Posted by Dawn on January 11, 2001 at 17:07:07:
In Reply to: Re: lease renewal/www.nolo.com: your info is wrong posted by terri on January 11, 2001 at 15:13:05:
Thank you for the very interesting note. Great info. I reiterate: i suggested in my post that nolo "may be useful." NOT an absolute. I never implied or said : hey, overlook or ignore any other sources.
There are weblinks right on Tenant.net on rent stabilization issues in New York. I had assumed (wrongfully, perhaps?) that Kimmy had already gone through those sites and done her research there and was asking for more help through people here. At least that's what I read in her original posting.
I have several of the nolo books at home and they have proved to be very informative and helpful in my dealings with my landlord. I live in Queens, New York and between those books and this website, I've been able to get a better handle of my rights as a tenant. I've contacted DCHR myself and the nolo site and the books also talk of the procedures of dealing with the landlord and about contacting DCHR. I wish I could say I work for nolo but I don't. But if anyone wanted some help to break down the legalese that comes with housing situations, their rights and such, throughout the United States, I would most heartily (and continue to) recommend the nolo series as one of the sources to use.
Now let's get to the matter at hand. As far as your take on the rent stabilization issue, the original lease had two people on the lease. The lease may be argued as invalid because one of the two original persons moved out. And when I presented that statement, I said "it appears." You even put the sentence by itself so I know you read that part of the sentence. Again, another sentence not absolute or set in stone.
The scenario I mentioned, that you happened to agree on, bringing up the third person, Kimmy, to be offered as the replacement roommate, seems to be the only viable alternative. However, I was trying to see this from different sides. What if Kimmy gets surprised with this reasoning by her sister's landlord? By presenting this situation, and if you or someone else is able to give the some information to a proper answer to the scenario of "possible" new lease, then Kimmy benefits from both of us going back and forth with these musings and ideas and opinions and she will be better prepared to anticipate any snags or walls the landlord throws her way. Just a thought.
Terri, I have nothing against rent stabilization as I'm a tenant myself. I also work for lawyers. Everything that's written law is complex (the realization you state is well taken, Terri) and I never presented myself as a lawyer. There are loopholes to everything everywhere. Nothing is completely airtight. There are ways to go around things. But I've seen enough posts about this -- perhaps you can clarify: Are you implying the landlord has no right to be notified as to who is living in the apartment? People have argued here in the past about an occupancy rule (number of persons in an apartment). I never said that Kimmy couldn't live there, I asked if the landlord was made aware of her presence? Just semantics, I guess.
In the meantime, I will keep your website links at hand. I hope Kimmy got the help she needed and everything works out for her.
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