[jollyjoan]

My baby's father was recently removed from our household by Child protection services, due to physical abused from him towards our kids, then few weeks after he got into car accident, therefore I lost child support money or any contribution from him, now here is the catch. I lived a 3 family building apartment which happens to belong to his mother, whom we both(while he was living with me) we used to pay month to month rent to her, no lease, no rent receipts, we used to pay her cash. Now I do work, but I have 4 kids, 14-10-8-7 and what I get paid on weekly basis isn't by far enough for utilities and rent, so rent is backed up for 2 months now, and the lady every time she has chance, she harasses me with rent money(which I understand) but I don't get and would like to make sure is, Can the NYS law protect me from an eviction, by revising my case with the few details I have provided, also taking in consideration that my Landlord is my kids grandma? In addition to the fact that, my kids father (Lanlord's son) isn't at the moment providing with any child support, and he is living with his mother? Can someone please tell me what should I do or expect, or perhaps direct me to the safest choice I have as tenant and the landlord's ex-daughter inlaw/mother of her grandkids please. Thank you in advance.

[smoothy]

No... you are required to pay your rent, all of it... you are not entitled to live rent free.

And its not harassment if she's trying to collect what you owe her.

She can serve you with a 30 notice to vacate... as she owns the property. She is legally entitled to receive her rent. And if you won't leave then she can have the sherriffs put you out which will happen with a court order. Sorry if that sounds cold or harsh, but that's how it works. Anything else would be making HER support you which she has no obligation to do.

Your best options are to move in with a friend or family member and get on a list for subsidized or public housing.

You might have a certain amount of protection for utilities being turned off in winter... but you have none for failing to pay rent

[ScottGem]

First, it's not a good idea to piggyback your question on another thread. So I've moved your question to its own thread.

Real Estate law will not protect from eviction. If you are not paying or the landlord wants you out, without a lease to protect you will be evicted.

Other than seeking help from Social Services, I don't know what else to recommend.

{Threads merged}

[joypulv]

You need to get on the public housing list ASAP.
You can ask the town if they have an emergency fund, maybe one month.
You can see if FEMA might provide a month.
I know this is a lot of work while you have a job but you should have started a while ago. The fact that your children's grandmother owns your building has nothing to do with any legal rights.

[Fr_Chuck]

Her being your mother in law has no bearing on the legal case.

Your husband being removed by CPS is not a bearing on the rent.

You are obligated to pay the rent, it is a business not a charity. Many women never get child support or if they do it is off and on, you can not depend on it for bills normally.

So yes she can by law evict you and if you are two months behind, could have evicted you last month.

I assume you have applied for food stamps, government assistance and perhaps section 8 housing?

[JudyKayTee]

I'm also in NYS - yes, she can evict you. There is no law that protects ANYONE from being evicted by ANYONE else, including a relative.

Of course, your landlord has to give you written notice to move followed by filing an eviction notice. A Judge then hears the case and orders you out (if that is according to law - and I believe it is). If you don't go willingly you will be forceably thrown out with your children.

I know it sounds harsh, but that's the law. I would begin to look into other housing possibilities.

I don't understand why your husband is without income. NY is a no-fault (auto insurance) State and he is entitled to collect salary through no-fault during his disabiity. You are entitled to a portion of that in accordance with the support Order.

Is there a support Order in place? If not, go to Court and get one.