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Smoke damage to my apt! Could I lose my rights?

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Smoke damage to my apt! Could I lose my rights?

Postby rachel24 » Sun Apr 22, 2007 11:28 am

I am a rent stabilized tenant with a lease. My apartment (and some others) were recently made uninhabitable by smoke from a fire that started on the ground floor. We all had to leave. The landlord has to make repairs/clean up but I have no idea when I could go back. If I sign another lease for a short term sublet, do I still retain my original rights under the current lease to go back? Could the landlord raise the rent? Or kick me out? I know I need to pay a dollar a month but am not sure if signing another lease could jeopardize things. Please advise!
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Postby TenantNet » Sun Apr 22, 2007 12:07 pm

First, it's illegal for the LL to offer a "short term sublet" whatever that means.

See the section on Tenants Rights in case of a fire, in the Reference section. Or http://tenant.net/phpBB2/viewtopic.php?t=5973
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Postby cestmoi123 » Sun Apr 22, 2007 12:31 pm

Why would it be illegal for a LL to offer a "short-term sublet?" I assume the situation is that the OP is looking for other accomodation while his RS apt is being repaired. Assuming the other accomodation isn't RS, then the LL of the temporary apt can offer a MTM/3-month/1-year/2-year/whatever lease, can't he? If the apt is truly a sublet, then any term is acceptable (unless it starts to get into "running a hotel" issues).
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Postby TenantNet » Sun Apr 22, 2007 1:01 pm

The way I read the OP (maybe he wasn't clear) was that he was asking if his current LL could offer a short-term sublet. Being RS, that's not legal (and he's the tenant, not subtenant). Apparently Cestmoi read it differently.
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smoke damage

Postby rachel24 » Sun Apr 22, 2007 4:20 pm

Sorry if I wasn't clear. My question was: if I sign a sublet lease at a building elsewhere, for a DIFFERENT LL, would that in any way invalidate by current rent stabilized lease, assuming I want to return at some point?

Thanks for any advice.
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Postby TenantNet » Sun Apr 22, 2007 4:45 pm

RSL says the RS unit must be your primary residence. Case law generally requires a tenant actually reside at the unit for 189+ days/year.

However in situations like this, if the unit is damaged, I don't think any of your staying elsewhere would reduce your rights in any way. Besides, your landlord would need to be the one raising the challenge, and it's his responsibility to make your place habitable. This aspect should not be your concern.
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