QUESTION
Can Board of Director of Coop BLDg evict me if landlord signed with me lease for 1 more year but Board not approve lease? Lanlord is agree to keep me.
Asked on Jun 29th, 2012 on Discrimination - New York
More details to this question:
I live in a Co op building since May 2009. My landlord is agree to rent to me the place for 1 more year. After signing lease in April this year with landlord, Board of Director does not want to approve the lease, gave my landlord just 2 months to put me on the street. Landlord wants to keep me as tenant. I noticed that owner underneath my apartment, who is the person, which husband called me one day " fucking Hispanic go live some where else", became recently Director of the Board . I feel discriminated & think she is influencing the Board of Directors, since I did''nt have problems before renewing my lease. Landlord told me that in 20 years that she has been renting this apartment she never had problems before, this is first time the board denies her to rent . I am concern about not being able to find another place to live withing 2 months .Can they evict me ? My Landlord sent letter to board asking reasons why they denied, they answered " They dont have to give reasons".
1 ANSWER
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A coop can place restrictions on subleasing a unit owner's apartment. However, as it appears the subleasing has occurred with this apartment for twenty years, then the coop would have a harder time demonstrating it had the right to not approve the sublease- yet, this would have to be determined in court. These cases take time, I can advise from experience, but the unit owner (tenant) would have to be part of the court process, where you could claim discrimination, assuming you can prove the Board member made that statement.
Gerry Wendrovsky, Esq.
http://www.upperwestsidelawyer.com/
Answered on Jul 29th, 2012 at 3:23 PM