Can a married couple, living in an apartment that is NOT rent controlled, be forced out by the landlord

Bankruptcy and Debt 2 views 3 answers
landlord wants married couple, to leave the apartment, so he can sell the house. ( his statement ) Woman ( wife ) was born & has lived in the building, for 73 years. She is disabled ( internal illness ) but is functional & not under any assisted care. Husband is 74 years of age & has lived , with wife in building, over 40 years. Apartment is NOT rent controlled.

Attorney Answers

3
Richard J. ChertockReal Estate AttorneyMelville, NY ·
Being that the apartment is not rent controlled the landlord does have the right to refuse to renew your lease and to evict you at its termination.
0 upvotes
Steven Smollens ·
Dear Brooklyn Friend: Tell your local elected officials that something is wrong with New York law. New York law gives no protection at all to elderly, disabled, long-term tenants without a lease and without the protection of rent regulation. This is nothing new. Only rent regulation created barriers to eviction of tenants. The sad part of this problem is that this married couple had to have known about the peril of living without rent regulation, and rather than locate a long time ago to a rent controlled or rent stabilized dwelling stayed until too old to move in a home without any legal barrier to eviction for no cause at all. By the way: How do you know the apartment is not rent controlled? Have you checked out all sources for records of the status of these tenants? Nearly every rented residence in NYC at one time had a layer of government control imposed during WWII, and since the wife lived in this home since that era, her home, may have been made subject to rent control, and successive owners, simply never bothered to deal with the issues of having a rent controlled apartment in the house. Perhaps you may consider arranging to hire a lawyer for your friends.
0 upvotes
Gregory Abbott ·
It is sad, but the reality is that unless there is some sort of rent control or other regulation prohibiting the landlord from summarily notifying a tenant their tenancy is up and it is time to get out - even after 73 years - it is the landlord's right. Mr. Smollens has offered some ideas to potential help if the facts turn out right (and you certainly should check out his ideas and/or consult with him further) but absent that, it IS their building and they DO have a right in the end to make changes as they see fit. Sorry, but that is the reality.
0 upvotes

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