Hello all
re: Fact Sheet 10
https://hcr.ny.gov/system/files/documen ... 9-2019.pdf
This will effect all Rent Controlled(RC) and Rent Stabilized(RS) units.
I was reading Fact Sheet number 10. Eviction from an Apartment Based on Owner Occupancy.
How often does this happen ? In my case i am 65 years old and on disability. I Rent an Stabilized(RS) Unit and on the DRIE program in Boerum hill Brooklyn for over 16 years. There are 3 units that are RS renting from 1,200 to 1,500 per month. There is no J-51 and 421a here.
The other units are free market rent apartments in my building renting from 4,000 to 5,000 per month. Newly renovated and the works ( Architectural digest style compare to our RS units. )
Fact sheet 10 except:
' In NYC, an owner may refuse to renew a rent stabilized tenant’s lease because the owner has an immediate and compelling need to possess the apartment for use as his or her primary residence or as a primary residence for his or her immediate family. Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the
current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.'
Here is the Question for Tenant.net and all Rent Controlled(RC) and Rent Stabilized(RS) units this could effect and a reading this post.
1. What is to keep LL from selecting my RS unit ( or yours ) and deregulating it instead of picking a free market unit to live in that's renting over 4,000 to 5,000 per month in the same building. This is deep. Is this really happening ?
2. If this goes to court will the judges say " pick the free market units we know what you're trying to do. To deregulate another RS/RC unit. Pick the free market unit. Case Closed."
3. Does HCR get involved and say "pick a free market unit application denied."
FACT SHEET 10 also mentions this:
' Additional rules apply concerning evictions based on owner occupancy:
1. An owner cannot evict a tenant from a rent stabilized apartment in NYC if the tenant or
the spouse of the tenant is 62 years of age or older, or has been a tenant in a dwelling unit
in the building for 15 years or more, or is a disabled person unless the owner provides an
equivalent or superior apartment at the same or lower rent in a nearby area.
2. An owner cannot evict a tenant from a rent stabilized apartment outside of NYC (“ETPA”)
or a rent controlled apartment state-wide '
Here is another key phase in fact sheet 10:
unless the owner provides an equivalent or superior apartment at the same
or lower rent in a nearby area
What is a near by area? 10 to 500 feet, 1/2 a mile or within Boerum Hill area where i have ties here. There are NO 1,500 dollar a month one bedroom rentals in Boerum Hill.
Can we as RC/RS fight this and WIN ?
Full Fact sheet 10 here:
https://hcr.ny.gov/system/files/documen ... 9-2019.pdf