NOTICE TO CURE (peptobismalish)

[Sean Flaherty]

After not receiving a lease renewal in a timely fashion, I contacted the DHCR, who in turn contacted my landlord with the request to supply me with a lease renewal no later than Jan. 14th, 2003.

Last night, I came home to a "Notice to Cure" (the first step in eviction proceedings), noting that I am "harboring a cat," which is true, among other preposterous, false allegations, and requesting my response no later than Jan. 27th, 2003.

This is a rent-stabilized apartment that I've been in since 1998 (with my darn cats). Looking at my yearly leases, I noticed that none have the City stamp on them. As was noted by Phil in an earlier topic of mine, I doubt that I have EVER received a proper lease.

I feel some confidence in the DHCR since they seem to be solely concerned with the fact that my landlord is accepting my rent payments, and my gut tells me that this is just my landlord's reaction to having been contacted by the DHCR.

Before I respond to my landlord, has anybody got any advice for me? I, of course, do not want to be evicted, do not want to go to court and do not want to get rid of my cats.

[mjr203]

If you've had those cats in your apartment for years you are fine. He cannot touch them. You're rent controlled so your rights are pretty substantial to retain your apt.

What were the other allegations. Check out housingnyc.com for the pet law.

-POINTER

<small>[ January 09, 2003, 10:36 AM: Message edited by: pointerout ]</small>

[Sean Flaherty]

I appreciate the reply, Pointer. Both cats have been with me since day 1, in 1998.

Other allegations: "permitted said animal to roam the public hallway of the building" (untrue; I thought one of the cats had snuck out when the building super had visited and I was looking for him)

"deliberately stomp and bang constantly on the bare wooden stairs" (their wooden, uncarpeted, we're on the 4th floor of a 4-floor walk-up; this seems unavoidable)

"loud, noisy party with blasting music" (okay, I had a birthday party, but it was over and everyone was out of the house by 11)

"hang out on the apartment fire escape and smoke and drink" (untrue)

... and this is the one that slays me: "you and your guests have been going up to the building's roof (and to adjacent rooftops) to smoke and drink and have a barbecue and play football" (need I say it? SO VERY UNTRUE)

I've replied in the past saying that these allegations are ridiculous.

And, as I've said before, I also suspect that I haven't seen a proper, City-owned lease since I've been there.

My fiance suggests that I accept the fact that they (the landlord occupies the first two floors and, oddly enough, the witness to most of these allegations is her son) hate us and we should just move out. I insist that I would prefer to make that decision on my own.

[mjr203]

dude

They are just blowing smoke. Perhaps respond to them and copying the DHCR with a letter rejecting each of their complaints, evidencing how you are entitled to your pets, and requesting a new lease. They are still responsible to deliver a new lease to you by the 14th which you should read thoroughly to ensure it contains no new clauses etc.

The simple fact that they are going to have to deal with is you rent a rent stabilized apt from them. You are entitled to a renewal lease with no changes from the original first lease you signed on a timely basis that reflects only legal rent increases from the registered rent.

Any personal stuff beyond that is irrelevant and besides which they would have to go to Housing Court to have you removed. It sounds like if what you're saying is true that they would be laughed out.

good luck

-POINTER

[Sean Flaherty]

As per my suspicions, buddy. Thanks. This legalese paperwork shit just tweaks the hell out of me.

It does, however, seem prudent to reply to their notice in a prompt fashion (via certified mail, of course), copying the DHCR, the landlord's attorneys, etc.

[chelsea]

If your landlord persists on the complaint about stomping on bare wooden stairs, you might point out that this is a building code violation (stairs in multiple dwellings must be non flammable material, i.e. metal or tile, throughout; carpeting not allowed). Use this as a defense only: I do NOT recommend making a complaint to the Building Department about it, unless there are other major problems. Just not worth the hassle.

-- Chelsea

[Sean Flaherty]

Thanks, C. I was pretty sure that there was something amiss with the "bare" stairs when I moved in. I'm not going to push it too far. I just found out that my landlord is likely in violation of "retaliation," according to the law.

Real Property Law ß223-b:

“Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenants' organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units.”

[mjr203]

Originally posted by chelsea:
If your landlord persists on the complaint about stomping on bare wooden stairs, you might point out that this is a building code violation (stairs in multiple dwellings must be non flammable material, i.e. metal or tile, throughout; carpeting not allowed). Use this as a defense only: I do NOT recommend making a complaint to the Building Department about it, unless there are other major problems. Just not worth the hassle.

-- Chelsea

can you cite chapter and verse on stair materials/carpeting prohibition from the code please?

Interested if this is true in NYC