Does my Landlord have standing to evict me from rent stabilized apartment?

Asked about 2 years ago - New York, NY

My Landlord is suing to evict me from a rent stabilized apartment. Landlord is registered with the Division of Housing and Community Renewal, but not with the Department of Housing Preservation and Development. Does Landlord have standing to evict me?

Attorney answers (2)

  1. Steven Warren Smollens

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Does my landlord have standing to evict me?

    Perhaps I might help.

    An attorney for a tenant is almost a necessary requirement to properly protect a rent stabilized tenancy under attack by a landlord in New York Housing Court.

    In a landlord and tenant relation usually only your landlord has standing to evict you. The issue is whether your landlord has legal grounds to evict you. Because you are a rent stabilized tenant, the landlord is legally limited to the grounds which he may have available to refuse to renew the lease, the landlord is bound to offer a renewal lease to you unless the landlord has grounds and facts to support a "window period" notice of intention to refuse a renewal lease. Your defense may be founded on an improper notice, an untimely notice and on a lack of facts to support the notice of refusal to renew the lease. Your attorney should be able to chart your defense to your advantage to look to recover your renewal lease.

    You could read more about your rights as a rent stabilized tenant to an offer of renewal lease at:

    http://www.nyshcr.org/Rent/factsheets/orafac4.htm

    and at:

    http://www.housingnyc.com/html/guide/basics.html

    In relation to the failure to maintain a current registration with NYC HPD, case law has developed along lines that allow a landlord to correct or register the multiple dwelling even during the course of the proceeding. There are some court decisions that suggest that in a holdover proceeding the landlord does not need to comply with the court rule that requires a statement in the petition stating the status of the building as a multiple dwelling and the registration information if it is a multiple dwelling.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Simon W. Reiff

    Contributor Level 11

    Answered . The landlord cannot evict you if the property is not registered with HPD, unless two conditions are met: (1) the building has only one or two apartments, AND (2) the landlord lives in one of the units. Otherwise, the building must be registered with HPD, and the petition must allege that the landlord is registered (and provide the Multiple Dwelling Registration number, if applicable).

    I strongly recommend, however, that you retain a landlord-tenant attorney now and not attempt to handle the eviction proceeding on your own. This case might fail because the landlord isn't registered with HPD, but you can be sure that the landlord will register and start a new eviction proceeding. A good attorney will help you negotiate a settlement and protect your valuable rights in the apartment. Good luck.

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