Rent Stabilization case pending; Lease runs out

[mayberstenant]

I've been in a rent stabilization case for well over a year now. My lease runs out at the end of May and at this point the LL stopped responding to our requests for discovery so we're going back to supreme court.

Now, he hasn't sent me a normal renewal lease so I expect that when this one runs out, he'll go to housing court and try to have me evicted (for living there without a lease).

Has anyone been in this situation before? RS status is pending, and LL tries to get you evicted...

[Lilly]

If you're rent stabilized then you're protected-it's only if LL offered you (sent you) a renewal lease, on the same terms and conditions as the expiring lease, and you refuse to sign it that LL can move to evict.

[Lilly]

Here's the link to leases and rent stabilization on Tenant.net http://www.tenant.net/Alerts/articles/renewals.html

[mayberstenant]

That's the whole point. It isn't KNOWN whether i'm a rent stabilized tenant yet. That case is being decided right now... (and has been pending for over a year now). They keep stalling!

[tiredsecy]

What does the original lease you signed state? If you're in NYC, it should clearly state it's a rent stabilized lease. Meanwhile, continue to pay the current rent you're paying on time -- as long as LL cashes checks, then it's on LL to determine his/her case.

The other issue -- have you called Department of Housing & Preservation to find out if your apartment is rent stabilized or rent controlled? You can call them to get a rent history on the apartment - do you have your building I.D. number?

Good luck on whatever happens.

[NYHawk]

Not to worry. Landlord could not moot out the Supreme Court case by running to Housing Court to evict you for not renewing lease etc, landlord would have to give you 30 days advance notice, before going to Housing Court so you'll have time to take defensive steps then. Good luck