Relocation Issues in New York

 

Your landlord notifies you that he wants to do work in your rent regulated apartment and that in order to do this work he wants you to temporarily leave your apartment and that he will let you back when the work is completed.

YOU ARE IN BIG TROUBLE if you co-operate with this landlord. You are in danger of losing your home or in danger of a very steep rent increase even if you can recover your apartment.

The first thing you tell this landlord is that before you decide on anything you must consult a lawyer.

DO NOT SPEAK WITH OR CONSULT A LAWYER RECOMMENDED BY YOUR LANDLORD. DO NO SPEAK TO YOUR LANDLORD’S LAWYER.

The lawyer you should consult should be knowledgeable in rent regulatory matters and should be experienced in drafting or reviewing relocation agreements.

If you cannot afford a private lawyer you can seek advice at various groups such as Met Council, Tenants and neighbors, QLOUT or your City Council person, your assembly person, your state senator, etc.

  

  Preparing to Meet With a Lawyer or Tenant Advocate

The first step is to take pictures of your apartment in its present condition so that they are available at the conference.

The second step is to obtain a print out of HPD and building violations.

The third step is to prepare a memorandum of all conversations or correspondence with the landlord relative to this matter (Open a tenant’s file).

Now this is an alert and I am not about to draft a form of relocation agreement. Such an agreement must be custom tailored to the specific circumstances but what I will do is set down some essential concerns:

1. You are concerned as to where you are to be relocated and who is to pay the expenses of relocation and the rent on the relocation as well as on your present apartment.

2. Will you have to put anything in storage and who pays the expense.

3. You want it in writing that nothing that the landlord does in renovation will allow him to deregulate the apartment or impose any rent increase — no change in regulatory status.

4. You want a specific date that you will be able to return to the apartment and a certification that the apartment will be ready for your return and a penalty clause for default.

Now these are the major concerns as to relocation. All may be subject to negotiation and other lawyers and/or tenant advocates may have other or better suggestions. All I have done in this alert is to raise the red flag of danger.

 
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