Flushing, NY asked in Civil Litigation for New York

Q: This question is directed to Mr. Smollen. I added additional information to my original statements.

This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In 2018, the tenant of record died, followed by the special needs daughter place in a facility in 2019. The landlord at no point during the home attendant's residing with the family requested or offered a lease to the non family member. but one 9/13/2022, the owner issued a Notice to Terminate Tenancy at Will and on January 9,2023, a Holdover Notice of Petition.

Additionally, the original tenant resided in the apartment prior to 1971. I was under the impression that the 1930 edifice coupled with the fact there was no lease for the original tenant, categorized the apartment under rent control . Please clarify your position.

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1 Lawyer Answer
Victor M. Feraru
Victor M. Feraru
  • New York, NY
  • Licensed in New York

A: You've asked this question in two places--this is a situation where you absolutely need an attorney. No ones position would change much, you have to present the facts of your case in a forum outside of here, retain an attorney of your choice, and handle this issue in Court.

1 user found this answer helpful

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