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WALLSTREETESQ
WALLSTREETESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17252
Experience:  10 years, Real Estate litigation, represent the UFT, NYSID, AFL-CIO, PPD Network Attorney
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I am a shareholder in a Lams housing co-op in NYC. I have

Customer Question

Hello I am a shareholder in a Mitchell Lams housing co-op in NYC. I have just been given notice for eviction proceeding due to non-primary residence and subletting. But this is not the case. How can the prove otherwise?
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: Written occupancy agreement which I believe is renewed every three years.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I should also mention the apartment is legallly occupied by myself, my mother (equal shareholder) and my brother (a minor). My mother is a nurse and primary caregiver for my grandmother at her previous residence where they claim we still maintain our residence and not the co-op. My brother is here part-time as his father has custody rights. And I am 29 and have substantial proof I am at the co-op full time. I was just married and requestedmy now husband be added as a legal tenant under our agreement. After which we received our eviction notice. Prior to us bieng married my fiancé spent a significant amount of time in the coop but held his own lease elsewhere and never provided any financial support to us. We believe he may be the subletter they refer to in our notice. We all have taxes and utilities registed to the appropriate places. Do they really have a case against us to evict?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  WALLSTREETESQ replied 2 months ago.

Hello, you will have ample opportunity to litigate and defend the case, in NY you have an absolute right to fight the case in housing court, and you can provide your evidence, also in Court the COOP will have to prove that you violated the lease terms, you should also consider hiring a local housing Attorney to defend yourself.

Expert:  WALLSTREETESQ replied 2 months ago.

To prove your case, make sure your tax returns, drivers license, and utilities are all in the same address.

Expert:  WALLSTREETESQ replied 2 months ago.

Good luck, and if satisfied with our service please provide us with positive feedback, thank you

Customer: replied 2 months ago.
I am meeting a tenant/landlord attorney this week. I just wanted to collect some information before hand.
Customer: replied 2 months ago.
If my mother and I are both shareholders. And I've made all of the proper changes of address. But she hasn't. She did file her taxes at the coop address. And is on utilities. But only recently has she changed her address with banks, DMV and voter registration. Also registered my brother in the coop school district for the new year. Is this enough to prove primary residence in court?
Customer: replied 2 months ago.
Again just trying to get a better idea before we present our case to a lawyer. Not sure how much we should be worrying at this point..
Expert:  WALLSTREETESQ replied 2 months ago.

That should be fine, tax return addresses are looked at most and drivers license. You should be fine, also they have the burden to prove otherwise.

Customer: replied 2 months ago.
Thank you for your help. We believe they put up cameras after they served us with this notice of eviction. We know this is legal. But it makes us feel very uncomfortable in our home. The situation feels very escalated.
Expert:  WALLSTREETESQ replied 2 months ago.

Also, since you are shareholders, it will be more difficult for them to actually evict you, they may be doing this to scare you.

Good luck, and if satisfied with our service please provide us with positive feedback, thank you

Customer: replied 2 months ago.
Will do. And thanks again.
Expert:  WALLSTREETESQ replied 2 months ago.

Good luck,

Expert:  WALLSTREETESQ replied 2 months ago.

Please provide us with positive feedback, so we can receive credit. Thank you

Expert:  WALLSTREETESQ replied 2 months ago.

Please give us 5 stars so we can receive credit for our conversation, thank you

Expert:  WALLSTREETESQ replied 2 months ago.

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Expert:  WALLSTREETESQ replied 2 months ago.

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