Hi, I am a rent stabilized tenant in NYC. My landlord is threatening to evict me by filing family based occupation for my unit. How easy is this for him? I was thinking about this and the only thing I can hold on to is probably getting disability certificate for my depression. What kind of disability does DHCR look for? Do I have to provide a doctors report or it has to be Social Security approved disability. What other options do I have to keep my unit? I am not a senior citizen. Thank you.
This questions was posted as a Connecticut case.
You should post this question as a New York case.
This answer is for general and educational purposes only and does not establish an attorney-client relationship. An attorney-client relationship will not be established with me unless and until you have executed a written agreement for me to represent you. Nothing you post in this forum is confidential nor is it subject to attorney-client privilege.
Dear NYC Tenant:
I answered the question you posted in New York. I am not sure why a diagnosis of depression and disability would protect a rent stabilized tenant from an alleged breach of a substantial condition of tenancy or a violation of use of the residence or a violation of the Rent Stabilization Law and Code.
Instead of looking to force a disability diagnosis into this issue, how about consulting an attorney for a discussion about the Notice to Cure and what you described as a family based occupation. Likely, the landlord may not prevail on a breach of lease claim. A NYC tenant has greater protection in a breach of lease holdover proceeding than tenants residing in New York outside NYC, since only NYC tenants are afforded a further chance to "cure" a breach of lease even after the landlord prevails at a trial, in order to keep their home and tenancy intact.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline