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Rent stabilized in Non-eviction Co-op -- New Owner Problem

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Re: Rent stabilized in Non-eviction Co-op -- New Owner Probl

Postby Andrew228 » Fri Sep 14, 2018 12:04 am

Sorry to be unclear. By Eviction Request" I meant the Landlord's Notification that he is going to try to begin eviction proceedings. I was asking how soon a court would hear a case if the LL decides to try to take us to court for eviction. As it would be a frivolous case, I don't think a court would hear it.

The form I mentioned can be found at http://www.nyshcr.org/Forms/Rent/. The form is numbered RA-90 "Tenants's Complaint of Owner's Failure to Renew Lease ..."
"
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Re: Rent stabilized in Non-eviction Co-op -- New Owner Probl

Postby TenantNet » Fri Sep 14, 2018 1:15 am

You have to be careful in what you call things. What you now describe sounds more like a GOLUB Notice. We discussed that earlier in the thread. If that's what it is (and it won't say "Golub" on it), then you really need to be dealing with a tenant lawyer. You see Golub notices in instances as non-primary residences, or owner occupancy. So that might be what's happening. And if so, yes, you need to worry.

So answer me this. What is the date your lease expires, and what date did they send you the letter? Look at three dates: Date of letter, date of mailing (postmark) and date of receipt. The Golub notice, to be valid, must be served on the tenant in a defined window period prior to the end of the lease.

Also how did they send it to you? Regular mail, certified mail, taped to door or handed to you? Or more than one?

These are critical questions.
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Re: Rent stabilized in Non-eviction Co-op -- New Owner Probl

Postby Andrew228 » Fri Sep 14, 2018 3:16 pm

Thanks. I read the Golub notice sections of the law and we have not done anything that would allow a Golub notice to be sent. It is definitely our primary residence, and our Co-op book clearly states that this is a non-eviction co-op and no one can take occupancy because they want to occupy the apartment for themself.

That said ... the lease expires 10/31/2018, the letter was sent by US Mail with a date on the letter of July 24, 2018. There is no postmark on the envelope however. The LL hand wrote that he sent us a copy by Certified Mail, Return Receipt Requested. I looked up the tracking number and it seems he did mail that on July 25, 2018. However we never received it and when I looked up the tracking number it said it was not delivered and was returned to the sender (the LL).

From what you say it sounds like he is attempting to send a Golub notice. However I have read through the Golub notice section of the law and I don't see any way he could use it. I do have an attorney; I will mention this to him and see what he says.

I'd appreciate your input and will keep you posted. Thanks for your help.
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Re: Rent stabilized in Non-eviction Co-op -- New Owner Probl

Postby TenantNet » Fri Sep 14, 2018 6:40 pm

The windows period (I think) is that the notice needs to be sent between 90 and 150 days prior to the end of the lease. That's for non-primary and I'm assuming it's the same window period for owner occupancy.

So if the lease expires on 10/31/18, the windows period would be between May 31 and July 31 of this year (check my math on this). You say it was sent on July 24th, so that WOULD BE within the window period.

Second, check the manner of service. If it was just by regular mail. Right now, I do not know what manner of service is required, and it would take some research to find out. Just remember thought that this might be an issue. As for the allegation that it was send certified, get a screenshot from the USPS web site as it might show WHY it was returned. If it was sent from a business, in some cases they send the information to the USPS ahead of time that a cert. letter is coming, but they never follow though. That might trigger something, but it will not say it was actually delivered unless it was. I remember having to deal with this issue a few years back and I even wrote something into our brief, but I don't recall if the outcome of the case rested on this.

As for the letter you did receive, you said there was no postmark on the envelope. So how did it find its way into you mailbox? Look into that.

All of this stuff is important and cases have been tossed out for things like this. But you should double-check everything I've said.

I do not know what the rights of the owner would be in a coop situation, or if the black book prohibits this.
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Re: Rent stabilized in Non-eviction Co-op -- New Owner Probl

Postby backhoe » Mon Sep 17, 2018 2:54 pm

DHCR cases can take a very long time---I had one stretch out over the greater part of ten years. But you are dealing with a possible eviction proceeding, which proceed in court and can be quite fast.

I agree that you need a tenant lawyer in this kind of situation. If it ever comes to eviction, God forbid, you would be entitled to legal fees if there is a standard legal fee clause in the lease and if you prevail. But don't begrudge the legal fees in any case.
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