FACT SHEET # 32 EVICTION. Introduction

Transcription

1 FACT SHEET Andrew M. Cum, Gvernr A PUBLICATION OF NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION # 32 EVICTION Intrductin In New Yrk State, an evictin f a tenant is lawful nly if an wner has brught a curt prceeding and btained a judgment f pssessin frm the curt. A sheriff, marshal r cnstable can carry ut a curt rdered evictin. An wner may nt evict a tenant by use f frce r unlawful means. Any tenant wh believes they are abut t be evicted is advised t cntact an attrney in private practice r with a legal aid r legal services agency, t prtect their interests. Tenant Infrmatin Sme tenants may qualify fr free r discunted legal assistance. The fllwing resurces are available. The Legal Aid Sciety Legal Services NYC NYS Bar Assciatin Lawyer Referral and Infrmatin Service Law Help NY is an n-line tl that assists lw-incme New Yrkers in reslving their legal prblems. T search fr legal assistance by zip cde, lg n t Tenants may als want t cntact the Husing Curt in their cunty r the marshal. The fllwing resurces are available. Husing Curts Brnx Grand Cncurse Brklyn Livingstn Street Manhattan Centre Street 170 East 121st Street (serving zip cdes and 10037) Queens Sutphin Bulevard Staten Island Castletn Avenue Rent InfLine (718) Web Site: address: rentinf@nyshcr.rg #32 pg. 1 f 5

2 Fr assistance with questins abut legal infrmatin, the curt system in general, r any curt-related matter, yu can send an t questin@nycurts.gv. Yu can als lg n nycurts.gv r call COURTNY. The Office f Civil Justice at the NYC Human Resurces Administratin funds free Anti-Evictin Legal Services in the husing curts and cmmunity ffices acrss New Yrk City fr lw incme tenants facing evictin. Fr infrmatin, civiljustice@hra.nyc.gv r call 311. Sme senir citizens with a pending Husing Curt case may be eligible t receive free legal and scial services thrugh the Assigned Cunsel Prject (ACP), jintly administered by the NYC Department fr the Aging (DFTA) and the NYC Civil Curt. Fr infrmatin, yu can visit yur curt's Help Center. Fr cntact infrmatin and FAQs abut Marshals in New Yrk City, g t and the link t the Department f Investigatins (DOI), r call 311. Owner Infrmatin All wners and their legal representatives shuld carefully review the sectins f the rent regulatins applicable t the situatin that is causing them t cntemplate initiating an evictin prceeding. Certain evictin situatins require the apprval f the DHCR, prir t prceeding t curt, while thers d nt. Certain situatins require the filing f terminatin ntices in specified time frames, while thers d nt. Fr tenants subject t Rent Cntrl, Sectin (c) f the NYC Rent and Evictin Regulatins requires that a cpy f the ntice f terminatin and an affidavit f service be served n the District Rent Office, which the curts have held, is the ffice lcated in the brugh f the curt prceeding. Fr prceedings in Manhattan, it is DHCR's psitin, that service can be upn either the Lwer r Upper Manhattan Rent Office. Fr prceedings in Staten Island, where DHCR des nt have a rent ffice, it is DHCR's psitin, that the service can als be upn either f the Manhattan Rent Offices. The Queens, Brnx and Brklyn ffices will be the place f service fr prceedings in their respective brughs. Small building wners can cntact the Small Building Owner Assistance Unit at Gertz Plaza, Unin Hall Street, Jamaica, New Yrk if they need infrmatin and assistance in understanding these varius regulatins. Rent InfLine (718) Web Site: #32 pg. 2 f 5 address: rentinf@nyshcr.rg

3 Grunds fr Evictin Nn-payment f rent - the wner des nt need the apprval f DHCR befre initiating a curt prceeding and des nt need t serve the tenant with a terminatin ntice within a specified time frame. The rent regulatins identify ther grunds fr which an wner may initiate evictin prceedings based n the wrngful acts f a tenant which d nt first need the apprval f DHCR. Hwever, these ther grunds generally d require that the wner first serve the tenant with a terminatin ntice, again within a specified time frame. Sme f these grunds are: failure t cure a vilatin f a substantial bligatin f the tenancy damaging the husing accmmdatin refusing the wner access t make needed repairs Example - damaging the husing accmmdatin The tenant, Mr. Wilsn, has been using heavy machinery in the apartment, damaging the ceiling and walls and interfering with the cmfrt and safety f the ther tenants. The wner, Ms. Jamisn, in accrdance with the parties' lease, shuld serve Mr. Wilsn with a ntice, describing the prblem in detail, and telling him that he is required t rectify the prblem. This is knwn as a "Ntice t Cure." If uncured, the wner has t serve the tenant with a Terminatin Ntice at least 7 calendar days in advance f the date that he wants the tenant t surrender pssessin. After the required time perid stated in the terminatin ntice has elapsed, the wner may cmmence legal prceedings. The rent regulatins identify ther grunds upn which an wner may refuse t renew a lease r discntinue a tenancy, withut DHCR apprval. These als require the service n the tenant f required terminatin ntices. Sme f these grunds are: ccupancy by the wner r member f the wner's immediate family. (See Fact Sheet #10) recvery f the unit by a nt fr prfit institutin fr use in cnnectin with its charitable r educatinal purpses. In New Yrk City, the tenant is nt using the unit as a primary residence. Rent InfLine (718) #32 pg. 3 f 5 Web Site: address: rentinf@nyshcr.rg

4 Example - primary residence The wner, Mr. Smith, believes the tenant, Mr. Jnes, is nt using his apartment as his primary residence. The wner must ntify the tenant in writing that a lease renewal ffer will nt be made and this terminatin ntice must be served at least 90 and nt mre than 150 days prir t the expiratin f the lease. The wner must als give a 30 day ntice t the tenant f his intentin t cmmence a curt actin. The tw ntices can be cmbined. As lng as Mr. Smith served these ntices during the prper time perids, he can prceed t take Mr. Jnes t curt t seek evictin as DHCR has n authrity t intervene. Any bjectin a tenant may have t the adequacy f the ntice f nn-renewal r t the validity f the wner's claim can nly be asserted in curt. The rent regulatins als identify grunds fr refusal t renew a lease and fr the evictin f a tenant which first require DHCR's apprval. Sme f these grunds are: withdrawal frm the rental market demlitin (See Fact Sheet # 11) the eliminatin f unsafe husing t either rehabilitate r demlish it pursuant t state r federal laws. This fact sheet cntains a basic verview and summary f this tpic. Fr detailed infrmatin, please reference the surces cited belw. Surces Tenant Prtectin Regulatins, Sectins 2503, 2504 New Yrk City Rent Stabilizatin Cde, Sectins 2523, 2524 New Yrk City Rent and Evictin Regulatins, Sectin 2204 New Yrk State Rent and Evictin Regulatins, Sectin 2104 Rent InfLine (718) Web Site: #32 pg. 4 f 5 address: rentinf@nyshcr.rg

5 Fr mre infrmatin r assistance, call the DHCR Rent InfLine, r visit yur Brugh Rent Office. Queens Lwer Manhattan Unin Hall Street 25 Beaver Street 6th Flr 5th Flr Jamaica, NY New Yrk, NY (718) Brklyn Brnx 55 Hansn Place 1 Frdham Plaza 7th Flr 4th Flr Brklyn, NY Brnx, NY Upper Manhattan Westchester Cunty 163 W. 125th Street 75 Suth Bradway 5th Flr 3rd Flr New Yrk, NY White Plains, NY Rent InfLine (718) Web Site: #32 pg. 5 f 5 address: rentinf@nyshcr.rg