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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7451
Experience:  Just Answer consultant at Self employed
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I want to know if I can win against NYC housing authority,

Customer Question

I want to know if I can win against NYC housing authority, for a apartment that I've been living in with my step daughter, for 11 months?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  legalgems replied 5 months ago.

What would be the basis for the complaint?

Customer: replied 5 months ago.
NYC housing authority is trying to put me out of the apartment I've lived there with my step daughter, paying her rent and she moved out
Expert:  legalgems replied 5 months ago.

And on what grounds are they trying to remove the tenant - is this via the eviction process?

Customer: replied 5 months ago.
No. She and I went and spoke to the assistant manager, so that I could remain in the apartment, and I was told that I have until the 29 of July to move out
Customer: replied 5 months ago.
As long as I pay July rent which I've done.
Expert:  legalgems replied 5 months ago.

Thank you;

a grievance can be filed here:

http://cwtfhc.org/nycha-grievances/

These are the reasons they may issue a notice to vacate; failing that the tenant is entitled to remain in the unit:

FOR WHAT REASONS CAN MY TENANCY BE TERMINATED? NYCHA can terminate your tenancy (evict you) for the following reasons: 1. Non-Desirability: Bad conduct (such as use or possession of drugs) by you or anyone living in your apartment or visiting frequently, showing: danger or nuisance to your neighbors, a sex or morals offense in or near a NYCHA project, danger to NYCHA employees, or damage to NYCHA property. 2. Breach of Rules and Regulations: Violation of any NYCHA rule or regulation by you or anyone living in your apartment. In such cases, NYCHA must give you a chance to correct the problem. 3. Chronic Breach of Rules and Regulations: Either (1) the repeated violation by you or anyone living in your apartment of NYCHA rules and regulations or (2) one repetition of a violation of a NYCHA rule or regulation that you previously told NYCHA was corrected. In these situations, NYCHA will NOT give you a second chance to correct the problem. 4. Chronic Delinquency in the Payment of Rent: Frequently paying your rent late, even if it is now paid up. 5. Non-Verifiable Income: Failure, neglect, or refusal to provide proof of your family’s annual income that is acceptable to NYCHA. 6. Assignment or Transfer of Possession: The tenant of record (who signed the lease) has moved out or no longer lives in the apartment, and someone else is living there. 7. Misrepresentation: Purposefully misstating to or hiding from NYCHA a vital fact about your eligibility for admission to or continued occupancy of NYCHA housing, or about your rent.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 5 months ago.
Basically, it sounds as if I don't have a chance to stay from what you sent me. I don't have a place to live, I moved in to help her pay the rent because she left her job and housing didn't lower her rent..
Expert:  legalgems replied 5 months ago.

So this involves an assignment; unfortunately yes, that is grounds for a notice to vacate; the housing subsidy is specific to the original tenant,unfortunately.

If no further questions, kindly rate a 3, 4 of preferably 5 star - thank you.

Expert:  legalgems replied 5 months ago.

Checking in on the above;

Thanks for using Just Answer!