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Is landlord braking the law

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Is landlord braking the law

Postby Norma Santiago » Fri Mar 18, 2005 12:28 am

I live in a building that is a funeral home.Landlord has made one of the apartments and made a show room for the caskecks. It used to be in the funeral home itself, but the boxes have taken an apartment. Is he braking the law between business and dwelings? Is this allowed?
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Re: Is landlord braking the law

Postby Downtown » Sat Mar 19, 2005 9:59 am

Might want to search if apt is legal residence or was commercial www.nycgov.com.
Assumimg this is on 1st floor with business might be mixed use.
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Re: Is landlord braking the law

Postby TenantNet » Sat Mar 19, 2005 12:00 pm

Don't you mean nyc.gov?
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Re: Is landlord braking the law

Postby Concourse » Sat Mar 19, 2005 2:02 pm

Yes, it is that.

Rather than researching the subject his- or her-self, I would suggest that Skylili give a call to 311 and lodge a complaint.
A stupid landlord is a joy to behold.
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Re: Is landlord braking the law

Postby HardKnocks » Sat Mar 19, 2005 3:27 pm

As long as the caskets are empty of their... "traditional occupants," I don't see why this would be an issue. Except of course if a LL is attempting to seize someone's rent-regulated apartment for personal use, while already keeping another apartment for business use that he could take instead. If the unit is not rent-regulated, does it matter what the LL does with it?

This poster has been having issues with the deceased owner's son wanting her to move out (original owner allowed OP's daughter to live in the apt., daughter had no lease,she left OP to live there, OP also has no lease, owner's son now wants her out). She has previously indicated in other threads that the property is a 4-family house and unregulated. She's never before mentioned that the building was a funeral home. Maybe she means that the first floor is a funeral home with four floors of apartments above it??

It looks like the OP might be trying to stay in her apartment by claiming that the deceased owner's son (who appears to tbe the new owner) could easily take the "casket showroom" instead, or perhaps trying to stay by getting the landlord busted for breaking some mixed-use law.

Skylili, is this what's going on? Please clarify.
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Re: Is landlord braking the law

Postby Norma Santiago » Sat Mar 19, 2005 8:53 pm

I am not triying to get anyone busted for anything, but landlords seems to think that I should now after almost ten years get out. I did live here, he never said anything to me about my daughter leaving me here...It was ok when I stayed here while no one was in this apartmen home for years till he dicided to move in with his girlfriend, this is not my business, but things started to change real quickly such as no heat because if they or she became too hot the heat would be shut off till she was cold...then she would leave the house and leave the house to freeze with out any consideration for me ...This is what started the ball rolling against me..He wanted to know from no complaints, I told her we have rules in this city since she is not of this city..and that she could not do that here...

Non the less for years his father always kept the funeral and all that had to do with the funeral down stairs,dad is gone and son takes apartment and make the showroom? I don't think that this is legal...today there is another tenant for the past couple of years who had water coming into her apt. but that was fixed quickky becasue boxes are below her..while my side continues to deteriorate...the roof is falling on me. walls are allcracked with wide cracks, the ceiling is coming down one pieace at a time for 3 years...there is a gap up there now and all I see is wood..I never attempted to bring him to housing for an inestigation, yet the man is a ceo of a lrage housing complexes...It does not make sence to me that because he wants more rent that he can just throw me out...I have no means of support I am 60 years old and no I don't have a lease with this man nor did we have one with his dad...BUt in more ways than one the man is braking the law...
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Re: Is landlord braking the law

Postby HardKnocks » Sat Mar 19, 2005 9:31 pm

If you have no lease, and the apartment is not rent-stabilized or rent-controlled, he can unfortunately evict you for any reason and at any time with 30 days' notice.

No, it is not nice and it is not fair. But that's how it works when you have no lease. Your daughter couldn't "leave you" the apartment because it wasn't hers to leave you. She had no legal claim to the apartment, because she had no lease. Even if she did have a lease, there are no succession rights in unregulated housing.

You were allowed to live there due to the wishes of someone who has now passed away. His son continued to allow you to live there (he didn't have to), but now he has other plans for his property. He has that right. You really have no choice.

However, until a judge decides to evict you, you're still entitled to heat, hot water and repairs. He is going to evict you anyway, so you have nothing to lose by continuing to call 311 and reporting him whenever he does not take care of these things.

Anna previously advised you on where to go for some legal help. Did you take her advice?
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