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Re: Definition of vacancy?

Posted by William Rowen, Met Council on February 12, 1998 at 01:39:10:

In Reply to: Definition of vacancy? posted by Dan Michaelson on February 08, 1998 at 19:52:44:

: There are three roommates, not family members, on my rent-stabilized apartment's lease. For the past four months, I've been subletting from the third roommate. Now it's time to renew the lease. The third roommate wants to get off the lease, and I want to be put on the lease in his stead. The first two roommates will remain on the lease and have lived here throughout.

: The landlord says she's going to increase the rent as though it's a vacancy lease-- even though two of the three people on the lease are the same. Is this legal?

: Would it be worse or better to propose not having me on the new lease, and simply striking the third roommate from the lease?

: Thanks for your help.
: -Dan

And I bet you thought that vacancy meant vacant! Not according to the regulators of the Pataki Administration. Add a name to the lease; collect a vacancy allowance.

Just move in and ignore the landlord. Strike a separate written agreement with the two remaining named tenants on the lease. They should agree if you nail it down with some good legal advice. In New York it is legal to be simply a roommate. The landlord can fume, but do nothing about it.

The above advice assumes the three of you can see reason and can overcome the usual intimidation that tenants feel when dealing with a pushy scumbag landlord. If you can overcome that, you'll win.

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