Posted by TenantNet on June 08, 1996 at 12:06:23:
In Reply to: Been in apartment for 20 yrs posted by Anonymous Tenant (Paul) on June 08, 1996 at 10:34:18:
: I have a question that I'm sure this would be a great place to ask.
: Before I start, I just want to say that this is a great resource.
: Tenant Net and the internet. This would never have been possible before.
Well... since you're anonymous, we won't be able to keep you up-to-date on
various developments. You might wish to send us your email address (privately
to tenant -at- tenant.net) so we can put you on our mailing list.
: Ok here's my question. I moved to New York City last July (July 1995).
: I moved in with a lady who is 57 years old and has been residing in
: her apartment for the last 20 years. She has a beautiful, spacious
: 2 bedroom apartment in the 90s on Broadway. My room alone is about
: 13 x 17. The rent in this apartment is about $1,100 a month.
: Other 2 bedroom apartments in my building which are the same size
: I have seen being rented for $3,000-$3,500. I know that this apt.
: is rent stabilized.
What you're describing is a roommate situation (which is entirely legal)
: Lately I've been considering moving, because my roommate is tough
: to deal with and I want to live with my girlfriend. My roommate
: is also talking about moving, to develop a relationship.
: Here's the question: Suppose my roommate moved or died (God forbid.) Would
: have any legal right to stay in the apartment, while the landlord
: could only raise the rent maybe 8.5% for vacancy renewal and 4% for a
: 1 year lease? If the landlord could force me out, he could then renovate
: the apartment (which is in great shape and doesn't need renovations)
: and then drive the rent up to $3,000, which I can not afford at this time.
: I was reading some of the legal documents on this board and I guess, based
: on that, I'm asking if I have any succession rights (to succeed her
: occupancy here after she goes). I know I'm not a relative, but since I
: am accumulating time living here, does that give me the right to stay here
: and demand from the landlord the rental bargain-basement rate of $1,100
: plus ~12% rent increase well into the 21st century?!? One pertinent fact is
: that my credit is a little shaky and maybe he could boot me out based on
: that alone. I know I can pay this rent however. My girlfriend and I
: would split it: $600 apiece. Another relevant fact is that my roommate
: either has no lease or her ex husband is on the lease and she's just
: living here. For some reason a few years ago they stopped having a lease.
As a roommate (not a traditional or non-traditional family member) you have
absolutely no rights to succession or assignment. We have a fact sheet and
other material on this on our web site which you should look at, but based on
the description of your roommate situation, you are out of luck. You
might negotiate something with the landlord, but chances are you
will get the renewal and vacancy improvements and any improvement
costs passed on (at 1/40th the cost).
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