PLESE HELP W/SERIOUS SITUATION

[BklynMomof3]

This will be pretty long and I apologize for that in advance. I am a 32 year old married mom of 3 children. I have lived in the same rent stabilized apartment since 9-98. I have paid my rent late many times but always paid. Because I hate confrontation I paid even though there were very serious things wrong in the apartment e.g. terrible leak under the sink since the day I moved in. Anyway my lease ends 12/31 this year. My LL tells me on 12/6 that he is not renewing it and I must leave. He says I am a trouble maker because Inspectors came on Heating complaint. The same day I got phone call that CBS Early Show was coming to do short segment in my apt. On Tues. whe he heard tlevision cameras had been here he went nuts he threatened to have my children removed. He yelled screamed cursed because I said I will not give him the rent until a judge says I have to. He swore that He will ruin ME. I got in touch with a NFP neighborhood org. who said I should file w/DHCR. Same night at 11:30 pm he knocks on apt door wakes up everyone even my babies and says he will renew the lease all I have to do is give him one moth extra rent. Needless to say we are so poor that I dont have an extra month rent. WHen he came to get rent and extra rent I told him I don't have it and I will not even give him Dec rent until a Judge says to. Now like I said I hate confrontation I wanted to give him his rent but one his intimidation is out of control and two apartment is overrun with rat (we seen one) and mice - many mice. What pused me to the edge was 2 mice on the bed with my 6 month old daughter.
There is much more to this story but I gues I have to tie it up. I am petrified to stay here. He lives in the building. WE DO NOT WANT TO STAY, I am too scared. We plan on moving to MD as soon as school is over. Can someone tell me what legally are my right. Maybe email me privately and I can give more of the facts please. [/LIST]

[NYCkid]

This sounds like a very serious case of tenant harrassment. Call your local city councilman, the police, HPD and DHCR all immediatly. This man should go to jail. What he is doing is nowhere near legal. Not the refusal to renew, not the request for extra rent, not the way he keeps your building. Get it on the record and it is more than his word vs. yours.

[BklynMomof3]

I just want to thank you for your response. I took your advice.
I was hoping I could get a response on where I stand legally on this situation. Can the LL evict me? Can I withold the rent until he takes me to court?
PLease give me advice. Thank You

[NYCkid]

I am not a lawyer, but I believe that in order to withhold rent you need to pay it into escrow and do it with the knowledge of the proper authorities. I am sure whoever you speak to at your city councilman's office or DHCR can instruct you on how to do it.

From what you say, I dont think he has any right to evict you but I am sure he has a lawyer working on how to do it. Make sure all of your complaints against him are registered and documented by authorities before he does this.

You should maybe find some tenant advocacy group also to help you work out the legal logistics of your situation.