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  1. #1
    Join Date
    Apr 2006
    Location
    California
    Posts
    10

    Default Eviction of a Roommate from a Rent Stabilized Apartment

    My question involves an eviction in the state of: NY in NYC
    I am renting a room from a tenant in NYC. I have never been late with rent. Not once.
    I was given a notice to vacate by my room mate.
    She move her boyfriend in and wants me out. I have resided here for 9 months.
    I also recently found out that it is a rent stabilized and section 8 apartment.
    She is charging myself and another roommate 600 for an apartment that she is paying 250 / month for.
    Ive never been down this road before, so Im not sure what my defense or recourse is.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: A Weird Situation

    Want revenge? Consider contacting this persons caseworker at the housing authority who handles her Section 8 voucher. It is very likely that she cannot sublet while receiving a section 8 voucher (since the tax payers are paying a portion of her rent). As such, the rent she has collected from you and another roommate would be considered income and should have been reported as such to the housing authority. If not, this tenant may be at risk for losing her voucher.

    Gail

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: A Weird Situation

    Not clear on that myself.

    If you are correct that the apartment is rent stabilized then read the NYC rent stabilization code:

    http://www.tenant.net/Rent_Laws/rsc/rsc2525.html

    Specifically Section 2525.7 at the bottom. I don't know if that requires her to charge you a portion of the $250 that she pays or a portion of the actual rent charged by the landlord.

    You might want to call up the Rent Guidelines Board and discuss the situation.

    Bottom line, though, if none of that helps you then the only thing you have to be concerned with is proper notice of termination.

    You are apparently on a month-to-month rental without a written lease, right?

    If that's the case the following statute applies:

    Search N.Y. RPP. LAW § 232-a : NY Code - Section 232-A: Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.

    http://codes.lp.findlaw.com/nycode/RPP/7/232-a

    In other words, she has to give you 30 days written notice of termination.

    You are welcome to turn her in to the Section 8 agency if you like.

    Next time you take a room like that, make sure you get a written lease of a specific duration or even a written month-to-month agreement with a longer termination notice period.

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