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Posted by Fred Lappert on February 16, 2002 at 20:22:26:

In Reply to: Lease renewal posted by Single on February 16, 2002 at 20:12:13:

Well, your rent can't go up until such time as they offer you a renewal leas (at the legal rent). Research that on the web site--it's in the RS Code. They must offer you a renewal lease. But if they delay, the higher rent won't kick in until they do, so just keep paying the existing rent level. And if the Managing Agent is stupid, then let him be stupid. If you were subletting, you had the right to do so if certain procedures are followed (Real Property Law sec. 226-b). But even so, subletting is not a reason to refuse to renew a lease (and it's a "curable" offense). On the other hand, hon-primary residency is a "non-curable" offense to which they can refuse to renew a lease, but they must give you a notice to that effect (called a "Golub Notice") prior to the expiration of your current lease. Make sure you don't fall under a non-primary residence situation. From your post, it sounds not. If people travel for work related reasons, that does not mean it's not your primary residence. Keep copies of hotel bills, etc. Nor does it sound as if you are subletting. It sounds as if you have a roommate -- and that is also permissible. So let the Managing Agent play his game, and don't agree to any rent increases retroactive to when the lease would have taken effect.

: For the past several years I have leased a rent regulated 1 bedroom...and have had a roommate (this is my 3rd. I travel a lot so it works out. This past fall a new managing agent took over and is now refusing to send me a renewal lease as they claim that my travel makes the roommate a subtenant and I have breached the lease.

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Comments:
: Well, your rent can't go up until such time as they offer you a renewal leas (at the legal rent). Research that on the web site--it's in the RS Code. They must offer you a renewal lease. But if they delay, the higher rent won't kick in until they do, so just keep paying the existing rent level. And if the Managing Agent is stupid, then let him be stupid. If you were subletting, you had the right to do so if certain procedures are followed (Real Property Law sec. 226-b). But even so, subletting is not a reason to refuse to renew a lease (and it's a "curable" offense). On the other hand, hon-primary residency is a "non-curable" offense to which they can refuse to renew a lease, but they must give you a notice to that effect (called a "Golub Notice") prior to the expiration of your current lease. Make sure you don't fall under a non-primary residence situation. From your post, it sounds not. If people travel for work related reasons, that does not mean it's not your primary residence. Keep copies of hotel bills, etc. Nor does it sound as if you are subletting. It sounds as if you have a roommate -- and that is also permissible. So let the Managing Agent play his game, and don't agree to any rent increases retroactive to when the lease would have taken effect. 

: : For the past several years I have leased a rent regulated 1 bedroom...and have had a roommate (this is my 3rd. I travel a lot so it works out. This past fall a new managing agent took over and is now refusing to send me a renewal lease as they claim that my travel makes the roommate a subtenant and I have breached the lease.


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