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Learn the New York Landlord Tenant Law!
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LATEST ALERTS POSTED!
It is your regulated home to save in New York Housing - Emergency Tenant Protection Act of 1974 (EPTA) Rent Guidelines in New York - May 10, 2006 In Kips Bay a Mitchell-Lama left the program To all regulated/non-regulated including co-op tenants Rent Stabilized Co-op/Condo Succession Rights To any tenant living in a regulated apartment with a legal regulate Preferential Rent on Regulated Apartments Threat to Chelsea Rent-regulated Tenants Obtaining Services from Your Landlord The Breach of Warranty of Habitability As a Sucker's Bet Violation of lease where landlord claims you altered something in the apartment |
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Nuisance Clutter |
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You have received a notice from your landlord that he is charging you with nuisance because of your cluttered apartment. Take a good long objective look at your surroundings (which I assume is a regulated apartment). Next get in some friends or relatives to look at your apartment who will give you their honest opinion. Caution: You are in grave peril of losing your apartment. THIS IS SERIOUS BUSINESS If the charges are accurate you should follow the instructions set out in Part I. If the charges are sham you should follow Part II. However, whether you follow Part I or Part II, I advise you to do the following:
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PART I |
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After understanding that some of the most intelligent people in the world wind up with cluttered apartments, you should do the obvious. Under your lawyer's guidance you will have the apartment professionally cleaned and "decluttered." While theoretically the landlord can press a nuisance of this nature and claim that a nuisance cannot be cured, as a practical matter the Housing Court will find a way to save an apartment once the apartment has been cleaned to the satisfaction of the Court. |
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PART II |
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Should you receive this nature of notice and you objectively know it to be false and sham, I would address it as follows:
Dear Mr.
Landlord: I
acknowledge and reject your notice dated _____________________. Annexed
please find a set of pictures that were taken at a party I just had for my
friends and relatives at my home on ___________________________. The participants are prepared to come to Court to testify on my behalf. You have, of course, been mistaken in the issuance of the notice and I request you acknowledge this error so this matter can be deemed resolved. Should you elect to go forward with your sham proceeding, I can assure you that you will face severe consequences in that I will institute proceedings before the Enforcement Bureau of the New York State Division of Housing and Community Renewal. I
commend this matter to your prompt attention.
Sincerely, |
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