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Posted by Passion DeLanti on January 07, 1997 at 12:58:37:

In Reply to: Re: ROOMMATE LEASEHOLDER RELOCATING;ROOMMATE LAWS posted by TenantNet on January 07, 1997 at 04:14:44:

: : I need help! I have been living with my roommate for 7 years and she has
: : decided to relocate by the end of the month. She is suddenly in search of
: : her self and is leaving. She has had "control" issues and has never agreed to
: : put me on the lease. My grandmother recently passed away, and I have inherited
: : a fourteen year old cousin as a kinship foster son. I need to keep the apartment
: : as part of the adoption procedures that I will commence in April. The "slumlord"
: : does not want me to succeed the lease, nor is he willing to let me live out the lease
: : which is up 10/31/97. Are there any laws that protect me as a roommate, though not
: : on the lease? I have no where else to go and am not in a financial position to
: : vacate the premises by the end of this month. Are there any laws that protect me
: : as a foster parent to my 14 year old cousin? Also, I have been considered by her
: : whose name is also on the lease as part of the "family". Wouldn't this make me a
: : "non-traditional" family member entitled to succeed the lease? I am desperate, please
: : help me. I will be back tomorrow to check the message system. THIS MATTER

: I'm assuming you're in NYC. The first thing you may wish to do is consult
: with a tenant attorney experienced in succession issues. We have the
: succession "regs" on the web site and there are very clear guidelines
: as who can be considered a non-traditional family member and the burden
: would be on you. If you decide to claim this, it would be a defense in
: a holdover proceeding or you ask for a prior opinion/status from DHCR.

: Even if the tenant moves out leaving you behind. the owner cannot just
: lock you out without going through court process, but as long as you
: can't talk him into letting you take over the lease or take a new
: lease with a legal increase, you may be stuck. You may buy some time,
: maybe a few months to let the court do its work. You may also wish
: to consult with family and children agencies to see if they know any
: special provisions when minors are involved, but I don't know of any.
: I believe the Social Service Law (but ask someone who really knows this)
: will only place a foster child when there is adequate housing, but your
: argument is in a way, the reverse: you're hoping to keep your existing housing
: because you have (or hope to have) a foster child. I believe the owner
: would have to commence a "licensee" proceeding to out you as a roommate.

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