Posted by TenantNet on January 08, 1997 at 06:34:09:
In Reply to: Re: ROOMMATE LEASEHOLDER RELOCATING;ROOMMATE LAWS posted by Passion DeLanti on January 07, 1997 at 13:07:56:
: Thank you for your prompt response. I've been on pins and needles for the last couple
: of days. However, I furthered my due dilligence on the matter and found out through the
: DCHR that I have a right to succeed the lease due to the lenght of time. I have been given
: the option to seek an attorney with succession rights experience, but have been told that I
: don't really need one. DCHR told me that they would send me the necessary paper work to proceed
: with succession.
Look at the succession regs on the web site, then consult with a knowledgeable
attorney who is on your side. Trusting DHCR is an oxymoron. They go out of
their way to deceive tenants. Succession rights depend on a variety of factors,
including the length of time you've lived in the unit, but ALSO a number
of other things as specified in the succession regs. And believe me, if
a landlord wants to object, they will scrutinize things very closely, and
if there's the slightest doubt, it will be construed against your interests.
Yes, you can file for a non-traditional family status application without
an attorney, but you're walking in deep water and if nothing else, you should
get a consultation even if you end up doing the paperwork yourself. You
should at least know what to say and what evidence to supply (and what not
to supply).
: DCHR told me this AM that I would need to have my roommate right a notorized letter to the landlord
: informing him of her pending relocation requesting that I retain succession rights to the apartment
: due to the length of time I have been living with her. The letter should contain the date that I moved
: and in and total of years that I have resided with her etc... If he is not agreeable to allowing me to
: succeed the lease or at least live it out, then a judge will have to grant me the right to succeed the
: lease.
It's not as easy as that. Judges get involved when there's a court proceeding and if you get to
that stage, chances are the landlord will oppose your succession claim vigorously. I wish
I could tell you it was easier, but that's the strait dope.
: However, after the lease is up, he does not have to renew the lease with me if he does not want to.
Succession rights *** do *** give you the right to lease renewals. Unless DHCR has reinvented the law
(which they do try to do whenever they get the chance), they are not talking about succession rights.
Do you know who you spoke to at DHCR? Many of their newer employees have very little training and are under
the thumb of the landlord-financed policy makers now running the aggency.
: As soon as I get the information they agreed to send me, I shall contribute more information for those
: in similar situation as me. I advise all roommates to negotiate their names onto the existing lease if
: possible. Life takes on very bizarre turns, and you may find yourself in my shoes.
We welcome your interest and contributions, and we would like to see what you
get out of the agency. A lot of their newer material is "ultra vires" which means
against or beyond the law. You may find a few sympathetic people at the agency
(not all are villians), but I would be awfully suspicious.
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