cure

Postby luckyredpr » Wed Feb 24, 2021 7:47 am

What is the LL's next step in this matter?
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Re: Letter from LL - Notice to Cure

Postby TenantNet » Wed Feb 24, 2021 10:29 am

First, don't get all frazzled over this. It's not the end of the world. This is a common thing.

A Notice to Cure (NTC) is the first of many steps leading to a Holdover case in Housing Court. That differs from a Non-Payment case in that the latter just seeks back rent and the former alleges you are doing something wrong and therefore this is a warning or "notice to cure" the alleged wrong behavior. It can be many things and the NTC will state what the LL claims is the behavior it wants stopped. Also, while not a non-pay, a holdover case can seek back rent.

The rules get complicated, but in general a NTC is for rent regulated tenants. Some behavior is curable; other behavior is sometimes considered not curable. LL's often make up false claims in an effort to clear the apartment. (especially long-time RS tenants).

So if you're selling drugs or keeping everybody up by playing loud music at 3 AM, then just stop.

If the LL broke in, then I would file a police report. That's unlawful. LLs can get access by legal means, but breaking locks is not one of them. Also preserve evidence of this. How do you know he took photos? Has he done this before?

Having boxes is not illegal. But if there are so many that you can't move around, that might be considered hoarding (Collyer's disease - look it up).

What exactly does the NTC say? What is the exact language? Can you send us a PDF copy by private mail? Don't post it on the public part of the forum. I want to see the exact language before advising what to do. Some things might be factually false. Some things might be permitted even if the LL doesn't like it. You need experienced eyes looking at this. You also can consider retaining an attorney (of which we are not), but I would say that's premature. Again, it depends on the language of the NTC.

Have you had other similar problems with the LL?

First, many courts are way behind in their case load, if operating at all. If you are having problems with rent, then file a Hardship Declaration. https://www.nycourts.gov/Courts/nyc/SSI ... ration.pdf
Google "ny tenant covid harship declaration" for additional information on that.

While there are still eviction moratoriums in place, those are generally for non-pays, not holdovers.

The so-called "deadline" is soft. You won't be out on the street in ten days. If you don't "cure," then the next step would be a "Notice of Termination" that gives you additional time - maybe 10-15 days. Than after that comes the actual court proceeding, and that takes time as well. An actual eviction could take several months; if complicated and goes to trial, it could take years. You could get a case tossed out on a technicality (i.e., bad service) and the LL would have to start over.

As for bedbugs, that is the LL's obligation to cure, but they have to have access (and do NOT toss your stuff out - you don't have to do that). It depends on the nature of the infestation.

In my opinion, you should have a right to withhold access during COVID, except in an emergency. That's just my opinion.

In one case I had many years ago, my LL made up a claim of subletting. I wasn't. I wrote them back - by certified mail - that I did not admit to any subletting, but if I was, then it's cured and the LL can go "F" himself. I didn't use that language, but he dropped it as he didn't have a case. Another time they claimed - their favorite BS - that I was refusing access so they could make repairs. I wrote back that the so-called emergency wasn't, and they had showed up unannounced without an appointment. They also showed up six weeks after they learned about the problem, so there wasn't any emergency by their own inaction. They dropped that one. Sometimes you have to fight back.
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Re: Letter from LL - Notice to Cure

Postby luckyredpr » Tue Mar 02, 2021 4:14 pm

Thank you so much for explaining things so clearly. It has made me a bit less frazzled.

I've been trying to find a scanner to use but have not been successful. I may be able to transcribe parts of the document, In my opinion, the description of the problems are part fact, part exaggeration, and part untruths. I do have a lot of boxes that need to be put in storage, mainly due to having had to pack up two offices. I've been trying to pay back rent so I've held off on renting storage space. At this time, I think I need to go ahead and rent storage space. I can do this in about two weeks.

There is also a bed bug problem. I found out a few months ago that there was a problem in the building prior to the end of 2019, including in my next door neighbor's apartment. I was not notified or offered any preventative measures for my apartment. I noticed the first bed bug in my apartment during the shutdown. While I want to get rid of the problem, I don't want anyone in my apartment until I can get my vaccine.

The "cure" date they've given is March 6th, 2021. Black and white photocopies of photos were attached to the notice.

I have had problems with the LL through the years. I'm sure they would like to get me out of the apartment. Prior to the pandemic, they were renting renovated apartments with my floor plan for $500.00 more per month than I pay. They have failed to make repairs even when a repair date was set as part of a court stipulation.

Thank you for the link to the Hardship Declaration form. Is there a way to file it electronically without a case/file number to associate it with? Also, do you know if there is an online resource for non-attorneys to look up NY Housing statutes, codes, and case law?
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Re: Letter from LL - Notice to Cure

Postby TenantNet » Tue Mar 02, 2021 5:49 pm

If you don't have a scanner, then you can take a photo of the page, but make sure you get the entire page, and that it's in focus. I take a bunch of photos, and then pick the one that's most readable.

Again, I can't advise on what to tell the LL, if anything, without seeing the NTC. You can attach it to a private message or send by email to tenant - at - tenant.net.

Depending on that document, you might wish to send the LL a letter (certified mail) that says you're putting boxes in storage and just need a few weeks to do that (but make sure that is the case). However, I have to stress that the wording on the NTC is important. NTC's must state facts and not conclusions.

For example you do not want to admit to having created a nuisance or hoarding situation and can even stress that this is a recent situation, which will soon be alleviated. You can emphatically deny, especially if it's not so bad that it has become hoarding. Google Collyer Brothers disease and hoarding. Start at https://en.wikipedia.org/wiki/Collyer_brothers. Remember that having stuff does not make you a hoarder.

Document everything you do related to the NTC and whatever else happens. Document every effort you make to getting storage space. If the matter does go to court, then you will want to show, with evidence, what steps you took.

You can't say that boxes create bed bugs. They might, but you can't prove that and neither can the LL, especially if there are other infestations in the building. Get some proof of other nearby infestations and show that they existed prior to your bringing in boxes.

Did you file a police report on the break-in? I would. That is also harassment and an effort for an "unlawful eviction." See http://tenant.net/phpBB3/viewtopic.php?f=15&t=5367

In our opinion, illegal entry, where no notice was made and permission not granted, is part of a pattern that may constitute harassment. It also might put you in danger as you con't know if the LL or his workers were wearing masks or otherwise CDC compliant.

So send us the NTC, and start prepping a letter. As we said above the deadline is somewhat a soft deadline. It means they can't send a Termination Notice until after the time in the NTC has expired.

I would concentrate on dealing with the boxes, and getting a vaccine. We agree that you should not allow others into the unit right now, but that's a legal question.

Online source? What do you think this site is?
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Re: Letter from LL - Notice to Cure

Postby luckyredpr » Wed Mar 03, 2021 12:39 am

Thank you. I will take the photos and send a private message via tenant @ tenant dot net unless there is another way to send a private message. I filed the Hardship document today.

I am working on the boxes; there are a lot of them. Honestly, pre-Pandemic it felt like lots of stuff but since the pandemic it's gotten worse. Making a dent in it is my priority this week.

I have not filed with the police as the LL claims it was the Fire Department that broke in because of a leak into the apartment below mine. I'm trying to verify this. My apartment had been empty for over two weeks prior to this "leak" and the Super said they found that the leak did not come from my apartment though, the ceiling below me caved in, apparently.

I realize Tenant.net is a great online source. However, I haven't found an online resource that is the equivalent of a law library for lay people. That's what I was asking about. Sorry if I wasn't clear.

Thank you again.
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Re: Letter from LL - Notice to Cure

Postby TenantNet » Wed Mar 03, 2021 1:00 am

On each post on this forum, look for the button that has "PM" - that is for private messages and you can add attachments. Either that or email will work.

No, we're not a law library, but we do have the basic tenant laws online (however not all have been updated). As far as we know, we're the only place with the RS code online.
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Re: Letter from LL - Notice to Cure

Postby luckyredpr » Fri Mar 12, 2021 1:59 pm

Regarding the "Notice of Termination" - Both you and "A TENANT’S GUIDE TO THE NEW YORK CITY HOUSING COURT" indicates that this is almost always required. Is there a way to confirm whether or not it is required in my case?

I haven't heard anything from the LL recently but that is usually not a good sign.

Thank you.
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