Under certain circumstances, the Rent Stabilization Code allows a landlord to recover a stabilized apartment for personal use.
In a recent case, Nestor v. Britt, 2012 NY Slip Op 22034 – NY: Appellate Term, 1st Dept. 2012, the court stated the following:
We agree, essentially for reasons stated by Civil Court, that petitioner-landlords are barred from maintaining the within owner use holdover proceeding based upon their demonstrated failure to comply with the equivalent housing requirements of Rent Stabilization Code (9 NYCRR) § 2524.4(a)(2). The cited Code section requires a landlord seeking to recover a stabilized apartment for personal use to offer an elderly or disabled tenant “lawfully occupying” the unit “an equivalent or superior housing accommodation at the same or lower regulated rent in a closely proximate area.” As the motion court properly recognized, the landlords’ offer to the elderly tenant of any number of unregulated “market” apartments did not satisfy their statutory obligation to offer tenant “an equivalent or superior housing accommodation at the same or lower regulated rent” (emphasis added) (Code § 2524.4(a)(2); see Rent Stabilization Law [Administrative Code of City of NY] §26-511[c][9][b] [“same or lower stabilized rent”), a requirement which plainly presupposes that the proposed alternative housing unit itself be covered by rent stabilization.
Up to ten Years.
The fact that you’ve filed bankruptcy can appear on your credit report for ten years from the date your case was filed. However, this does not mean that you can’t buy a house, rent an apartment, get a car loan or a credit card for ten years. Debts discharged in your bankruptcy should be listed on your credit report as having a zero balance. Because bankruptcy wipes out your old debts, you will likely to be in a better position to pay your current bills and make monthly payments on new debt.
In fact, you may receive credit offers soon after your debts are discharged in bankruptcy. However, it would be wise to carefully consider the terms, need, and affordability of each new credit offer. Wisely using credit can go a long way in helping you avoid future financial problems.
We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.
Call (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney!
Please visit our Bankruptcy category to learn more about filing for bankruptcy.
Before you rent your next apartment, you may want to check out Public Advocate Bill de Blasio’s new website:
Press release: “Public Advocate Bill de Blasio today unveiled a new website that exposes the landlords behind some of the city’s most dangerous and dilapidated buildings. The Public Advocate’s NYC’s Worst Landlords Watch List is the first resource allowing tenants to look up a current or potential landlord by name and see code violations for other buildings the landlord owns. The Watch List is available online at advocate.nyc.gov/landlord-watchlist.”
Visit our Landlord-Tenant category to learn more about Landlord-Tenant issues.
As always, The Landlord-Tenant Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a Landlord-Tenant attorney.
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