Possible Impending City Hotel Program Eviction

via goldi - April 30, 2013

Some city sheltering expires today.  The Legal Aid Society has filed a class action suit on behalf of city shelter residents against the city's program.  A hearing was held yesterday, then got pushed to this morning where a temporary stay was issued until a further hearing tomorrow at 2pm.  If the ruling is in favor of the city and against residents, all residents in the city program should have the document below in their possession!

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To Whom It May Concern:
My name is __________________________.  I have been an occupant of room number _____ for more than 30 days and rent has been paid for at least 30 days.  I am not a transient and plan to remain in this room.  I would like a lease.

As such, under New York State law, Section 711 of the Real Property and Procedure Law, I am a month to month tenant of this room. 

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      A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer; he shall not be removed from possession except in special proceedings.

Section 711, RPAPL. 
You have told me that I must leave this room or you will lock me out.   Such an action is completely illegal and violates state law and New York City’s Illegal Eviction Law, N.Y.C. Admin. Code § 26-521. 

Please be aware that if you take any such action against me, I will pursue all legal remedies including criminal penalties, civil penalties, and punitive damages.

Sincerely yours, <<NYPD patrol guide.pdf>>

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wsj.com - by Josh Dawsey - April 29, 2013

A judge on Monday temporarily blocked the city's plan to end a program in which hundreds of people displaced by superstorm Sandy have been sheltered for months in hotel rooms paid for by the city.

State Supreme Court Justice Margaret A. Chan's temporary restraining order came in response to a lawsuit filed earlier in the day that challenged the city's move to shut down the program, which has cost the city at least $40 million.

The city moved quickly to challenge Justice Chan's order.

(READ COMPLETE ARTICLE)

N.Y. RPA. LAW § 711 : NY Code - Section 711: Grounds where landlord-tenant relationship exists

NYC Administrative Code § 26-521. Unlawful eviction