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Posted by TenantNet on October 02, 1996 at 21:21:33:

In Reply to: Rent Stabilized sub-let posted by Vincent Soctti on October 02, 1996 at 17:39:20:

: I am currrently living in a rent stabilized apartment that I am sub-letting from my uncle. His lease is up in February of 1997 but my sub-let lease, which was done through the management company, was for two years and is not up until September of 1997. He does not plan on moving back in the apartment and I would like to stay there and have the lease in my name. Do I have any right to assume his lease when it expires and if I do assume the lease how much could they possibily raise my rent? The building super has told me that the managment company usually wants to make renovations on the apartments when leases expire and if they do this what kind increase am I looking at in my rent? Thanks.

You may have shot yourself in the foot on this one by setting up a sublet,
which by definnition, means your uncle is not residing there. If both
you and the uncle had lived there for two years, as a family member you
had a good chance to claim succession rights. If you could get him to
move back in -- while you were also there -- you could possibly
reassert that right. See the succession regulations in the DHCR area.
Otherwise you have no automatic rights of lease assignment. You can
negotiate with the landlord and chances are you will get a
vacancy increase and they may insist on improvements which they can pass along
at 1/40th the cost of the improvements.

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Comments:
: : I am currrently living in a rent stabilized apartment that I am sub-letting from my uncle.  His lease is up in February of 1997 but my sub-let lease, which was done through the management company, was for two years and is not up until September of 1997. He does not plan on moving back in the apartment and I would like to stay there and have the lease in my name.  Do I have any right to assume his lease when it expires and if I do assume the lease how much could they possibily raise my rent?  The  building super has told me that the managment company usually wants to make renovations on the apartments when leases expire and if they do this what kind increase am I looking at in my rent?  Thanks.

: You may have shot yourself in the foot on this one by setting up a sublet,
: which by definnition, means your uncle is not residing there. If both
: you and the uncle had lived there for two years, as a family member you
: had a good chance to claim succession rights. If you could get him to
: move back in -- while you were also there -- you could possibly
: reassert that right. See the succession regulations in the DHCR area.
: Otherwise you have no automatic rights of lease assignment. You can
: negotiate with the landlord and chances are you will get a 
: vacancy increase and they may insist on improvements which they can pass along
: at 1/40th the cost of the improvements.


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