Living as room mate in nycha for 12 yrs paying rent. Now person wants me out. I know person signed a contract stating they would not have anyone living un apt but i have been here since 2008. Do they need to evict me and what can i do about the contact they signed. I know bc its family
Dear NYCHA Resident:
Probably your fate depends on the tenant using the proper predicate notice and then summary holdover proceeding. The wrong form of notice would cause the tenant to lose the case. That may be sufficient to cause the tenant to give up--at least for a while--especially if the tenant spent money on an attorney.
That does not solve your problem. Even an authorized legal occupant of a NYCHA apartment is not a tenant, and continued occupancy rights depend on the tenant wanting to the relation to last and on NYCHA not revoking permission to live with the tenant.
But if the tenant brings the correct lawsuit based on the proper predicate notice and there is no fact issue relating to service of the notices, the tenant should prevail and secure a judgment for possession. The Court cannot impose a tenancy into the apartment even though you lived in the apartment with the tenant for 12 years.
NYCHA tenancies cannot be imposed on the HA and the tenant of record even from a Housing Court Judge.
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