Legal Question in Landlord & Tenant Law in New York

Is reciving mail at a location other than my residence a violation of my tenancy

I reside at 2920 W. 21 street BKLYN, NY in a building with more than six apartments. My landlord has falsly accused me of subletting my apt. to a John/Jane Doe. Furthermore, landlord states that I vacated my premisis and am currently residing in Raleigh, N.C.. In addition,landlord states that new occupants have been observed coming and going since fall of 2003. Also John/Jane Doe have been coming and going on a daily basis with keys to the apt. and mailbox. Landlord also states that new occupants have been observed engaging in illegal sale, storage, packaging and/or manufcturing of illegal narcotic drugs. I have resided in this apt. since spring of 1985 to present along with my four children. Approx. Sept. of 2003 my two younger children age 15 and 17 have been residing with their uncle to finish their schooling. The purpose of relocating the children school is because of the heavy activity of drugs, loitoring, and shootouts that have occured in the vacnity of my apt. However, I along with my two older daughters age 20 and 23 are still reside there. I do order items from catalogs and have them sent to Raleigh, NC, in my name. The landlord has harassed,invaded my privacy and slandered my name falsely. What do I do at court 5/12/04


Asked on 5/07/04, 8:56 pm

2 Answers from Attorneys

richard feldman richard d. feldman

Re: Is reciving mail at a location other than my residence a violation of my ten

you should be very careful about what you say bring copies of all utuiity bills in your name. and tax returns etc. you should really have an attorney. E mail me if you have any questions and leave your phone number

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Answered on 5/08/04, 12:00 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Is reciving mail at a location other than my residence a violation of my ten

This is a bit tricky. But you should be able to establish your residency by showing utility bills for your Brooklyn address. Paid receipts, other mail. You may want to conduct discovery to find out what "evidence" the landlord is relying on. They don't usually file this type of procceding unless there is some provable theory behind the allegations.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/10/04, 9:06 am


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