![]() The subtenant was able to demonstrate that she filed tax returns at the premises for many years, was registered to vote at the premises, had a New York State driver’s license with the address of the premises, and had multiple other accounts and received mail at the premises. immediately contacted the subtenant who confirmed the facts and agreed to testify on the landlord’s behalf. However, the smoking gun was the subtenant. This evidence would typically be enough for a landlord to prevail at a hearing. performed a detailed investigation and learned that the shareholder owned two other properties, had mortgages on the other properties, was registered to vote elsewhere, received tax benefits for another property that are only available where the property is a primary residence, registered a car at one of the other properties, and obtained additional information and documentation demonstrating that she was primarily residing away from the subject apartment and was subletting it. Recently, when a subtenant of one of its shareholders submitted a move-out request, Adam Leitman Bailey, P.C.’s client realized that the shareholder was not residing in the apartment and alerted Adam Leitman Bailey, P.C.’s office.Īdam Leitman Bailey, P.C. Where a shareholder or tenant violates the rules, the landlord must obtain a certificate of eviction from HPD before commencing an eviction proceeding against the offender. ![]() As with rent-stabilized and rent-controlled apartments in New York City, a primary residence is required in Mitchell-Lama buildings. Adam Leitman Bailey, P.C., routinely represents Mitchell-Lama governed buildings at the Department of Housing Preservation and Development. ![]()
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