Sub-tenant eviction

[kwanzo79]

HI.

I am subletting in a 3 bdrm apt. I have been here more than 1 week. Before moving in, the building manager told me by phone I could not move in because I do not speak Chinese. I only speak English. After consulting with the roommates who speak both Chinese and English, I did move in as I would only pay rent to the primary tenant who would in turn pay rent to the landlord. As of yesterday, 12/31/10, the manager came to collect rent and saw that I had moved in and told me I had to get out asap. She stated I could not be here because there is a barrier in communication between me and the landlord who is her family. She stated the roommates went behind her back in renting space to me, however she does agree that she told them they could sublet.

Because I did not agree to move out (as I spent a great deal on moving in) she called 911 and a person she introduced as her sister. When the police arrived the ladies asked them to escort me out as I was trespassing on private property. The police stated they could not do that and to take it up in court. The ‘sister’ then stated she would evict myself and the other 2 roommates by changing the locks at which the police told her she could not do that either. The ‘sister’ then stated to the police they need to protect the property as they could not allow just anyone to come ad move in as I could cause a fire, vandalism or cause a scene with the other tenants. The police stated the issue should be taken up in court, then left the premise.

The ladies then went on to badger my other roommates in Chinese. Both ladies stated in English to me they would not be leaving until they spoke with the roommate who moved out, and of whom I replaced in the apartment as they blamed him for my presence. The ‘sister’ then stated to me in English I should learn respect because “President Obama” would not have done what I did. The ex-roommate did come to the apartment. Immediately upon his entry, the ladies started yelling at him in Chinese. The ex-roommate stated to me the ladies were saying the other tenants in the building are frightened of me and he must persuade me to move out, and that I look scary and I might be carrying a gun.

The ladies went out into the building hallway and at this point my partner had come to the apartment (wearing a black trench coat and 2-piece suit with a checkered sweater and necktie) as we were going to a New Years Eve party together. Once my partner entered the apartment, the ladies both returned. I had been text messaging him everything that was going on before his arrival. He introduced himself to all, and at which the ladies began talking to the roommates in Chinese again. My partner asked aloud would it be ok if he recorded the conversation on his cell. The ladies both asked me to make him leave as he is trespassing on private property. I stated he is my guest and he is welcome wherever I am. Both ladies stated e cannot be in the apartment as we are having a private conversation. To which my partner replied “you’re having a private conversation with no interpreter, however you both speak English just fine. The ‘sister’ stated “but we don’t know who you are and you probably have a gun on you!” To which my partner replied “You’re a racist!” The ‘sister’ then stated she would have my partner removed, and called 911 again.

The same police officers arrived as before and were met by both ladies on the ground level floor of the building. The police came to the apartment with the ladies and requested the ex-roommates photo ID which he gave and the ladies copied his information. The officers stated that we should settle our differences in court and to not disturb the peace of the building any longer, at which the officers then left. My partner, the ex-roommate and I also left the building simultaneously. The ladies stayed to talk more with the residing roommates.


I feel as though I was being harassed over this situation. I feel violated as an individual because of my lack of knowledge with the Chinese language and that my partner and I would be accused of possession of arms because I am black and he is Latino. Also that these women would try and pressure others as a way to get to me feels incredibly wrong. The primary tenant has given me a copy of the lease to hold if I want to pursue this matter legally. What are my rights here (if any.)

[TenantNet]

Please do not use your real name, email address or street address in your posts.

The police were correct here (which is a bit unusual for the police) as it is a legal matter to be decided by the courts and it is illegal for a landlord to use self-help to evict a tenant by changing locks or using other methods.

If this is not a rent stabilized building, the prime tenant could be at risk of non-renewal of lease, but that would happen when the lease is up for renewal.

But either way the prime tenant does have a right to have at least one roommate (it's not a sublet). It's up to the tenant to decide who to allow in, not the landlord. As long as the tenant still lives there, it's a roommate situation, not a sublet, and perfectly legal. If you are a second roommate, there could be issues. Research the roommate laws on this site and elsewhere.

Of course anyone could start a fire, not just English speakers. That's irrelevant and baloney. This appears to be discrimination and potentially subject to federal Fair Housing laws. However, to be honest, I don't know if Fair Housing Laws have jurisdiction over roommate situations.

You appear to be a licensee of the prime tenant and he/she has a right, from NYS Roommate Law, to have a roommate. Of course you may also have a guest on occasion (but that's something to work out with the tenant). The only thing the LL has a right to is your name.

If you wish to pursue the issue, I'd suggest getting a consultation with a tenant attorney.