Legal Question in Landlord & Tenant Law in New York

rent controlled tenant not living in apartment...read on...

I own a 5 apartment building in brooklyn. There is a rent controlled apartment on the ground floor. The tenant, a 60-70 year on man with polio does not live in the apartment...he lives with relatives in Pennsylvania. He has no credit history, bank accounts, no job... he is nearly invisible. His nephew has been living in the apartment more on than off for years... I started an action against the tenant and the nephew on the ''non primary residence'' explanation...The action was stayed while a guardian was appointed for the tenant...there is a guardian now. Rent has come in sporadically and for the last 30-60 days no one has come to the apartment. The electricity was shut off and the place is beginning to emit an odor. (I know no one is in the apartment). Question Can I enter the apartment (I do not have a key) to remove the cause of the smell? Do I need to get a court order? Any chance of getting the apartment de-conrolled?

Thanks.


Asked on 6/14/06, 12:07 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: rent controlled tenant not living in apartment...read on...

There is a certain means to getting entrance.

1. call the police and explain that the apt is rented to an elderly man and there is a smell emanating from the apt. Ask the police to break in as a possible rescue of the elderly man.

2. An alternative is to request n order through the court for access to remove a nuisance, the smell.

You arevwelcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 6/14/06, 2:43 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: rent controlled tenant not living in apartment...read on...

I would recommend moving by order to show cause.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office

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Answered on 6/14/06, 11:02 am


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