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Posted by TenantNet on November 22, 2000 at 23:30:45:

In Reply to: Bldg sold posted by tom horan on November 22, 2000 at 11:59:17:

We apologize for Richard. This is not the first time he's been suspended for his inappropriate responsses. There are a few separate issues here. First, when a new owner buys a building, he/she "steps into the shoes" of the old owner -- inheriting any existing leases, the rents and the terms of the leases. As RS units have guaranteed renewal at the same terms, albeit with the RGB rent increases, exisitng tenants are not legally endangered.

But your wife was not the tenant, she was a roommate or "occupant" with no explicit tenancy rights. That might have changed based on the facts. If the old owner was aware of her occupancy and accepted rent from her, then she could have acquired legal tenancy rights -- meaning a "landlord/tenant" legal relationship could have been created. It depends on the facts and you should consult with a tenant attorney to get an opinion based on the totality of tenant law. (also look at housing court decisions on the web site).

But you also have a primary residence problem. This is a problem for any RS tenant. Yes, you''re allowed to have a vacation cottage, but a real primary residency elsewhere undermines the legitimacy of the system. Again, this depends on the facts, where you vote and pay taxes, but the rule of thinb is where you spend most of your time. We often hear 189 days of the year is a benchmark, but that also depends on many circumstances. If, as you say, she is here full time, and you can show that, then that's pretty clear where the real primary residencey is. That you may pay some taxes in another state is certainly a factor (and to some determinative), but increasingly it's looked at where you actually "live." You can still own property elsewhere, it's where you live.

But the primary reidency issue could also be factored into whether or not your wife acquired tenancy rights. Again it all depends on the fact patttern, which is why you should consult with a goof NYC tenant attorney that has experience in these kinds of cases.

: Hi all - here's our problem.
: My wife of 7 years moved into the rent stab. apt about 18 yrs ago as roommate to leaseholder. Lease holder moved out 2 yrs later and my wife stayed, kept paying the rent, but was never on the lease. She asked to be put on the lease but was told, not to worry, they knew who she was and that she was there.
: Bldg sold about 2 months ago. New owners wanted a 20% increase in rent for a vacancy lease with her name on it. She agreed to it (all verbal) but they've changed their minds.
: Since we have another residence in and are legal residents of another state, new owners want fair market rent for the apt from us.
: My wife is full time in the apt, gets her mail here, etc.
: Any help would be much appreciated.
: Tom
:

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• Re: Bldg sold Tom 11/23/00 (0)

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Comments:
: We apologize for Richard. This is not the first time he's been suspended for his inappropriate responsses. There are a few separate issues here. First, when a new owner buys a building, he/she "steps into the shoes" of the old owner -- inheriting any existing leases, the rents and the terms of the leases. As RS units have guaranteed renewal at the same terms, albeit with the RGB rent increases, exisitng tenants are not legally endangered.

: But your wife was not the tenant, she was a roommate or "occupant" with no explicit tenancy rights. That might have changed based on the facts. If the old owner was aware of her occupancy and accepted rent from her, then she could have acquired legal tenancy rights -- meaning a "landlord/tenant" legal relationship could have been created. It depends on the facts and you should consult with a tenant attorney to get an opinion based on the totality of tenant law. (also look at housing court decisions on the web site).

: But you also have a primary residence problem. This is a problem for any RS tenant. Yes, you''re allowed to have a vacation cottage, but a real primary residency elsewhere undermines the legitimacy of the system. Again, this depends on the facts, where you vote and pay taxes, but the rule of thinb is where you spend most of your time. We often hear 189 days of the year is a benchmark, but that also depends on many circumstances. If, as you say, she is here full time, and you can show that, then that's pretty clear where the real primary residencey is. That you may pay some taxes in another state is certainly a factor (and to some determinative), but increasingly it's looked at where you actually "live." You can still own property elsewhere, it's where you live.

: But the primary reidency issue could also be factored into whether or not your wife acquired tenancy rights. Again it all depends on the fact patttern, which is why you should consult with a goof NYC tenant attorney that has experience in these kinds of cases.

: : Hi all - here's our problem.
: : My wife of 7 years moved into the rent stab. apt about 18 yrs ago as roommate to leaseholder. Lease holder moved out 2 yrs later and my wife stayed, kept paying the rent, but was never on the lease. She asked to be put on the lease but was told, not to worry, they knew who she was and that she was there.
: :    Bldg sold about 2 months ago. New owners wanted a 20% increase in rent for a vacancy lease with her name on it. She agreed to it (all verbal) but they've changed their minds.
: :    Since we have another residence in and are legal residents of another state, new owners want fair market rent for the apt from us.
: :    My wife is full time in the apt, gets her mail here, etc. 
: :     Any help would be much appreciated.
: :     Tom
: :  


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