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Re: rent stabilized apartment, just married, should I add wife to lease

Posted by Fred Lappert on December 31, 2001 at 14:14:13:

In Reply to: rent stabilized apartment, just married, should I add wife to lease posted by Tony on December 31, 2001 at 13:43:14:

Well, before the trollers give you a hard time, here's some thoughts. You don't have to inform the LL of your wife's presence unless he asks who is in the apartment. And if you file separate tax returns, it may be to your benefit not to do so. A spouse has the right to be on the lease, but it isn't necessary. It would smooth your wife's right to the unit of you pass on.

Go through the website to discover the rules on High rent and High income decontrol - they are complicated, but in general if the aggregate income for the apartment exceeds $175,000 over two years, you got problems. THe LL can send you a form and it would be checked with the NYS Dept of Taxation. So you might want to do some income planning now. ALso check to see if they rent they are charging is the correct legal rent (not just what the LL claims). In many cases, it should be lower, thereby keeping it under the $2,000 threshhold. Remember though, it's the aggregate income, including your wife's. Is she still maintains a separate residence elsewhere, then her income might not be included. Also you might wish to consult with a good tenant lawyer before it becomes a problem.

: I just got married, and my wife has just moved into the apartment and I have a few questions

: 1. Do I need to inform my landlord about the the fact that my wife has moved onto the apartment?
: 2. Do I need to add my wife to my lease?

: At the next renewal (1.5 years), my rent will be > $2000, is there any way I can change the lease to just have my wifes name on it, as she earns less money then me, as our combined income may exceed $170K on the next renewal, thus keeping the apartment under the laws of stablization.

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