I’ve lived in a Brooklyn apartment for about five years in a very sweet deal - I’m probably paying $800 a month in rent less than market rates. Earlier this year, my building was sold to a new landlady.
About a month ago, my roommate and I got a call from the new landlady’s office. They said that their architect had come by to look at our place determined that one of the outer walls had to be immediately replaced, so we had to move ASAP. My roommate told them that we would have to have our architect inspect the building, and could you please send us a copy of your architect’s report? A few days later, we got a letter that simply said our lease would not be renewed in September - no mention of the “falling down” wall at all. In the meantime, the landlady’s contractors have painted the awning and done brickwork - hardly the actions of someone planning to take down the wall.
So my question is whether I have any legal recourse at all. My first answer to my own question was “no” - while my landlady fraudulently tried to invoke the * force majeur * (“Act of God” for you nonlawyers following along) clause of the lease, the attempt failed, and therefore I have no injury. However, three things nag at me (keeping in mind that my desired result is to not have to move in September, even at a higher rent).
There should be some recourse for an attempt to breach by fraudulent means, if only as a deterrent for those landlords whose tenants don’t have easy access to architects like I do;
This in NYC. While my apartment is not covered by rent control, NYC laws are incredibly tenant-friendly. Is there some obscure local code that helps me?;
If, come September, my landlady rents the apartment out to someone else without giving me the opportunity to bid on it, do I have legal recourse? As a general rule, if a person offers something to the general public, he/she is not allowed to arbitrarily prohibit certain persons from bidding on it.
Thanks for any help. (FYI - I’m a lawyer, but know nothing of this area.)
How many units in the building? Was it built before 1972? Were there any major renovations and if so when?
The answer to the above questions will tell you if the apartment is rent stabilized. Landlords do not choose to have their building rent stablized, the building has to meet certain requirements.
If the apartment is stablized, your landlord has to offer you a new lease. And even if it is not stabilized you must be given due process. You cannot be summarily evicted.
If the building has 6 or more apartments the rules are different than if there are less. Housing court does not take kindly to landlords kicking tenants out of the building just to raise the rent.
Pink Slinky - Two units, built before 1972, I think major renovations were done (it is zoned commercial, but has two residential units), but I don’t know when.
My problem is that, if my landlady is simply not renewing my lease, as she is doing now that she’s dropped the “wall is falling down” claim, is she “summarily evicting” me?
You have thrown me a curve with the commercial zone. This calls for a real expert. I’ll see if I can get Houseman, who never posts although he is registered, to answer.
Houseman is a NYC housing expert. It’s what he does for a living. He told me to tell you to call HPD. He’ll post here tomorrow.
Am I being used as a patsy? Used to draw Houseman out into an ambush? Well, I will not be a pawn of the Illuminati!! I have learned from Oswald’s mistakes, and I will get my story out before your goons gun me down!!
I have already written several letters detailing events addressed to various law enforcement and media outlets. These letters will be released unless I check in every 24 hours. If anything happens to Houseman or myself, the WORLD WILL KNOW!!!
Call your local bar assn, they can refer you to someone wholl talk to you for a half hour for $25 [they said so on Peoples Court, which is in NY]. nolo.com for law books you can buy cheap also talk about this [Tenants handbook].
Handy - done all that, except call the local bar. I have emailed the 250 other attorneys in my firm, and no one knows the answer, mainly because L-T law in NYC, at least, is mighty peculiar.
So I turn to the teeming millions, and now wait patiently for Houseman’s post, while plotting strategy to prevent Manhattan from killing him and me.
No, Sua, you misunderstand. My devious plan is to draw out lurkers and make them posters. I’ve met Houseman, and he would make an excellent addition to the board.
So if your question draws him out of lurker status, that’s a good thing.
Thanks for the bump, without it I wouldn’t have seen this thread and never would have bothered to ask this…
Pink Slinky- If the apartment is stablized, your landlord has to offer you a new lease.
My landlord has told us that she would not be renewing our lease because her daughter wants to move into our apartment.
We’re good tenants, always pay the rent on time, aren’t noisey, etc. The landlord herself told my mother that we are very good tenants, but that she doesn’t like me.
We live in a duplex with the landlord downstairs & us upstairs if that makes a difference. I live in NJ but I imagine the laws would be relatively similar to New Yorks? Anyone know if she can do this? I didn’t even give it a second thought until I saw that comment. I’d look up the code myself but I don’t think anyone I know would be able to figure out what it means.
If someone knows & wants to email me directly so I dont stray from the OP too much (I’ve been doing that a lot today. oops. <slaps self> ), that’d be good
Since your landlord took the time to hire an architect if she was serious about the wall a permit from the buildings department would have been obtained and posted where the work was needed. Also load bearing walls with problems exhibit telltale signs for example;the entire building sags, falling bricks and mortar, you get the idea.The best recourse, however is in court. Even though she is not renewing your lease you still have the right to due process namely your day in court.
