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How to prove LL isn't living in apt. taken for personal

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

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How to prove LL isn't living in apt. taken for personal

Postby tomr333 » Sun Sep 29, 2002 1:19 am

A family on my block was recently evicted from their rent-stabilized apt. I believe the court order states that the LL must occupy for 3 years after eviction. Does the court really expect former tenants to stake out the apartment and provide hard evidence that the LL isn't living there? Is there some agency that might be helpful to this old couple? If there is no real mechanism to enforce these orders what's to deter LL's from lying about their intentions?
Thomas
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Re: How to prove LL isn't living in apt. taken for personal

Postby MikeW » Tue Oct 01, 2002 2:12 pm

At some point in the future, if they suspect the LL has rerented the apartment, the could do a public records search (lots of sites on the 'net do this for a fee) on the address. This should show who is living there. Based on this they could file a suit in housing court. As part of that suit they could file for supoenas to get access to less public records (utility bills, tax returns, bank statements, etc). If the LL has rerented the apartment, this would give the info necessary to prove it.

In point of fact, after a few months, the old tenants will likely be settled in wherever it is they end up moving to, and won't have any interest in spending the $,$$$ it would take to go after the LL to get back an apartment they no longer need. The new tenants may have a claim that they should get the apartment at the proper stabilzed rent, but I'm not sure about that. I don't think any outside parties (other building tenants, out of building neighbors, etc) have an claim to make a complaint. And, again, even if they did, they probably don't want to blow $,$$$ on something of no direct benefit to them.

So, likely, the LL will get away with it this time. If he tried it again, with another apartment, and the tenants in that apartment found out, they could likely use the experience with the previous apartment to try and block the eviction.
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