Mitchell Lama guidlines

[Vicky]

my aunt applied for a mitchell lama co-op after the waiting period, I applied with my aunt for the apartment. The management agency is claiming that we (my aunt and I )circuvented the lease in order for me to live in the apartment. The lease, stock certificate etc has both our names. My rent is current but the landlord is trying to evict me on the grounds that my aunt the primary resident did not live there. Can I be disposed? The landlord claims that rule 28RCNY applies

[Anna]

Primary Residence:
ML tenants are required to maintain the ML apt as their primary residence.
If both you and your aunt are named as tenants on the ML lease and stock certificates and both of you signed the lease, then even if it were true that your aunt no longer lives there, you would still have the right to live there if you complied with all of the other rules, such as income level.

State-financed Mitchell-Lama projects are supervised by the DHCR and are governed by the New York Codes, Rules, and Regulations (9 NYCRR part 1700 et seq). Buildings financed by loans issued by the City of New York are supervised by HPD and are governed by the Rules of the City of New York, title 28, chapter 3 (28 RCNY §3 et seq).

You can get a copy of the unofficial version online on HPD's website: http://nyc.gov/hpd

Fraud:
From what you posted, it sounds like your LL is claiming you obtained the ML apt fraudulently. If LL can prove this, you can be evicted. e.g.: http://tenant.net/Court/Hcourt/index.html?x=1104

After reading the rules and re-reading your lease and whatever docs the LL sent you, I strongly suggest you take all these papers to a tenant clinic or atty ASAP. http://tenant.net/Tengroup/Metcounc/help.html
http://lawhelp.org/

[Vicky]

Thanks Anna for your response, except I forgot to mention that my aunt never lived in the apartment. It was her intentions to live there then she decided that she would live with one of her sons at another location.