Defend your rights
Linc Renters Fighting to Avoid Illegal Evictions
- The more we work together the better it will go! - Mayor Bill de Blasio
The rental market in New York is very hot right now and investors are buying up everything in sight. For these investors renters with a program are often seen as standing in the way of profit$. To maximize profit$ they often move to evict tenants using any percieved violation of the lease terms. One specific reason being used to evict LINC tenants illegally targets LINC renters after their 1 year lease has expired. Whats wrong with this? LINC program terms include an automatic 5 year lease, even if this is not stated in the lease.
Please note: The automatic 5 year LINC lease policy extension does not apply to LINC room rentals. LINC room rentals adhere to what is stated in the lease
In NYC landlords can legally evict a tenant if their lease expired and will not be renewed. This is normal practice and housing court judges strictly follow this policy, also referred to as a, "Holdover Proceeding". But LINC has an addendum to the lease which amends this policy. The addendum titled, "Living in Communities Landlord Statement of Understanding", says in section 3 that LINC tenants are, "automatically entitled to a self-executing renewal of the lease for a second year". Section 4 of the same addendum adds LINC renters are, "further automatically entitled to three additional 1 year leases". Landlords therefore, should not be allowed to initiate holdover proceedings after a 1 year lease expires and any claim should be immediately dismissed. But that is not the practice followed by every housing court judge. We received a frantic call from someone in court crying before a judge who refused to adjourn the case because the landlord denied he had signed the Addendum, and that knowledge of an automatic lease extension existed.
Numerous complaints have also been received from renters and even their attorneys who themselves are frustrated with the LINC process. From contacting Mayor Bill de Blasio's office and speaking with a representative we were informed that:
- The lease addendum is posted online;
- All documents issued at lease signing must be preserved by the tenant;
- Renters can request a full copy of all documents signed during the lease signing directly from LINC.
The city made it very clear to us that the eviction of any LINC tenant due to the expiration of a 1 year lease would be illegal due to the Addendum agreed to at lease signing. But someone needs to convey this to all housing court judges.
If you are fighting to preserve your rights due to an improper eviction procedure please contact us immediately at 914-299-0420. Landlords can also contact us with questions about: Linc, CityFeps, SEPS, HASA, HudVash and Section 8 renters who need apartments to rent.