Reasons for Eviction

Your landlord has been given, by the Pataki Administration, every incentive to seek your eviction from your New York rent regulated apartment.
At any time that he can vacate your Robert A. Katz apartment your landlord is allowed a vacancy allowance of a minimum of twenty percent to a maximum of twenty-six percent depending upon how many years a tenant had previously occupied the apartment in New York. But if before the new tenant comes in to this rent stabilized apartment the landlord makes improvements under what is known as a 1/40th individual improvement the next tenant will pay considerably more than the vacancy allowance.
There are many ways for a landlord to seek your eviction in New York. At this point I will list them with the objective of providing articles on each as soon as possible.

1. Non payment proceeding

2. Holdover proceedings under which category there are the following types:

-chronic non-payment
-personal use occupancy
-illegal sublet
-violation of lease where landlord claims you altered something in the apartment
-non-primary residence proceeding
-luxury decontrol proceedings
-challenging succession
-nuisance proceedings
-excessive charge to roommate

Non-Payment Proceedings

Most landlord- tenant proceedings fall in this category. In New York, if you fail to pay your rent the landlord serves a demand for rent and if you fail to comply with the demand the landlord can take you into Court by serving what is called a non-payment petition.
If you receive a non-payment petition and you have the funds to pay you should pay the rent. Your compliance with the petition may end the matter. However, before turning over the money you want something in writing from the landlord indicating withdrawal of proceedings.
Most landlords will end the matter there unless you are a problem tenant. However, the landlord may insist on seeking attorneys’ fees which the landlord can do if it is provided in the lease and if he presses this matter there is a good chance the landlord will recover such fees which can be substantial so if there is an indication that the landlord will pursue such fees then you should consider negotiating the fees.

When you cannot pay the rent

You are up against it. You cannot pay the rent. What to do?

Send the landlord a letter explaining your circumstances.
Seek a one shot grant from social services. Here you go to landlord-tenant court where you will find a Housing Task Force Table who can best guide you to a social service worker.
If you already have a social service worker, contact him or her. Whatever you do, do not ignore the petition that you must answer in five days before the Clerk of the Court.
- Before answering, if at all possible you should try to see a lawyer.
- You may consider going to the Legal Aid Society. they may or may nottake your case but they will be able to look over the petition and refer you to some other.
- If you are a senior citizen there are agencies who address such issues such as JASA.
- Although a non-payment proceeding can lead to eviction its objective is to collect the money not eviction.
- If the matter is addressed in Court the landlord or his attorney will try to end the matter with a stipulation providing for terms.
- In the ordinary matter the judge or his court attorney will do their best to find a solution short of eviction and will press for a stipulation.
- If this is the first time -- on the first day you come to Court -- you can invoke your right to have time to find a lawyer and upon you making such demand the Court must comply and grant a single adjournment so you may exercise that right and nothing further can and will happen in the proceeding until the adjourned date. Here you should try in invoking this right to adjourn the matter for as long as you can because upon the adjourned date you face a far more serious circumstance.

Holdovers - Chronic NonPayment

If you chance to have two or more episodes of non-payments you can fall into the vicious trap of the chronic nonpayment holdover. What constitutes a chronic nonpayment holdover is initially a subjective standard in the eye of the landlord.
The landlord usually commences this proceeding as a substantial violation of a lease or as a nuisance. In one case, that is still in litigation, the landlord sent out a non-renewal notice.
The government has sat back and has failed to promulgate any objective standards for the Court to follow.
What will often happen is when you go to Court to answer this proceeding the landlord’s attorney will try to get you to sign a stipulation which puts you on probation for a period of time in the future.
The tenant, of course, wants to stop coming to court and sees nothing wrong with signing this stipulation. What is really going on is by signing this stipulation you are putting your head in the lion’s mouth and it will be most difficult to come out with your head. One slip may close the lion’s mouth and chop off your apartment.
This is a stipulation that you should not sign without a lawyer having examined same on your behalf.
Never sign such a stipulation if the stipulation gives the landlord the power to enter judgment.
Never sign such a stipulation if it gives up your right to a denovo (do over) trial.
Never sign such a stipulation if it gives up breach of warranty defense — if you have defects in your apartment.
Never sign such a stipulation if it forces you to withdraw a complaint before the New York State Division of Housing and Community Renewal.

Disclaimer: While I am an attorney who regularly advises clients, including tenant associations, in the area of tenant law, I am here as a tenant advocate seeking to impart only general knowledge and information to the tenant community. In such circumstances, I am not providing specific advice as I would to a client. I cannot do so because I do not know the specifics of your problem.
Therefore, before taking any advice from what you read herein I advise that you consult an attorney knowledgeable in this area.

Robert A. Katz

Counsel to Queens League of United Tenants