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Re: Can non-tenant (guarantor) pay the rent? (NYC)

Posted by TenantNet on August 30, 1996 at 12:55:32:

In Reply to: Can non-tenant (guarantor) pay the rent? (NYC) posted by Alexandre Pechtchanski on August 29, 1996 at 14:08:33:

: Hi, everybody:

: Has anyone ever heard about (supposedly) NYS law or regulation that requires
: checks in payment of the rent to be drawn on the bank account of tenant only?

: I am the guarantor for my parents apartment. Sometimes they're short of cash,
: so I pay their rent. Recently my check was returned by landlord's reps. (Heron
: Management Ltd.) with the note that my name is not on the lease. When such
: thing happened some months ago, I sent them a copy of the lease naming me the
: guarantor for the apartment.

: This time, when I called and talked to the manager, he stated that accepting
: my checks will give me "rights" to the apartment, so the NYS law (or DHRC
: regulation) allows them to refuse checks from any party except tenant. He
: refused to provide me with name/number/pointer to this regulation, and my
: attempts to find it here at TenantNet were
: unsuccessful.

: So again, does anybody know what regulation they might refer to and where to
: find it? All references gratefully accepted.

This can be a complicated question. Landlords are reluctant to accept rent
payment from other than the tenant of record lest that person claims some tenancy
rights (or in your case succession rights). In general [and many tenants are
confused about this] acceptance of rent does not in itself **necessarily**
create a landlord-tenant relationship or give you tenancy rights. But even in your case,
to claim any succession rights you would have to satisfy all other criteria, so the
landlord's fear is groundless. As far as we know, there is absolutely no DHCR regulation
that prevents or forbids an owner from accepting rent from a guarantor (co-signer).
In fact that is beyond the jurisdiction of DHCR and they cannot issue any
such regulations [although they may try to do so since much of what they do is beyond the law].
On the other hand, DHCR might have something that might speak to the issue
of what might happen if he did accept such rent, but that does not prevent him from doing so.
The easiest way around this is to give the money to your parents and have them
pay the landlord directly. The owner has the freedom to accept (or not accept) rent.
It's his choice. One thing of which to be aware that manny owners use this
practice as a ruse to try to get people out or to deny lease renewals. Don't
let this happen.

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